HomeMy WebLinkAboutAgenda - City Council - 03/03/2022 - Organizational MeetingAGENDA
SOUTH BURLINGTON CITY COUNCIL South Burlington City Hall 180 Market Street SOUTH BURLINGTON, VERMONT
Participation Options In Person: 180 Market Street - Auditorium - Main Floor Assistive Listening Service Devices Available upon request: Reach out to staff or committee members before meeting begins Electronically: City Council - Organizational Meeting https://meet.goto.com/SouthBurlingtonVT/city-council---organizational-03-03-22 You can also dial in using your phone. +1 (669) 224-3412 Access Code: 192-048-501
Organizational Meeting 6:30 P.M. Thursday, March 03, 2022
1.Pledge of Allegiance (6:30 PM)
2.Instructions on exiting building in case of emergency and review of technology options –Jessie Baker, City Manager (6:31 – 6:32 PM)
3.Agenda Review: Additions, deletions or changes in order of agenda items (6:33 – 6:34 PM)
4.Comments and questions from the public not related to the agenda (6:35 – 6:45 PM)
5. Under § 13-303 of the City's Charter, elect a Council Chair, Vice Chair, and Clerk (City
manager presiding) (6:45 – 7:00 PM)
*** Chair becomes presiding officer after election ***
6.Announcements and City Manager’s Report (7:00 – 7:10 PM)
7.Set dates and time for regular meetings being held March 2021 to February 2022 – JessieBaker, City Manager (7:10 – 7:20 PM)
8.*** Annual appointments (motion to specify length of appointment) to be made by majorityvote of City Council pursuant to City Charter, Chapter 13, Section 301 (2) – Jessie Baker,City Manager (7:20 – 7:30 PM)
9.Designate Official paper of Record (Currently The Other Paper) (7:30 – 7:35 PM)
10.Designate Official Depositories (Currently TD Bank) (7:35 – 7:40PM)
11.Appoint Council Representative to the Pension Advisory Committee (7:40 – 7:50 PM)
12. *** Adopt the City Council Rules of Procedure – Jessie Baker, City Manager (7:50 – 8:00 PM) 13. *** Adopt the Conflict of Interest and Ethical Conduct for Council and Appointed Members – Jessie Baker, City Manager (8:00 – 8:10 PM) 14. Reports from Councilors on Committee assignments (8:10 – 8:20 PM) 15. Other Business (8:20 – 8:30 PM) 16. Adjourn (8:30 PM) Respectfully Submitted:
Jessie Baker City Manager
*** Attachments Included
180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov
To: South Burlington City Council
From: Jessie Baker, City Manager
Date: February 25, 2022
Re: Annual Appointments
1. Appointments to be made by majority vote of City Council Pursuant to City Charter, Chapter 13,
Section 301 (2).
The City Charter, Chapter 13, Section 301 (2) requires that certain appointments be made annually by the City
Council. A list of those appointments and proposed appointees is listed below. All proposed appointees have
agreed to serve for a one year term.
Position Incumbent
City Treasurer Andrew Bolduc
City Attorney Colin McNeil
Zoning Administrator Dalila Hall
Acting Assistant Zoning Administrator Paul Conner
Acting Assistant Zoning Administrator Marla Keene
Acting Assistant Zoning Administrator Betsy Brown
Acting Assistant Zoning Administrator Kelsey Peterson
First Constable Detective Corporal Kevin Grealis
Second Constable Detective Corporal Dan Boyer
Grand Juror Jessie Baker
City Agent & Trustee of Public Funds Jessie Baker
2. Other Appointments
Position Incumbant
Code Enforcement Officer Dalila Hall
Assistant Code Enforcement Officer Paul Conner
Assistant Code Enforcement Officer Marla Keene
Assistant Code Enforcement Officer Betsy Brown
Assistant Code Enforcement Officer Kelsey Peterson
Telecommunications Officer Dalila Hall
Assistant Telecommunications Officer Paul Conner
Assistant Telecommunications Officer Marla Keene
Emergency Management Director Terry Francis
Health Officer (approved via VDH) Terry Francis
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City Council Rules of Procedure
Adopted: March 3, 2022
Article 1: Purpose.
