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§310. Definitions


Published: 2015

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The Vermont Statutes Online



Title

01

:
General Provisions






Chapter

005

:
COMMON LAW; GENERAL RIGHTS






Subchapter

002
:
PUBLIC INFORMATION










 

§

310. Definitions

As used in this

subchapter:

(1)

"Deliberations" means weighing, examining, and discussing the reasons

for and against an act or decision, but expressly excludes the taking of

evidence and the arguments of parties.

(2)

"Meeting" means a gathering of a quorum of the members of a public

body for the purpose of discussing the business of the public body or for the

purpose of taking action. "Meeting" shall not mean written

correspondence or an electronic communication, including e-mail, telephone, or

teleconferencing, between members of a public body for the purpose of

scheduling a meeting, organizing an agenda, or distributing materials to

discuss at a meeting, provided that such a written correspondence or such an

electronic communication that results in written or recorded information shall

be available for inspection and copying under the Public Records Act as set

forth in chapter 5, subchapter 3 of this title.

(3) "Public

body" means any board, council, or commission of the State or one or more

of its political subdivisions, any board, council, or commission of any agency,

authority, or instrumentality of the State or one or more of its political

subdivisions, or any committee of any of the foregoing boards, councils, or

commissions, except that "public body" does not include councils or

similar groups established by the Governor for the sole purpose of advising the

Governor with respect to policy.

(4)

"Publicly announced" means that notice is given to an editor,

publisher, or news director of a newspaper or radio station serving the area of

the State in which the public body has jurisdiction, and to any person who has

requested under subdivision 312(c)(5) of this title to be notified of special

meetings.

(5)

"Quasi-judicial proceeding" means a proceeding which is:

(A) a contested

case under the Vermont Administrative Procedure Act; or

(B) a case in

which the legal rights of one or more persons who are granted party status are

adjudicated, which is conducted in such a way that all parties have opportunity

to present evidence and to cross-examine witnesses presented by other parties,

which results in a written decision, and the result of which is appealable by a

party to a higher authority. (Added 1987, No. 256 (Adj. Sess.), § 1; amended

2013, No. 143 (Adj. Sess.), § 1.)