The current petition for introducing a charter to Randolph contains the following text. Please find under each section a plain text explanation of what it means, and why each article would benefit our town.
Randolph Charter
In accordance with 17 V.S.A. §2645, we the undersigned legal voters of Randolph hereby petition the Selectboard to properly warn and hold for vote at the next Annual or Special Town Meeting the following Articles, to wit:
What is this text?
§1. Recall of Elected Officials
(a) The voters of the Town may petition for a special election to recall any elected official. A recall petition must be signed by at least ten percent (10%) of the registered voters and submitted to the Town Clerk within thirty (30) days from the date of issuance.
(b) Upon verification of a valid petition, the Selectboard shall call a special election to be held within forty-five (45) days. A majority vote in favor of recall shall result in immediate removal from office.
(c) If the Town votes for removal of an elected officer, the office shall there upon become vacant, and the Selectboard shall call a special meeting, to be held within 45 days of the vote for removal, to fill the vacancy until the term of the officer so removed expires. The office shall remain vacant until the next annual Town meeting if such special meeting would fall within 75 days prior to the annual Town meeting.
(d) A recall petition shall not be brought against an individual more than once within 12 months.
What Does This Article Do?
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This article allows the residents of Randolph to remove elected officials if they have deemed them to not be meeting their expectations as elected officials and representatives. This applies to all elected officials, including the Town Clerk/Treasuer, the Selectboard, the Budget Committee, etc...
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This type of article is becoming fairly common in towns with charters, and the language itself was ripped largely from the Town of Underhill.
How Does It Benefit Randolph?
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The main benefit to having this option is that it will give us a way to hold elected officials accountable. At present, if an official is not performing in their role to the degree that was expected when they were elected, then we're just screwed until the next election. Usually that isn't too bad since terms are generally short, but this will greatly benefit us in the case of having elected a truly awful person to a role.
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With the knowledge that they could be removed by voters at anytime, the hope is that this will ensure those we elect are more cognizant of the duty they have to the voters of town. We don't suspect this will be used often, if ever, as the only record we could find of any town using their recall option was Underhill back in 2023.
§2. Ranked Choice Voting
(a) All elections of the Selectboard, Town Clerk, and any other townwide offices on the Town Meeting ballot, shall use a system of ranked choice voting without a separate runoff election. The Town Clerk shall implement a ranked choice voting protocol according to these guidelines:
(1) The ballot shall give voters the option of ranking candidates in order of preference.
(2) If a candidate receives a majority (over 50 percent) of first preferences, that candidate is elected.
(3) If no candidate receives a majority of first preferences, an instant runoff tabulation shall be performed by the presiding election officer.
(b) The Selectboard may adopt ordinances consistent with this subsection to implement these standards.
What Does This Article Do?
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This article establishes ranked choice voting in our local elections. Ranked choice voting is a voting method by which you rank candidates in the order that you prefer them. This mostly leaves elections with only one or two candidates on the ballot unaffected.
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For elections with more than two candidates you pick your first choice, then your second choice, then your third choice, and so-on-and-so-forth. If no candidate has more than 50% of voters choose them as their first choice, then the candidate with the lowest votes is dropped. Once they are dropped all their votes go towards the second choice of each voter. This continues until a candidate obtains over 50% of the total votes.
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The verbiage for this article was pulled directly from the City of Burlington's Charter and has been adapted to work for our town
There are 3 main benefits to ranked choice voting over traditional voting, and they're directly intertwined.How Does It Benefit Randolph?
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Reducing Vote Splitting
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The first benefit is that ranked choice voting mostly nullifies the risk of vote splitting between candidates with similar policies and political leanings.
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Let's say an election with 3 candidates. Two of those candidates have similar positions to each other, and the third is on the opposite end of the spectrum from them. In our hypothetical each of our similar candidates receives just under one third of the overall votes, and the third candidates receives a bit over one third. In a traditional voting scheme the third candidate would win, as they have the most votes overall. This is despite the fact that our other two candidates had in total the vast majority of votes, indicating that the residents of the town clearly preferred their policies.