The South Burlington City Council and its appointed Boards, Committees, and Commissions, are
required by law to conduct meetings in accordance with the Vermont Open Meeting Law (1
V.S.A. §§ 310-314.) The authorities of the City Council and City Manager are established in the
South Burlington City Charter (24A V.S.A. Chapter 13.) The City Council must determine its own
rules and order of business under 24A V.S.A. § 13-305.
Article 2: Application.
This policy setting forth rules of procedure shall apply to the South Burlington City Council,
which is referred to below as “the body.” These rules shall apply to all regular, special, and
emergency meetings of the body. While this policy is not directly applicable to Boards,
Committees, and Commissions as appointed by the City Council, such bodies are subject to the
requirements of the Vermont Open Meeting Law, 1 V.S.A. §§ 310-314.
Article 3. Organization of the City Council.
a. Annually the City Council elects a Chair, Vice Chair, and Clerk to preside over City Council
meetings. The Vice Chair shall preside over all meetings where the Chair is absent. If
both the Chair and Vice Chair are absent, a member selected by the body shall act as
chair for that meeting.
b. The Chair shall preserve order in the meeting and shall regulate its proceedings by
applying these rules and making determinations about all questions of order or
procedure. The City Manager will support the Chair in this effort.
c. A majority of the members of the body shall constitute a quorum. If a quorum of the
members of the body is not present at a meeting, no meeting shall take place.
d. No single member of the body shall have authority to represent or act on behalf of the
body unless, by majority vote, the body has delegated such authority for a specific
matter at a duly noticed meeting and such delegation is recorded in the meeting
minutes.
e. Motions made by members of the body do require a second. The Chair or presiding chair
may make motions and may vote on all questions before the body. A motion will only
pass if it receives three or more affirmative votes.
f. There is no limit to the number of times a member of the body may speak to a question.
A member may speak or make a motion only after being recognized by the Chair or
presiding chair. Motions to close or limit debate will be entertained.
g. Any member of the body may request a roll call vote at any time.
h. Members are allowed to attend a meeting electronically. Pursuant to 1 V.S.A. §
312(a)(2), when one or more members attend a meeting electronically, a roll call vote is
required for votes that are not unanimous. While allowed by State Statute or action,
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meetings may take place fully electronically or virtually assuming that the meeting is
properly warned and the electronic access to the meeting is included in the warning.
i. Meetings may be recessed to a time and place certain.
j. These rules may be amended by majority vote of the body, and must be readopted
annually.
Article 4: Council Meeting Agendas.
a. Each regular and special meeting of the body shall have an agenda.
i. Councilors may add discussion or de minimis action items of business to the
agenda at the beginning of the meeting upon vote of the full Council. However,
it is requested that Councilors follow (ii) below.
ii. Councilors, staff, or members of the public who wish to be added to the meeting
agenda shall contact the City Manager and Chair by close of business on a
Wednesday prior to a regular meeting to request inclusion on the agenda.
Requests for agenda items from the public must be put in writing to the
Manager and Chair. The Chair, in consultation with the City Manager, shall
determine the final content of the agenda. If two or more Councilors or, per the
City’s charter, a signed petition of more than 15 members of the public request
an agenda item, the Chair and Manager must add it to the agenda.
iii. The agenda shall indicate the name of the official proposing the item and
estimated time required for the item. This time is an estimate only and not
guaranteed.
iv. Each agenda may contain a “Consent Agenda” section. Items listed on the
Consent Agenda may be voted upon collectively. Examples of such items are the
minutes of prior meetings, disbursements, routine approvals, approval items
from past meetings, and other non-controversial matters. The request of a single
Councilor is sufficient cause to remove an item from the Consent Agenda and
vote on it separately.
v. Each agenda will contain an item on pledge of allegiance, agenda review, public
comment, City Manager updates, and Councilor updates.
vi. If meetings are to be held remotely or virtually, the log-in information for this
meeting shall be included on the agenda.
