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The Vermont Supreme Court held that the Selectboard properly filled a vacancy on the Selectboard by appointment; it was not required to honor a petition from the voters for a special meeting where the Charter permitted appointment. Town of Brattleboro v. Garfield, 2006 VT 56. As the Court explained:

[The] statutory right to petition for special meetings [pursuant to 17 V.S.A. ß 2643(a)] is subject to the restriction that the business petitioners seek to conduct at that meeting is properly delegated to the votersí authority. Because the charter plainly and unambiguously designates the power to fill a single vacancy only to the selectboard, Brattleboro voters lack the authority to fill a single vacancy and appellantsí petition did not present business proper for a special meeting. Moreover, another statute in Title 17 [V.S.A. section 2631] specifies that where a municipal charter "provides for procedures other than those established by this [local elections] chapter, the provisions of that charter shall prevail.