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If ranked choice voting was implimented it would be most likely that most voters who picked either one of the first two candidates as their top choice would pick the other as their second choice. Then, after one of them had been eliminated after the first round, their votes would transfer to the second candidate. This would push the second candidate beyond the 50% threshold and the town would have elected a candidate clearly in-line with their own beliefs.
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Increasing Candidate Diversity
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Due to fears of vote splitting, many times candidates with similar, but differing, beliefs to established candidates do not run. This is because while they may feel that their policy position are better from an established candidate, they are not different enough to worth splitting the vote and risk giving an election over to a candidate with wildly differing views.
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Furthermore, even if a candidate is willing to split the vote, voters may not be. If there are two, or more, candidates with similar policy position that they like, they might be inclined to skew the vote by picking the more established or "electible" candidate.
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Ranked choice voting removes the need for candidates or voters to make these sorts of calculations. They can simply vote for their preferred candidate, and then choose the next best one for them as their second choice.
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Increasing Representation
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With vote splitting no longer being an impediment, and candidates/voters not having to make political calculations when running/voting, ranked choice voting overall increases representation among elected officials.
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A part of increased representation is the increase in representation of non-establishment candidates. This is important for a thriving democracy and would be a boon for our town.
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§3. Data Center Moratorium
(a) Notwithstanding any provision of the law to the contrary. Prior to January 1, 2036, the Town of Randolph, its Development Review Board, or any other entity within the Town may not accept an application for or issue a permit, certificate or other approval for the development, construction or operation of a data center with a load of 10 megawatts or more.
(b) Definitions as used in this section: “data center” means any facility in the State, which may be a freestanding structure or a facility within a larger structure, that primarily contains electronic equipment used to process, store and transmit digital information that uses environmental control equipment to maintain the proper conditions for the operation of electronic equipment.
What Does This Article Do?
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This article would ban the development of any data centers in town that has a power hookup of greater than 10 megawatts until January 2036, at which time this article will expire if not updated by the voters.
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The language is taken directly from a Maine bill that passed their House and Senate earlier this year, has been adapted to work for the Town of Randolph, and aims to be clear and simple with no ambiguities or loopholes.
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10 megawatts was chosen as the limit after reviewing similar bills across the country and looking at the power consumption of traditional non-AI datacenters. That power hookup is equivalent to a bit over 400 homes with 100amp service.
How Does It Benefit Randolph?
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This article proactively protects us from permitting the development of a large scale data center here in town.
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Across the country AI data centers have been appearing in rural towns where land is cheap relative to the larger cities that are the primary consumers of AI resources. This has negative impacts on the residents living directly next to these data centers, the local watershed, and regional energy prices.
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Many towns and municipalities in these areas have successfully fought off the development of the data centers, however these fights are long and arduous oftentimes occurring after plans for a data center have been put in motion. With proactive protection we can ensure that the residents of this town do not have to participate in these fights and we can protect our more rural areas.
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Additionally, this is a temporary moratorium, not a permanent ban. This gives us time to see how data center development across the rest of the country happens and develop better tools to defend ourselves from reckless development. Before the article expires we will come back together as a community to discuss how and what we should change regarding this article to craft more foundational protections.
§4.Taxing Second Homes
(a) Except for the property of utilities subject to the provisions of 30 V.S.A. chapter 3, all real property set out in the grand list that is classified as nonhomestead residential, shall be assessed at 148 percent of fair market value. Properties upon which in-lieu-of-tax payments are made shall be likewise classified and assessed for the purposes of such payments.
(b) For the sole purpose of calculating the educational grand list and for the assessment of property taxes for education purposes under Act 60, so-called, as the same may be amended from time to time, all nonhomestead residential properties as above defined shall be assessed at 100 percent of fair market value.
(c) Definitions as used in this section:
(1) “Homestead” means a parcel, or portion of a parcel, declared as a homestead on or before October 15 in accordance with 32 V.S.A. § 5410 for the current year.
(2) “Nonhomestead nonresidential” means a parcel, or portion of a parcel, that does not qualify as “homestead” or “nonhomestead residential” under this section.