b. At least 48 hours prior to a regular meeting, and at least 24 hours prior to a special
meeting, a meeting agenda shall be posted at the following designated public places in
the municipality: City Hall/Library, the South Burlington School District, and Healthy
Living. At least 48 hours prior to a regular meeting, and at least 24 hours prior to a
special meeting, a meeting agenda and supporting materials shall be posted on
www.southburlingtonvt.gov. The agenda must also be made available to any person
who requests such agenda prior to the meeting.
c. All business shall be conducted in the same order as it appears on the noticed agenda,
except that any addition to or deletion from the noticed agenda must be made as the
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first act of business at the meeting. No additions to or deletions from the agenda shall be
considered once the first act of business at the meeting has commenced. Any other
adjustment to the noticed agenda (for example, changing the order of business or
postponing or tabling actions) may be made by a majority vote of the body.
Article 5: Council Meetings.
a. Regular meetings shall take place on the first and third Mondays of the month at 6:30
p.m. at the Auditorium at 180 Market Street or remotely/virtually as allowed under State
Statute or action.
b. Special meetings shall be publicly announced 24 hours in advance by giving notice to all
members of the body; to an editor, publisher or news director, or radio station serving
the area; and to any person who has requested notice of such meetings in writing. In
addition, notices shall be posted at City Hall and the following designated places in the
municipality: the South Burlington School District and Healthy Living.
c. Emergency meetings may be held without public announcement, without posting of
notices, and without 24-hour notice to members, provided some public notice thereof is
given as soon as possible before any such meeting. When practicable under the
circumstances, members will be given at least 12 hours’ notice. Emergency meetings may
be held only when necessary to respond to an unforeseen occurrence or condition
requiring immediate attention by the public body.
d. A member of the body may attend a regular, special, or emergency meeting by electronic
or other means without being physically present at a designated meeting location, so
long as the member identifies him or herself when the meeting is convened, and is able
to hear and be heard throughout the meeting. Whenever one or more members attend
electronically, voting that is not unanimous must be done by roll call. While allowed by
State Statute or action, meetings may take place fully electronically or virtually assuming
that the meeting is properly warned and the electronic access to the meeting is included
in the warning.
e. In accordance with 1 V.S.A. § 313, the body may convene in Executive Session as needed.
f. The Council shall follow the most recent version of Robert's Rules of Order when a
particular action or procedure is not addressed by these Rules of Procedure or the City
Charter.
Article 6: Public Participation in Council Meetings.
a. All meetings of the body are meetings in the public, not of the public. Members of the
public shall be afforded a reasonable opportunity to express opinions about matters
considered by the body, so long as order is maintained according to these rules.
b. The Chair or presiding chair can limit the time of the public comment, or the time an
individual is allowed to speak, to ensure the timely work of the body. It is the intention
that at least ten minutes be allocated for public comment at the beginning of each
meeting. This may be expanded if needed.
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c. During each agenda item, the Council will first hear from staff or the official presenting
the item and then have discussion among themselves. At the end of discussion of each
agenda item, but before any action is taken by the public body at each meeting, there
must be time afforded for open public comment.
d. Comment by the public or members of the body must be addressed to the Chair (or
presiding chair) or to the body as a whole, and not to any individual member of the body
or public.
e. Comment by the public must first start with the individual’s name and connection to
South Burlington. No anonymous comments will be accepted. Chat on virtual meeting
platforms will be disabled and not part of the public record.
f. Members of the public must be acknowledged by the Chair or presiding chair before
speaking.
g. If a member of the public has already spoken on a topic, he or she may not be recognized
again until others have first been given the opportunity to comment.
h. Order and decorum shall be observed by all persons present at the meeting. Neither
members of the body, nor members of the public, shall delay or interrupt the
proceedings or the peace of the meeting or interrupt or disturb any member while
speaking. Members of the body and members of the public are prohibited from making
personal, impertinent, or threatening remarks.
i. Members of the body and members of the public shall obey the orders of the Chair or
other presiding member. The Chair or presiding chair should adhere to the following
process to restore order and decorum of a meeting, but may bypass any or all steps
when he or she determines in his or her sole discretion that deviation from the process is
warranted:
i. Call the meeting to order and remind the members of the applicable rules of
procedure.
ii. Declare a recess or table the issue.
iii. Adjourn the meeting until a time and date certain.
iv. Order the constable or police to remove disorderly person(s) from the meeting.
v. If virtual, may remove a participate from the meeting if behavior is disrespectful
or unruly.
