3 V.S.A. § 845 — VT Code / Title 3 / Chapter 25 / Section 845
§ 845. Effect of rules
Status: repealed

(a) Rules shall be valid and binding on persons they affect and shall have the force of law unless amended or revised or unless a court of competent jurisdiction determines otherwise. Except as provided by subsections 842(c) and 844(e) of this title, rules shall be prima facie evidence of the proper interpretation of the matter to which they refer.

(b) No agency shall grant routine waivers of or variances from any provisions of its rules without either amending the rules or providing by rule for a process and specific criteria under which the agency may grant a waiver or variance in writing. The duration of the waiver or variance may be temporary if the rule so provides.

(c) Nothing in this chapter:

(1) allows rules to provide for penalties, fines, or imprisonment not authorized by other law;

(2) enlarges the authority of any agency to impose requirements on any member of the public; or

(3) allows an agency by rule to require permits, licenses, or fees or to define unprofessional conduct unless specifically authorized by other law.

(d) Rules adopted under this chapter shall take effect 15 days after adoption is complete or at a later time provided in the text of the rule or on its adopting page. However, an emergency rule shall take effect upon filing, or at a later time provided in the text of the rule or on its adopting page.

(e) Rules shall remain in effect until:

(1) repealed or modified by subsequent rule;

(2) limited or invalidated by a court; or

(3) repealed or modified by statute.
3 V.S.A. § 206 — VT Code / Title 3 / Chapter 9 / Section 206
§ 206. Rules
Status: in_force

The commissioner or board at the head of each department specified in this chapter is empowered to prescribe and to enforce rules, subject to the approval of the Governor, for the government and administration of such department, the conduct of its employees and the custody, use, and preservation of the records, books, documents, and property pertaining to the administration of the department.
3APPENDIX V.S.A. § 92 — VT Code / Title 3APPENDIX / Chapter 3 / Section 92
§ 3-92. Exec. Order No. 3-92 (No. 01-21) [Creation of the Agency of Public Safety]
Status: in_force

Revoked and rescinded by Addendum to Executive Order No. 01-21, dated April 14, 2021.

ADDENDUM TO EXECUTIVE ORDER NO. 01-21

[Recission of Executive Order]

WHEREAS, the Governor has the power under 3 V.S.A. chapter 41 to alter the organization of the Executive Branch through use of the Executive Order; and

WHEREAS, Governors have used the Executive Order over the years for a variety of purposes, including the creation of certain boards, councils and commissions and the reorganization of the Executive Branch; and

WHEREAS, Executive Order 01-21 (Creation of the Agency of Public Safety), is no longer necessary due to legislative action in this area.

NOW THEREFORE, I, Philip B. Scott, by virtue of the power vested in me as Governor, do hereby revoke and rescind Executive Order 01-21 dated January 14, 2021 (Creation of the Agency of Public Safety).

This Addendum to Executive Order 01-21 shall take effect upon execution.

Dated April 14, 2021.
3 V.S.A. § 811 — VT Code / Title 3 / Chapter 25 / Section 811
§ 811. Examination of evidence by agency
Status: in_force

When in a contested case a majority of the officials of the agency who are to render the final decision have not heard the case or read the record, the decision, if adverse to a party to the proceeding other than the agency itself, shall not be made until a proposal for decision is served upon the parties, and an opportunity is afforded to each party adversely affected to file exceptions and present briefs and oral argument to the officials who are to render the decision. The proposal for decision shall contain a statement of the reasons therefor and of each issue of fact or law necessary to the proposed decision, prepared by the person who conducted the hearing or one who has read the record. The parties by written stipulation may waive compliance with this section.
3 V.S.A. § 2003 — VT Code / Title 3 / Chapter 41 / Section 2003
§ 2003. Transfer of personnel and appropriations
Status: in_force

In effecting any change or modification in the organization of the Executive Branch by executive order, the following limitations and provisions shall apply:

(1) New agencies, departments, and divisions shall be staffed so far as possible by personnel from those agencies, departments, or divisions that are integrated in, consolidated with, or transferred to the new units or whose functions in whole or in part are transferred to those new units. The Governor is authorized to make such transfers under the terms of this chapter.