(3) “Nonhomestead residential” means a parcel, or portion of a parcel, for which a homestead was not declared in accordance with 32 V.S.A. § 5410 for the current year and that has a residential property, as defined by the Commissioner by rule.
(d) A parcel with two or more portions qualifying for different tax classifications under this section shall be classified proportionally based on the percentage of floor space used.
(1) In the case of a homestead with 25 percent or less of floor space used for a business purpose, the parcel shall be classified as a homestead pursuant to subdivision 32 V.S.A. § 5401(a)(7)(F).
(2) If a portion of floor space is used for more than one purpose, the use in which the floor space is most often used shall be considered the primary use and the floor space shall be dedicated to that use for purposes of tax classification.
(e) Nothing in this section shall be construed to alter the tax treatment or enrollment eligibility of property as it relates to use value appraisal under Vermont Statutes Annotated, chapter 124 (§§3750-3777).
(f) Persons aggrieved by a decision to classify property for taxation purposes under this section may appeal in the manner provided for property valuation appeals in 30 V.S.A. chapter 131.
(g) Subdivisions (c) through (f) of this section shall be superseded by State definitions, classifications, and rules if and when a “nonhomestead residential” tax classification is established by the Vermont State Legislature and made effective.
What Does This Article Do?
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This article would establish a "nonhomestead residential" tax classification here in town and tax homes in that classification at a higher rate. Second homes, as well as short-term rentals (e.g. AirBNBs) would fall under this new tax classification.
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The initial language used in this article is taken from the City of Burlington's business tax charter article. This section establishes the higher tax rate for second homes and clarifies that it only would apply to town taxes, not education taxes.
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The rest of the bill aims to define what a "nonhomestead residential" property is. The language used is taken directly from the Vermont legislature, which passed bills this year that would establish a second home tax classification statewide. However, their new tax classification would not go into effect until July 2028 if they meet certain conditions. They may not meet those conditions, meaning that classification may not go into effect then, if ever.
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It was elected to define second homes ourselves, and add a section at the end clarifying that if the legislature's new classification does go into effect then we would use their classification from then on.
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(This section might be better at the bottom of the benefits tab) Some may point out that this new tax classification would put additional work on our town listers. However, the listers already need to start applying this classification in 2027 ahead of it going live in the state in 2028, and the article will likely not pass through the general assembly until later in 2027 after the fiscal year 2028 tax rate has already been set. In all likelihood this will not apply until fiscal year 2029, despite not stating this in the charter article itself. Even if it could apply to fiscal year 2028, we believe the additional work on the listers would be to the benefit of the town.
How Does It Benefit Randolph?
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Taxing second homes is a no-brainer way to bring in revenue in town, reduce the overall tax burden on working class residents, and encourage more housing to be freed up in Randolph.
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Currently the State of Vermont has the second highest number of vacant properties of any state in the country, with around 20% of properties being vacant. Of those, around 75% are seasonal or vacation homes, which are considered vacant because they are for the majority of the year. This means that around 16% of all homes in Vermont are seasonal or second homes
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Homes that are vacant for much of the year cause outsized impact on the locals in the area. Not only do they reduce the housing supply, in an already tight and unaffordable housing market, but they also mean that there are simply less people in town then their could be. This direclty impacts the vibrancy of our local community. With less people living here our businesses hurt, our community events are reduced, and the number of meaningful connections we could make is reduced.
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A tax on second homes not only brings in revenue to help offset that in some way, but also helps to incentives those homeowners to sell their homes. We are better off with homes being sold to locals than homes that sit empty for the majority of the year, slowly rotting themselves while decaying our community.
§5. Non-Citizen Voting
(a) Notwithstanding 17 V.S.A. § 2121(a)(1), any person may register to vote in Town of Randolph elections who on election day is a citizen of the United States or a legal resident of the United States, provided that person otherwise meets the qualifications of 17 V.S.A. chapter 43.
(b) A noncitizen voter shall not be eligible to vote on any State or federal candidate or question by virtue of registration under this section.
What Does This Article Do?
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This article allows for all residents of town, who are of voting age, to participate in local elections and Town Meeting votes, provided that they are legal residents in this country.