Article 7: Constituent Relations. As elected officials, members of the public will look to City
Councilors as a primary point of contact for issues that concern the city or the community. When
talking with constituents, Councilors must avoid speaking on behalf of the Council except to
refer to an action previously adopted. Councilors must refrain from negotiating or giving the
appearance of negotiating on behalf of the city without explicit Council delegation of authority.
The City Manager is responsible for allocating resources, assuring services are provided, and
staff management. Communication about these should be directed to the City Manager.
180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov
Article 8: Electronic Communications and Public Records. All communication by a Councilor
discussing City business is considered public and is subject to Vermont Public Records Act
requests. The Councilors are provided an email address from the City of South Burlington. This
email address should be used for all City business and is the property of the City. All messages
from and to this account must be saved. Email can be used to file a report or schedule a
meeting. All discussion and debate should take place in an open session of the Council.
Article 9: Media Relations. Members of the media may contact Councilors for a quote or for
perspective on an issue facing the City. Councilors may speak on the Council’s behalf only if
authorized to do so by the Council. The Council’s policy perspective is usually publicly
communicated by the Chair or a specific councilor delegated by a vote of the full Council.
Questions and inquiries related to day-to-day operations, personnel, or legal issues should be
directed to the City Manager.
Article 10: City Staff. The City Manager is the primary contact between the Council and City
staff. To the extent that Councilors are reaching out to staff directly for information, the
Manager should be copied on the communication. The Council cannot provide direction to staff.
To the extent that Councilors have general questions, responses will be provided directly to the
Councilor who asked the question. To the extent that Councilors ask questions about history,
for details on operations, or other general implementation questions, this information will be
shared with the full Council.
Article 11: Emergency Response. City staff are charged with responding to and managing the
scene of emergency situations. During emergencies, staff’s foremost concern is managing the
situation and keeping the City and residents safe. In these instances, the Manager will be the
primary contact between City staff and the Council. Should a situation escalate to the point of
requiring an exceptional need for coordinated effort that cannot be managed at the scene, an
Emergency Operations Center (EOC) will open. It may become necessary to convene the Council
in order to address needs or provide for a coordinated information process with residents
and/or media. Should this occur, the Manager will notify the Council.
Article 12: Effective Date. This policy shall become effective immediately upon its adoption by
the South Burlington City Council.
Submitted by:
_______________________ ____________________
Jessie Baker, City Manager Date
Approved by:
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Conflict of Interest and Ethics Policy for Elected and Appointed Officials
Adopted: March 3, 2022
Article 1. Authority. Under the authority granted in 24 V.S.A. § 2291(20) and pursuant to 24
V.S.A. § 1984, the City of South Burlington hereby adopts the following policy concerning
conflicts of interest and ethical conduct.
Article 2. Purpose. The purpose of this policy is to ensure that the business of this municipality
will be conducted in such a way that no public officer of the municipality will gain a personal or
financial advantage from his or her work for the municipality and so that the public trust in its
officers will be preserved. It is also the intent of this policy to ensure that all decisions made by
public officers are based on the best interests of the municipality.
Article 3. Application. This policy applies to all individuals elected or statutorily-appointed to
perform executive, administrative, legislative, or quasi-judicial functions of the City of South
Burlington. This includes City Council members and all appointed committee members or
trustees. As of the date of adoption of this policy, the City’s public bodies are:
City Council
Affordable Housing
Bicycle & Pedestrian
Board of Abatement
Board of Civil Authority (BCA)
City Charter
Common Area for Dogs
Climate Action Task Force
Development Review Board (DRB)
Economic Development
Energy
Housing Trust Fund
Library Board of Trustees
Natural Resources & Conservation
Pension Advisory
Planning Commission
Public Art
Recreation & Parks
Sextons
Article 4. Definitions. For the purposes of this policy, the following definitions shall apply:
A. Conflict of interest means any of the following:
1. A real or seeming incompatibility between a public officer’s private interests and his or
her public or fiduciary interests to the municipality he or she serves. A conflict of interest
arises when there is a direct or indirect personal or financial interest of a public officer or
a person or group closely tied with the officer including his or her spouse, household
member, child, stepchild, parent, grandparent, grandchild, sibling, aunt or uncle, brother-
or sister-in-law, business associate, or employer or employee in the outcome of an
official act or action, or any other matter pending before the officer or before the public
180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov
body in which the public officer holds office. A conflict of interest may take any of the
four following forms:
a. A direct financial conflict of interest arises when a public officer acts on a matter
that has a direct financial impact on that officer.
