Title 1 : General Provisions

Chapter 005 : Common Law; General Rights

Subchapter 002 : Public Information

(Cite as: 1 V.S.A. § 314)

§ 314. Penalty and enforcement

(a) A person who is a member of a public body and who knowingly and intentionally violates the provisions of this subchapter, a person who knowingly and intentionally violates the provisions of this subchapter on behalf or at the behest of a public body, or a person who knowingly and intentionally participates in the wrongful exclusion of any person or persons from any meeting subject to this subchapter shall be guilty of a misdemeanor and shall be fined not more than $500.00.

(b)(1) Prior to instituting an action under subsection (c) of this section, the Attorney General or any person aggrieved by a violation of the provisions of this subchapter shall provide the public body written notice that alleges a specific violation of this subchapter and requests a specific cure of such violation. The public body will not be liable for attorney’s fees and litigation costs under subsection (d) of this section if it cures in fact a violation of this subchapter in accordance with the requirements of this subsection.

(2) Upon receipt of the written notice of alleged violation, the public body shall respond publicly to the alleged violation within 10 calendar days by:

(A) acknowledging the violation of this subchapter and stating an intent to cure the violation within 14 calendar days; or

(B) stating that the public body has determined that no violation has occurred and that no cure is necessary.

(3) Failure of a public body to respond to a written notice of alleged violation within 10 calendar days shall be treated as a denial of the violation for purposes of enforcement of the requirements of this subchapter.

(4) Within 14 calendar days after a public body acknowledges a violation under subdivision (2)(A) of this subsection, the public body shall cure the violation at an open meeting by:

(A) either ratifying, or declaring as void, any action taken at or resulting from:

(i) a meeting that was not noticed in accordance with subsection 312(c) of this title; or

(ii) a meeting that a person or the public was wrongfully excluded from attending; or

(iii) an executive session or portion thereof not authorized under subdivisions 313(a)(1)-(10) of this title; and

(B) adopting specific measures that actually prevent future violations.

(c) Following an acknowledgment or denial of a violation and, if applicable, following expiration of the 14-calendar-day cure period for public bodies acknowledging a violation, the Attorney General or any person aggrieved by a violation of the provisions of this subchapter may bring an action in the Civil Division of the Superior Court in the county in which the violation has taken place for appropriate injunctive relief or for a declaratory judgment. An action may be brought under this section no later than one year after the meeting at which the alleged violation occurred or to which the alleged violation relates. Except as to cases the court considers of greater importance, proceedings before the Civil Division of the Superior Court, as authorized by this section and appeals therefrom, take precedence on the docket over all cases and shall be assigned for hearing and trial or for argument at the earliest practicable date and expedited in every way.

(d) The court shall assess against a public body found to have violated the requirements of this subchapter reasonable attorney’s fees and other litigation costs reasonably incurred in any case under this subchapter in which the complainant has substantially prevailed, unless the court finds that:

(1)(A) the public body had a reasonable basis in fact and law for its position; and

(B) the public body acted in good faith. In determining whether a public body acted in good faith, the court shall consider, among other factors, whether the public body responded to a notice of an alleged violation of this subchapter in a timely manner under subsection (b) of this section; or

(2) the public body cured the violation in accordance with subsection (b) of this section. (Amended 1979, No. 151 (Adj. Sess.), § 4, eff. April 24, 1980; 1987, No. 256 (Adj. Sess.), § 5; 2013, No. 143 (Adj. Sess.), § 4; 2015, No. 129 (Adj. Sess.), § 2, eff. May 24, 2016; 2017, No. 113 (Adj. Sess.), § 1.)

Under the Vermont Open Meeting Law (1 V.S.A § 314), individuals have the ability to submit notices of violation to public bodies. The process for submitting a violation goes as follows:

1. Identify the Violation
   • Violations may include holding a meeting without proper notice, wrongfully excluding individuals, or conducting unauthorized executive sessions.
2. Submit a Written Notice
   • The notice must specify the violation and request a specific remedy. This notice must be sent to the public body alleged to have committed the violation. The public body must receive the notice before any legal action can be initiated.
3. Public Body Response
   • The public body must publicly respond to the allegations within 10 calendar days of receiving the written notice.
     • If the public body acknowledges the violation, it must state an intention to cure it and follow-up within 14 calendar days to ratify or void the action in question and adopt mesures to prevent future violations.
     • If the public body determines no violation occurred, it must state this publicly within the same 10-day period.
     • Failure to respond within 10 days is treated as a denial.
4. Post-Response Actions
   • If the violation is denied or not adequately cured, the complainant may proceed to court.
5. Legal Actions
   • If unsatisfied with the public body’s response or cure, the complainant can bring the issue to the Civil Division of the Superior Court.
   • This action must be filed within one year of the meeting in question.
   • The court may order appropriate relief, including injunctive measures or declaratory judgments. Successful complainants may also recover reasonable attorney’s fees and litigation costs unless the public body acted in good faith or cured the violation.
   • If the public body does not adequately address the complaint, or if you prefer, you can contact the Vermont Attorney General’s Office for further action.