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This language is taken directly from the Montpelier Charter. Both Burlington and Winooski have similar articles in their charters.
How Does It Benefit Randolph?
- All residents who live in Randolph pay into municipal taxes, whether directly through property taxes on a property they own, or by the property taxes their landlords pay on the homes they rent. At present they are paying taxes to town without representation, and this article fixes that quirk of our current voting system.
§6. Public Safety
§§1. ICE Non-Cooperation
(a) The Randolph Department staff should follow the absolute legal minimum requirements for cooperation with federal immigration enforcement for all Randolph arrestees and cease:
(1) Unnecessarily informing U.S. Immigration and Customs Enforcement (ICE) or any similar agency of the release of a person who is suspected of being undocumented.
(2) Participating in direct "hand-offs" of people arrested by town officers being released directly into the custody of ICE or any similar agency.
(3) Directly or indirectly facilitating ICE or any similar agency taking custody of any person being released.
What Does This Article Do?
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The aim of this article is to ensure that the Randolph police, which is paid for by residents and operates at their discretion, does not go beyond their duties to assist the federal Immigrations and Custom Enforcement (ICE) agency
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This article does not stop or affect day-to-day operations of the police department, but it mandates they not go out of their way to report to ICE without a warrant, do ICE's job by arresting a suspect for them, or facilitate detainment of a person being released from their custody.
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This article does not mandate the police not comply with federal law. All federal laws requiring police cooperation still apply
How Does It Benefit Randolph?
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In an time where federal agencies are acting more and more recklessly, this article would ensure that our police do no proactively help further their chaos in this time or inflict unnecessary stress onto the people they interact with.
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Without the fear of the Randolph police reporting directly to ICE, the member of our immigrant community here in town would be more likely to use the police service that they help to pay for.
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Furthermore, this police will prevent the police department from using our tax dollars to participate in ICE partnership programs, monitor our schools for ICE, or collect surveillance data for the federal government.
§7. General Governance
§§1. Conflict of Interest
(a) No member of any Town board, commission, or committee shall vote on any matter where there is a direct or indirect financial or personal interest. It is expected that any member of any Town board, commission, or committee with a conflict of interest will fully disclose the nature of his or her conflict and will recuse himself or herself from a vote on the issue at hand.
(b) The member with a conflict of interest may participate in the discussion of the issue at hand with the consent of the majority of the remaining board, commission, or committee members.
(c) Any interested person may publicly request that a member recuse himself of herself due to a conflict of interest, and that member must comply if there is a conflict of interest.
(d) Definitions as used in this section: “direct or indirect financial or personal interest” is one where the member, an associate, or family member could potentially benefit or lose from an outcome in a manner that would be greater than a member of the general public. “Fully disclose” means to lay out to the public exactly what these direct or indirect interests are, and how much the board member would stand to gain or lose based on the outcome of a decision.
What Does This Article Do?
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This is a conflict of interest policy that applies to town governing officials, which would stand above any internal conflict of interest policy a board may wish to adopt.
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This policy also states clearly that any person may request recusal for members who have a conflict of interest, whereas at present conflicts of interest are largely internally enforced.
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Brattleboro's conflict of interest article was used as a roadmap for this one, with a definitions section added for clarification.
How Does It Benefit Randolph?
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A conflict of interest policy set by the voters of town in a charter creates a standard that cannot be amended by the same board that policy governs.
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This is an improvement over a policy that is set by the board itself and can be changed at any time. This policy is also more clear and straight forward than the current policy of the Selectboard, for example, which has been pointed out recently contains uneforceble sections within itself.
§§2. Petitions
(a) No voter-backed petition shall be rejected for inclusion in the warning for any reason other than insufficient signatures or submission after the deadline set forth in 17 V.S.A. § 2642(a)(3)(a)
(b) A petition article defeated in two consecutive years shall not be placed on the warning for three years thereafter.
What Does This Article Do?
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This article would allow for any voter-backed petition to be put on a town meeting, or special town meeting, ballot, without the need for the Selectboard to approve the petition itself.