b. An indirect financial conflict of interest arises when a public officer acts on a
matter that has a financial impact on a person or group closely tied to the officer.
c. A direct personal conflict of interest arises when a public officer acts on a matter
that has a direct impact on the officer in a non-financial way but is of significant
importance to the officer.
d. An indirect personal conflict of interest arises when a public officer acts on a
matter in which the officer’s judgment may be affected because of a familial or
personal relationship or membership in some organization and a desire to help
that person or organization further its own interests.
2. A situation where a public officer has publicly displayed a prejudgment of the merits of a
particular quasi-judicial proceeding. This shall not apply to a member’s particular political
views or general opinion on a given issue.
3. A situation where a public officer has not disclosed ex parte communication(s) related to
a quasi-judicial proceeding that is before the body to which that officer belongs.
A "conflict of interest" does not arise in the case of an official act or action in which the
public officer has a personal or financial interest in the outcome, such as in the
establishment of a tax rate, that is no greater than that of other persons generally affected
by the decision.
B. Emergency means an imminent threat or peril to the public health, safety, or welfare.
C. Ex Parte Communication means direct or indirect communication between a member of a
public body and any party, party’s representative, party’s counsel or any person interested in
the outcome of a quasi-judicial proceeding, that occurs outside the proceeding and concerns
the substance or merits of the proceeding.
D. Official act or action means any legislative, administrative or quasi-judicial act performed by
any public officer while acting on behalf of the municipality. This term does not apply to
ministerial acts or actions wherein no discretionary judgment is exercised.
E. Public body means any board, council, commission, or committee of the municipality.
F. Public interest means an interest of the municipality, conferred generally upon all residents
of the municipality.
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G. Public officer means a person elected or statutorily-appointed to perform executive,
administrative, legislative, or quasi-judicial functions for the municipality. Public officer does
not mean municipal employees covered under the city’s personnel rules and regulations.
H. Quasi-judicial proceeding means 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 opportunities to present evidence and to cross-examine witnesses presented by other
parties, and which results in a written decision, the result of which is appealable by a party to
a higher authority.
Article 5. Prohibited Conduct.
A. A public officer shall not participate in any official act or action if he or she has a conflict of
interest, whether real or perceived, in the matter under consideration.
B. A public officer shall not personally – or through any member of his or her household,
business associate, employer or employee – represent, appear for, or negotiate in a private
capacity on behalf of any person or organization that has an interest in an official act or
action pending before the public body in which the public officer holds office.
C. A public officer shall not accept gifts or other offerings for personal gain by virtue of his or
her public office that are not available to the public in general.
D. A public officer will not request or accept any reward, gift, or favor for taking an official act
or action or advocating for or against an official act or action.
E. A public officer shall not use resources unavailable to the general public – including but not
limited to municipal staff time, equipment, supplies, or facilities – for private gain or
personal purposes.
F. A public officer who is a member of a public body shall not give the impression that he or she
has the authority to make decisions or take actions on behalf of that body.
Article 6. Disclosure. A public officer who, while serving on a public body, may have a conflict of
interest, whether real or perceived, in a matter under consideration by that public body shall,
prior to taking an official act or action or participating in any official act or action on the matter,
publicly disclose at a public meeting or public hearing that he or she has an actual or perceived
conflict of interest in the matter under consideration and disclose the nature of the actual or
perceived conflict of interest. Alternatively, a public officer may request that another public
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officer recuse him or herself from a matter due to a conflict of interest, whether real or
perceived.1
Article 7. Consideration of Recusal. Once there has been a disclosure of an actual or perceived
conflict of interest, other public officers shall be afforded an opportunity to ask questions or
make comments about the situation. If a previously unknown conflict is discovered during a
meeting or hearing conducted by a public body of the municipality, the public body shall take
evidence pertaining to the conflict and, if appropriate, adjourn to an executive session to
address the conflict.