(2) Upon the transfer of personnel or any function of any agency, department, or any division thereof, the Governor may transfer or reallocate in whole or in part, by executive order, the appropriations affected thereby to the unit of government to which the function or personnel were transferred consistent with the purpose for which the appropriations were made. (1969, No. 245 (Adj. Sess.), § 6(1), (2), eff. April 4, 1970.)
3APPENDIX V.S.A. § 78 — VT Code / Title 3APPENDIX / Chapter 3 / Section 78
§ 3-78. Exec. Order No. 3-78 (No. 03-17) [Governor's Government Modernization and Efficiency Team]
Status: in_force

WHEREAS, Vermonters deserve modern government functions and operations which provide efficient, effective agency, department, and programmatic services now and into the future; and

WHEREAS, a dedicated team of State operational professionals, and private sector business and technology leaders will enable the Governor and extended cabinet members to evaluate both public and private sector experience in successfully implementing modernization changes; and

WHEREAS, continuous improvement will require the empowerment of State supervisors, managers, and employees to contribute to improved program results and process efficiencies.

NOW, THEREFORE BE IT RESOLVED that I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby create the Governor's Government Modernization and Efficiency Team (“GMET”), as follows:

I. Composition and Appointments.

The GMET shall consist of not more than 12 members to be appointed by the Governor from inside and outside of State government. The State members shall include the Governor's Chief Performance Officer who shall serve as the Chair, the Governor's Chief Innovation Officer, the Governor's Director of Affordability and Economic Growth Initiatives, and a classified employee of the State. Non-State members shall include leaders in information technology, telecommunications, accounting and finance, and management and system change. The GMET may, in its discretion, establish inter-agency working groups to support its mission, drawing membership from any agency or department of State government. The GMET may also, in its discretion, consult with private sector professionals outside of the GMET for information and advice on best practices.

The GMET shall receive administrative and staff support from the Secretary of Administration.

II. GMET Charge an Process.

The GMET will be advisory to the Governor and the Secretary of Administration. The GMET shall meet at the call of the Chair, but not less frequently than quarterly. The focus of the GMET shall be to:

A. Facilitate State agency and department efficiency audits;

B. Strengthen strategic information technology (IT) planning;

C. Develop a digital government strategy focused on Vermonters; and

D. Identify and advise on opportunities to:

a. Increase operational efficiency;

b. Consolidate, streamline and automate services;

c. Account for the true costs of IT projects;

d. Eliminate waste;

e. Prevent fraud and abuse; and

f. Develop metrics to be used for purposes of outcomes-based-budgeting process.

The GMET will annually report all recommendations to the Governor on or before July 1.

The GMET will advise the Governor on the effectiveness of this Order on government modernization and efficiency.

III. Effective Date.

This Executive Order shall take effect upon execution.

Dated January 5, 2017
3APPENDIX V.S.A. § 48 — VT Code / Title 3APPENDIX / Chapter 10 / Section 48
§ 10-48. Exec. Order No. 10-48 (No. 04-20) [Promoting and Providing Regulatory Certainty for Recreational Trails]
Status: in_force

WHEREAS, Vermont's landscape of forests, farms and compact downtowns and village centers and their associated outdoor recreation opportunities are major reasons why people visit and live in Vermont; and

WHEREAS, in Vermont, outdoor recreation accounts for 34,000 direct jobs and $2.5 billion in consumer spending; and

WHEREAS, our natural, cultural and physical recreation assets can and should be leveraged to sustain, grow and drive economic development in all sectors of Vermont's economy with particular attention to the segment that includes outdoor recreation industry businesses that are most closely aligned with the State's outdoor recreation brand; and

WHEREAS, those recreation assets must be wisely managed and strengthened, not only to grow the economic development potential of this sector, but to sustain and enhance the value of the Vermont brand, the experience of visitors to Vermont and Vermonters' quality of life; and

