The ACLU-Vermont has received numerous inquiries about the state’s new prebate/rebate credit system. The inquiries center on whether the credit information printed on homeowners’ property tax bills is public information and must be disclosed upon request.
We believe the information is confidential and must be protected by state and local officials from disclosure.
We’re reached this conclusion based on our analysis of Title 1 of Vermont statutes, which covers access to public records, and on Title 32, which covers the confidentiality of tax records.
Title 32 speaks most directly to the current situation involving prebates/rebates. We believe the language of the statute is very clear in requiring the credit information to be kept confidential – by the Tax Department, as well as by “agents” to whom the Tax Department is required to relay the information.
Officials – state or local – who disclose the information can face serious consequences – a fine of up to $1,000, a jail sentence up to one year, dismissal from office, and disbarment from holding any public office for up to five years.
State officials have been giving town clerks conflicting advice about whether the records must be disclosed. Confusion has resulted. Legislative leaders have tried to sort out the issues.
It could be that the issues won’t be resolved until the courts are asked to rule on the matter. The ACLU, and others, are considering litigation.
Look up Vermont statutes:
-- 1 V.S.A. § 317, “Access to Public Records”
-- 32 V.S.A. § 3102, “Confidentiality of Tax Records”
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