Article 8. Recusal.
A. Recusal of Appointed and Elected Officers. After taking the actions listed in Articles 6 and 7,
a public officer, whether appointed or elected, shall declare whether he or she will recuse
him or herself and explain the basis for that decision. If the public officer has an actual or
perceived conflict of interest but believes that he or she is able to act fairly, objectively, and
in the public interest, in spite of the conflict, he or she shall state why he or she believes that
he or she is able to act in the matter fairly, objectively, and in the public interest.2 Otherwise,
the public officer shall recuse him or herself from the matter under consideration. A public
officer that recuses him or herself may, but not must, explain the basis for that decision.
B. Recusal of Appointed Officers. The failure of an appointed public officer to recuse himself or
herself in spite of a conflict of interest, whether real or perceived, may be grounds for
discipline or removal from office.3
Article 9. Recording. The minutes of the meeting or the written decision / minutes from the
meeting / hearing shall document the actions taken in Articles 6 through 8.
Article 10. Post-Recusal Procedure.
1 Such request shall not be considered an order for the officer to recuse him or herself.
2 Each member of an elected public body is independently elected and answers only to the voters. Therefore,
unless there is a local ordinance or charter provision that states otherwise, the remaining members of the body
may not force recusal. They may only express their opinion about the subject and/or privately or publicly
admonish a fellow member who fails to handle conflicts appropriately.
3 Certain appointed public officers such as members of the Development Review Board may only be removed for
cause and after being afforded with procedural due process protections including notice and a reasonable
opportunity to be heard.
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A. A public officer who has recused himself or herself from participating in an official act or
action by a public body shall not sit with the public body, deliberate with the public body, or
participate in the discussions about that official act or action in any manner in his or her
capacity as a public officer, though such member may still participate as a member of the
public or private party, if applicable.
B. The public body may adjourn the proceedings to a time, date, and place certain if, after a
recusal, it may not be possible to take action through the concurrence of a majority of the
total membership of the public body. The public body may then resume the proceeding with
sufficient members present.
Article 11. Enforcement.
A. Enforcement Against Elected Officers; Consequences for Failure to Follow the Conflict of
Interest Procedures. In cases in which an elected public officer has engaged in any of the
prohibited conduct listed in Article 5, or has not followed the conflict of interest procedures
in Articles 6 through 10, the City of South Burlington City Council may, in its discretion, take
any of the following disciplinary actions against such elected officer as it deems appropriate:
1. The chair of the City of South Burlington City Council may meet informally with the public
officer to discuss the possible conflict of interest violation. This shall not take place in
situations where the chair and the public officer together constitute a quorum of a public
body.
2. The City of South Burlington City Council may meet to discuss the conduct of the public
officer. Executive session may be used for such discussion in accordance with 1 V.S.A. §
313(a)(4). The public officer may request that this meeting occur in public. If appropriate,
the City of South Burlington City Council may admonish the offending public officer in
private.
3. The City of South Burlington City Council may admonish the offending public officer at an
open meeting and reflect this action in the minutes of the meeting. The public officer
shall be given the opportunity to respond to the admonishment.
4. Upon majority vote in an open meeting, the City of South Burlington City Council may
request (but not order) that the offending public officer resign from his or her office.
B. Enforcement Against Appointed Officers. The City of South Burlington City Council may
choose to follow any of the steps articulated in Article 11A. In addition to or in lieu of any of
those steps, the City of South Burlington City Council may choose to remove an appointed
officer from office, subject to state law.
Article 12. Exception. The recusal provisions of Article 8 shall not apply if the City of South
Burlington City Council determines that an emergency exists or that actions of a quasi-judicial
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public body otherwise could not take place. In such a case, a public officer who has reason to
believe he or she has a conflict of interest shall only be required to disclose such conflict as
provided in Article 6.
Article 13. Effective Date. This policy shall become effective immediately upon its adoption by
the City of South Burlington City Council.
_____________________
Date