WHEREAS, outdoor recreation is critically important to the physical and mental health and wellness of Vermonters especially during the COVID-19 pandemic through exercise in the Vermont environment in a way that promotes our public health objectives; and

WHEREAS, Vermont Natural Resources Board Rule 71(A) clarifies that when a property owner authorizes a trail to be located on their property, and an Act 250 permit is required for that trail system, Act 250 jurisdiction only applies to that trail corridor; and

WHEREAS, the public would benefit from additional clarity with respect to the manner in which recreational trails are regulated through Act 250.

NOW THEREFORE, BE IT RESOLVED, that I, Philip B. Scott, by virtue of the authority vested in me as Governor, and in furtherance of promoting outdoor recreation and the rural economy, do hereby order and direct as follows:

I. The Chair of the NRB shall clarify through guidance or rulemaking:

A. That the jurisdictional trigger for trails enrolled in the Vermont Trail System is the jurisdictional trigger that applies to the construction of improvements for municipal, county, and state purposes in 10 V.S.A. § 6001(3)(A)(v). (Meaning a VTS trail project will require 10 acres or more of actual land disturbance to trigger Act 250 jurisdiction, regardless the size of the parcel(s) the trail may cross).

B. That the involved land for determining jurisdiction over trails enrolled in the Vermont Trail System includes only those portions of any tract or tracts of land to be physically altered or upon which construction of improvements will occur as more fully described in Act 250 Rule 2(C)(5)(b). (Meaning land not used as a part of the VTS trail improvements will not be considered when determining whether a VTS trail project triggers Act 250 jurisdiction).

C. That once Act 250 jurisdiction is triggered, that jurisdiction only extends to the trail corridor and to any area directly or indirectly impacted by the construction, operation, or maintenance of the trail corridor. (Meaning when Act 250 asserts jurisdiction over a VTS trail project, jurisdiction will only apply to the trail corridor and will in no way restrict or encumber lands outside the trail corridor on the parcel(s) the trail may cross).

II. Recommendations for Future Improvements to Recreational Trail Oversight.

On or before March 1, 2021, the Commissioner of Forests, Parks, and Recreation shall make recommendations for an alternative, best-management-practices-driven program for the oversight of planning, construction, use, and maintenance of recreational trails in the Vermont Trails System administered by the Agency of Natural Resources. These recommendations should also provide applicants clarity on how recreational trails can be constructed and operated in a manner that does not result in an undue or adverse impact to the human or natural communities where they are located. The report shall include recommendations for revisions to 10 V.S.A. chapter 20, including revisions to mapping, legislative authority to administer the program, potential funding sources, staffing needs, and whether to include other recreational trails. The recommendations should include any proposed changes to legislation to promote the construction and operation of trails in an environmentally protective manner. The Agency of Natural Resources shall consult with stakeholders including the Vermont Trails and Greenways Council in developing recommendations.

III. Suspension of Proceedings that Address Act 250 Jurisdiction.

Any executive branch litigant or tribunal shall take all reasonable steps to delay a final decision in any proceeding addressing Act 250 jurisdiction until the steps identified in this Executive Order take effect.

IV. Effective Date.

This Executive Order shall take effect upon signing.

Dated October 5, 2020
3APPENDIX V.S.A. § 88 — VT Code / Title 3APPENDIX / Chapter 3 / Section 88
§ 3-88. Exec. Order No. 3-88 (No. 03-19) [Justice Reinvestment II Working Group]
Status: in_force

WHEREAS, Vermont has a history of implementing innovative and effective policy interventions and evidence-based practices and programs to improve public safety and public health outcomes; and

WHEREAS, between 2007 and 2008, the Council of State Governments Justice Center (CSG), worked with Vermont state leaders to analyze Vermont's criminal justice data, interview stakeholders across the criminal justice system, and develop data-driven policy options designed to reduce corrections spending and increase public safety which resulted in 2008 justice reinvestment legislation which improved screening and assessment for behavioral health treatment needs, increased access to community-based substance use treatment programs, focused supervision resources on individuals most likely to reoffend and expanded transitional housing opportunities and job training programs (“Justice Reinvestment I); and

