Vermont S 255: An act relating to captive insurance

Bill Text

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No. 104. An act relating to establishing a pilot Law Enforcement
Governance Council in Windham County.
(S.255)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. DEFINITIONS
As used in this chapter:
(1) “Council” means the Windham County Law Enforcement
Governance Council established pursuant to this chapter.
(2) “Member municipality” means a municipality within Windham
County that has voted to participate in the Council and receive public safety
services pursuant to this chapter.
(3) “Nonmember municipality” means a municipality within Windham
County that has not voted or voted not to participate in the Council.
(4) “Public safety services” means law enforcement, dispatch services,
animal control, and other related services as determined by the Council.
(5) “Sheriff” means the Sheriff of Windham County or designee.
Sec. 2. AUTHORIZATION AND ESTABLISHMENT
(a) Municipalities within Windham County are authorized to establish a
law enforcement governance council for the purpose of providing regional law
enforcement and related services during the pilot period.
(b) The Council shall be established when five or more eligible
municipalities vote to become member municipalities.

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(c) The Council shall be established and associated operations and taxation
shall commence on either July 1, 2026, or the date on which five or more
member municipalities have voted to become member municipalities,
whichever occurs later.
Sec. 3. MEMBERSHIP
(a) A municipality within Windham County may join the Council by
majority vote of the legislative body of the municipality.
(b) Each member municipality shall:
(1) Have one representative, with one vote, on the Council. A member
municipality’s representative shall be a serving selectboard member of that
municipality, to be selected by the municipality’s selectboard.
(2) Receive law enforcement and related services as determined by the
Council.
(3) Pay its proportionate share of costs through the county tax
mechanism.
(c) A member municipality may withdraw from the Council by majority
vote of the legislative body of the municipality, with such withdrawal
becoming effective at the end of the next fiscal year following the vote.
Sec. 4. GOVERNANCE
(a) The Council shall consist of one representative from each member
municipality.

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(b) The Council shall annually elect from its membership a chair, vice
chair, and secretary-treasurer.
(c) The Council shall meet at least quarterly and at such other times as
necessary. A majority of member municipalities shall constitute a quorum.
All meetings shall be warned and conducted in accordance with the Vermont
Open Meeting Law.
(d) The Council shall have the powers and duties to:
(1) adopt bylaws for the operation of the Council;
(2) determine the annual budget for law enforcement and related
services to be provided to member municipalities;
(3) establish the level and scope of services to be delivered to member
municipalities;
(4) develop standards and performance metrics for delivered law
enforcement and related services;
(5) monitor service delivery and evaluate program effectiveness;
(6) submit the approved budget to the Windham County Assistant
Judges for inclusion in the county budget; and
(7) enter into agreements necessary for the provision of services.
Sec. 5. BUDGET AND FINANCING
(a) Annually, the Council shall prepare and approve a budget for law
enforcement and related services for the following fiscal year. The budget
shall specify the total amount needed and the services to be provided. The

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approved budget shall be submitted to the Windham County Assistant Judges
on or before December 1 of each year.
(b) The Assistant Judges shall include the Council’s approved budget as a
separate item in the county budget. The county treasurer shall levy and collect
a special assessment in proportion to each municipality’s population.
Nonmember municipalities shall not be assessed or charged for Council
services. Funds collected shall be segregated and used solely for the purposes
approved by the Council.
(c) The cost to each member municipality shall be determined by applying
the county tax rate necessary to raise the Council’s budget to each member’s
population.
(d) The county treasurer shall maintain separate accounts for Council
funds. The Council shall cause an annual audit to be performed by an
independent certified public accountant. Financial reports shall be provided
quarterly to member municipalities and the Assistant Judges.
Sec. 6. SERVICE DELIVERY
(a) The Windham County Sheriff’s Department shall provide law
enforcement and related services to member municipalities as specified by the
Council.
(b) Pursuant to 24 V.S.A. § 291a, the Council and Sheriff shall enter into
an annual service agreement specifying:

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