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The language for this is taken from a section of Brattleboro's town charter
How Does It Benefit Randolph?
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The primary benefit of this article is that it will incentives more residents to create petitions for articles at Town Meeting, regardless if they are advisory or otherwise.
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For example, a group of people may want to have the town vote to send a letter to the legislature demanding that education taxes be lowered by reducing administrative staff. At present, if a petition were turned into the Selectboard for that, that would be advisory and they would not have to warn it. With this article they would have to warn it, and, if it passed, the will of the people in town would be an official record.
So What Is a Town Charter Anyway?
Towns can create charters to give a certain degree of local control over some legal aspects of a town. In Vermont all powers of town government are granted explicitly, or implicitly, by the State Legislature. The local government and the voters in a town have a certain degree of freedom in how they want their town to run, but they do not have the ability to enact larger changes themselves. This is why a town is allowed to appoint a Town Manager, for example, which is laid out in 24 V.S.A. § 1232.
However, there are exceptions to this rule. Towns are allowed to draft town charters which create exceptions to this rule, and other rules, by codifying charter articles into Vermont State Statute. For example, many town, including Williamstown and Royalton, have charters which allow the Town Treasurer to be an appointed position instead of an elected position. Some towns decided this gave the town more stability and made it happen with a charter.
Sounds Great, Why Should I Care?
You should care because this process gives us the ability to more fully determine how we want to be governed and how we want our town to operate. Perhaps you think our town would benefit if there were areas of Main Street where the speed limit was 15mph; or maybe you believe allowing minors aged 16 and older to vote in local elections will help to engage the youth in the civic process; or maybe you think our town should have Town Meeting every month to have all 4,000+ voters in town make the same decisions the Selectboard otherwise would. The world is your oyster, and the charter gives us more possibilities than the ones we are currently constrained by.
Furthermore, if there is some obvious change that the legislature should make to how a municipality operates, but they are dragging their feet on making that change, a charter tells them directly what the taxpayers of a town want. If enough towns pass the same charter articles, they oftentimes become statutes. The Town Treasurer charter examples from before show this quite well. After a large number of towns passed articles saying treasurers ought to be able to be appointed, the General Assembly eventually made it state law so every town now has the option to appoint their Treasurer.
What If I Don't Like Some of the Articles in the Peition?
Good news, once the petition for the articles to go on the town charter has received enough signatures and is warned for Town Meeting then each one will be voted on individually. What this means is that if you like just one article on the petition, then you should sign the petition. Once the articles are on the Town Meeting ballot you will have the opportunity to both vote "no" on the ones you don't like, but also advocate that others vote "no" with you.
And, even better news, you could go ahead and create your own articles to be a part of a town charter yourself. For example, after this charter was finalized a resident in town asked if there could be an article for allowing minors to register to vote in town elections at age 16. This was something not even considered by the residents who participated in brainstorming and drafting this charter, and is something that has been enacted in Brattleboro. While this petition for a charter doesn't include it, there's no reason a group of people couldn't start their own petition just to have that article be a part of a Randolph town charter.
What's the Process?
- Petitions to adopt, repeal, or amend a municipal charter may be made by petition of five percent of the voters of the municipality. There are currently petitions circulating and one is available for signatures in the Kimball Library.
- The petition must be turned into the Town Clerk no later than 47 days before the next Town Meeting. Assuming there are no more Special Town Meetings occurring, this would be Monday, January 18th, 2027.
- The town clerk must certify the date on which they received the official copy, file it as a public record in the office, and make dated copies available to members of the public upon request.
- The selectboard can make technical corrections to the petition but may not revise the proposal.
- Two public hearings must be conducted. The first must be at least 30 days before the vote. The second must be not more than 10 days after the first hearing (if proposed by petition). Both hearings must be warned not more than 40 and not less than 30 days from the date of the hearing. This means that the warning for the first hearing needs to be posted between 60-70 days before the vote.
Selectboards are the public body that warns and calls the public hearings, and any special or annual meeting required in this section. After the warning and hearing requirements are satisfied, a charter proposal put forth by petition “shall be submitted to the voters at the next annual meeting, primary, or general election.”