Board of Civil Authority

Monday, August 12, 2024, 8:15 PM, Contois Auditorium, 149 Church Street, 2nd Floor (because elevator is inoperable, Bushor Conference Room, Ground Floor, is available for ADA Accessibility) Please click the link below to join the webinar: https://zoom.us/j/93996182599 Or Telephone: +1 305 224 1968 US Webinar ID: 939 9618 2599 **CCTV link: https://www.youtube.com/playlist?list=PLljLFn4BZd2PwCge7lNoKug676jIf_iUA ** 1. Agenda Subject 1.1. Motion to adopt agenda Meeting August 12, 2024 - Board of Civil Authority Meeting - Monday, August 12, 2024, 8:15 PM, Contois Auditorium, 149 Church Street, 2nd Floor (because elevator is inoperable, Bushor Conference Room, Ground Floor, is available for ADA Accessibility) Category 1. Agenda Department Council and Board Type Action Procedural Recommended Action Motion to adopt agenda 2. Consent Agenda Subject 2.1. Motion to adopt the consent agenda and take the actions indicated Meeting August 12, 2024 - Board of Civil Authority Meeting - Monday, August 12, 2024, 8:15 PM, Contois Auditorium, 149 Church Street, 2nd Floor (because elevator is inoperable, Bushor Conference Room, Ground Floor, is available for ADA Accessibility) Category 2. Consent Agenda Department Council and Board Type Action (Consent) Procedural Recommended Action Motion to adopt the consent agenda and take the actions indicated Subject 2.2. Resolution: Ratification Of City Clerk's Designation of Pairs Of Representatives To Deliver Ballots Pursuant To 17 V.S.A. 2538; Authority To Make Such Designations For Future Elections (Councilor Bergman) Page 1 of 9  Meeting August 12, 2024 - Board of Civil Authority Meeting - Monday, August 12, 2024, 8:15 PM, Contois Auditorium, 149 Church Street, 2nd Floor (because elevator is inoperable, Bushor Conference Room, Ground Floor, is available for ADA Accessibility) Category 2. Consent Agenda Department Clerk/Treasurer's Office Type Action (Consent) Resolution Recommended Action waive the reading and adopt the resolution 3. Adjournment Subject 3.1. Motion to adjourn Meeting August 12, 2024 - Board of Civil Authority Meeting - Monday, August 12, 2024, 8:15 PM, Contois Auditorium, 149 Church Street, 2nd Floor (because elevator is inoperable, Bushor Conference Room, Ground Floor, is available for ADA Accessibility) Category 3. Adjournment Department Council and Board Type Action Procedural Recommended Action Motion to adjourn Page 2 of 9  Resolution Relating to RESOLUTION________ Sponsor(s): Councilor Bergman Introduced: ____________________ RATIFICATION OF CITY CLERK’S DESIGNATION OF Referred to: ____________________ PAIRS OF REPRESENTATIVES TO DELIVER BALLOTS ______________________________ PURSUANT TO 17 V.S.A. § 2538; AUTHORITY TO MAKE Action: ________________________ SUCH DESIGNATIONS FOR FUTURE ELECTIONS Date: __________________________ Signed by Mayor: ________________ CITY OF BURLINGTON In the year Two Thousand Twenty-Four……………………………………………………………………… Resolved by the Board of Civil Authority of the City of Burlington, as follows: 1 That WHEREAS, 17 V.S.A. § 2538 provides a process for delivery of ballots to persons who are early or 2 absentee voters due to illness, injury, or disability; and 3 WHEREAS, the statute provides that not later than three (3) days prior to the election, the board of 4 civil authority or, upon request of the board, the town clerk, shall designate in pairs justices of the peace in 5 numbers sufficient to deliver the ballots; and 6 WHEREAS, in any pair, neither member shall be a member of the same party as the other member of 7 the pair, and with limited exceptions, a justice of the peace who is also a candidate may not deliver ballots; 8 and 9 WHEREAS, nearly all the City’s justices of the peace are members of the same political party, and the 10 one member who is not is also a candidate, so that the City is unable to designate pairs meeting the statutory 11 requirements; and 12 WHEREAS, the statute provides that in such circumstances the board of civil authority or, upon the 13 board’s request, the town clerk, shall designate legal voters who are not justices of the peace whose names are 14 provided by local party chairs, as well as unaffiliated legal voters on their own application, to form pairs with 15 the justices of the peace to deliver ballots; and 16 WHEREAS, a statewide election will be held on August 13, 2024, and the City Clerk has designated 17 legal voters as prescribed by the statute to assist with the distribution of ballots; and 18 WHEREAS, because the City Clerk was not previously requested by the Board of Civil Authority to 19 designate legal voters to deliver ballots, the City Clerk now desires the Board to ratify the City Clerk’s 20 designations; 21 NOW, THEREFORE, BE IT RESOLVED that the Board of Civil Authority of the City of Burlington 22 ratifies the City Clerk’s designation of legal voters to assist with the distribution of ballots pursuant to 17 23 V.S.A. § 2538, and the lists of pairs of justices of the peace and legal voters so designated, as presented in the 24 staff memorandum, is hereby approved; and Page 3 of 9  Page 2 Resolution Relating to RATIFICATION OF CITY CLERK’S DESIGNATION OF PAIRS OF REPRESENTATIVES TO DELIVER BALLOTS PURSUANT TO 17 V.S.A. § 2538; AUTHORITY TO MAKE SUCH DESIGNATIONS FOR FUTURE ELECTIONS 25 BE IT FURTHER RESOLVED that for future elections, the City Clerk shall be authorized to designate 26 pairs pursuant to 17 V.S.A. § 2538 without further authorization from the Board of Civil Authority. 27 28 29 ER/Resolutions 2024/Ratification of City Clerk’s Designation of Pairs of Representatives to Deliver Ballots Pursuant to 17 V.S.A. § 2538; 30 Authority to Make Such Designations for Future Elections 31 08/12/24 Page 4 of 9  OFFICE OF THE CLERK/TREASURER City of Burlington ________________________________________ City Hall, Room 20, 149 Church Street, Burlington, VT 05401 Voice (802) 865-7000 Fax (802) 865-7014 TTY (802) 865-7142 MEMORANDUM TO: Board of Civil Authority FROM: Sarah Montgomery, Assistant City Clerk CC: Katherine Schad, Chief Administrative Officer Erik Ramakrishnan, Assistant City Attorney DATE: August 12th, 2024 RE: Designation of Pairs of Representatives to Deliver Ballots for the August 13th State Primary Election and Special Ward 3 Election; Authority to Make Such Designations for Future Elections ______________________________________________________________________________ Executive Summary In accordance with 17 V.S.A. § 2538, the City Clerk’s office has designated the following pair to deliver ballots for the August 13th, 2024 elections: Jean Kaeding (I), 35 Cambrian Way Helaine “Lainey” Rappaport (D): 72 Heineberg Road, Apt. #303 Pursuant to state statute, the City Clerk’s office is requesting the authority to make such designations for future elections, without further approval from the Board of Civil Authority. Board of Civil Authority Motion To adopt the resolution as written. Page 5 of 9 Page 6 of 9 Page 7 of 9 Page 8 of 9 Page 9 of 9