Bill to suggest local governance

In the Senate, Sen. Jeanette White, D-Windham, introduced S.106, proposing the same.

Vermont is one of the nine remaining states to operate under Dillon’s Rule, which resulted from a ruling made by Iowa Supreme Court Justice John Forest Dillon in 1868. It required municipalities only operate with the express permission of the legislative body and derive all of their powers from the state.

States that operate under “Home-Rule,” or the Cooley Doctrine, named for Michigan Supreme Court Justice Thomas M. Cooley, are able to enact some laws without going through the process of receiving specific permission from the state, something that communities like West Rutland hope the Legislature will consider.

“It’s an important step,” said West Rutland Town Manager MaryAnn Goulette. “Let the communities pilot self government ... Because we govern ourselves, we should be able to dictate our rules.”

“‘Most states are home rule where a town can do whatever it wants to do,” said Karen Horn, director of public policy and advocacy for the Vermont League of Cities and Towns. “That means municipalities can only do things that the Legislature permits them to do.”

The bills include that any town wishing to participate would put the issue to a public vote at an annual or special meeting, at which the townspeople would decide.

Horn said the legislation would allow for towns to complete small tasks, such as the banning of plastic bags, resolve parking issues and other issues that primarily affect the municipality.

“Up until two years ago, if a town wanted to appoint a town clerk it had to go to legislation to do that,” Horn said.

The model proposed by Rep. Burke and Sen. White is based on of a program implemented in West Virginia, according to Brattleboro Town Manager Peter Elwell, whom Goulette expressed has been instrumental in keeping the topic on the table.

“It was a strong Dillons-Rule state that had allowed a pilot program,” Elwell said. “Initially, in West Virginia, four municipalities were allowed to participate, now there are 34.”

The idea of local governance is of particular importance to Brattleboro because, like Rutland and Burlington, they’re a hub city that triples in population during the day, Burke said.

“We’re trying to make choices about how to spend our money and not drive people away,” Burke said. “We can’t regulate firearms or environmental issues ... it’s a philosophical thing, a pragmatic thing.”

“What we bump into a lot, is the emergence of an issue on a local level,” Elwell said. “We work with local people to resolve it, and we have to go searching for authority on a state level to take action.”

In Brattleboro, the implementation of the plan would allow for the city to remedy their streets, sidewalks and transportation.

“It’s very cumbersome to change parking regulations or speed limits,” Elwell said. “You have to jump through a lot of hoops.”

The plan would also allow for the city to crack down harder on the fees and fines that are owed them, where currently municipalities are restricted in what they’re allowed to charge, Elwell said.

Elwell said they’re also restricted in what they’re allowed to do in terms of property maintenance and the enforcement of local health codes and would allow for the redistribution of the revenue sources, which is 85 percent property taxes.

“Twenty-percent of the property is exempt for hospitals, schools, and nonprofits,” Elwell said. “So only 80 percent of the property is paying 85 percent of the revenue. We want to more evenly distribute the burden.”

Ideally, Elwell said, in the pilot project any revenue source would be approved at town meeting, and they would schedule fees for certain licenses and permits.

“There’s a lot of commercial activity,” Elwell said. “Maybe an additional penny on the gas tax, or additional fees that are non-tax fees — in some states, you have payment in lieu of taxes. ... There are some nonprofits that voluntarily pay fees.”

Elwell said the Brattleboro Select Board adopted a statement of very strong support for this bill, and has put a warning on town meeting that would express the community’s strong support as well.

“There’s lots of wasted energy and resources in trying to procure permission from legislation to complete things on a local level,” Horn said.

katelyn.barcellos @rutlandherald.com