WHEREAS, Justice Reinvestment I successfully reversed upward pressure on the prison population which, in 2007 was projected to increase 23% by 2018, so that it actually fell 7% between Fiscal Year 2007 and Fiscal Year 2015; and

WHEREAS, resources in our criminal justice system must continue to be deployed to combat crimes in our communities, but we must also thoughtfully evaluate whether we are effectively investing in strategies that break the cycle of crime and incarceration; and

WHEREAS, to better identify, analyze, and address challenges in Vermont-particularly those that lie at the intersection of the opioid crisis and criminal justice-Vermont state leaders have elected to form a working group and seek support from the U.S. Department of Justice's Bureau of Justice Assistance and The Pew Charitable Trusts to gather data, evaluate processes and programs, and make recommendations on policies designed to most efficiently allocate resources while keeping the public safe, thus freeing up funds for reinvestment in strategies that improve public safety and public welfare; and

WHEREAS, this working group will bring state leaders, agencies and interested parties from across our criminal justice and behavioral health systems together to use data and best practices to inform policy changes and improvements.

NOW THEREFORE, BE IT RESOLVED, that I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby create the Justice Reinvestment II Working Group, as follows:

I. Composition and Appointments

The Justice Reinvestment II Working Group shall consist of two members of the administration appointed by the Governor, the Defender General, or designee, the Attorney General, or designee, the Executive Director of States Attorneys and Sheriffs, or designee, the Executive Director of Racial Equity, the Commissioner of the Department of Public Safety or designee, the Commissioner of the Department of Corrections or designee, the Commissioner of the Department of Mental Health or designee, the Commissioner of the Department of Health, or a designee with expertise in the public health effects of the opioid crisis in Vermont, a representative from the ACLU of Vermont and a representative from the Vermont Network Against Domestic and Sexual Violence. Further, the Governor shall invite the Speaker of the House to appoint two members of the House and the Senate Committee on Committees to appoint two members from the Senate.

The Governor shall invite the Chief Justice to serve as Chair of the Commission and appoint one other member of the Judiciary.

II. Justice Reinvestment II Working Group Charge and Process

The Justice Reinvestment II Working Group will assess the population trends and programming in the State's corrections system and consider criminal justice reform strategies as part of the Justice Reinvestment II initiative with the overarching goals of promoting safer, healthier communities and reducing costs.

The Justice Reinvestment II Working Group will work with the CSG to conduct a review of programming, transitional services and population trends in Vermont's correctional facilities. The review may include an evaluation of the women's corrections population in Vermont and the programming and services to meet their needs, the detention population and barriers that exist to reducing the corrections population.

The CSG review shall include direct engagement and learning from interested parties statewide, including, but not limited to Vermonters for Criminal Justice Reform, Vermont Crime Victim Services, Vermont branches of the NAACP, Migrant Justice and the Pride Center of Vermont.

All departments, offices, boards and agencies of the State shall provide assistance and cooperation to the Working Group and the CSG which may be necessary to fulfill the purposes of this Executive Order.

On or before December 1, 2019, the Justice Reinvestment II Working Group report on the data collected, options developed and analyzed and recommendations for policy changes.

III. Expense Reimbursement

I hereby authorize per diem compensation and reasonable and necessary expense reimbursement for travel and food for members who are not full-time State employees pursuant to 32 V.S.A. §1010(e).

IV. Effective Date

This Executive Order shall take effect upon execution.

Dated July 9, 2019.
3APPENDIX V.S.A. § 4 — VT Code / Title 3APPENDIX / Chapter 13 / Section 4
§ 13-4. Exec. Order No. 13-4 (No. 01-07) [Vermont Victim/Survivor Crime Council]
Status: in_force

Revoked and rescinded by Executive Order No. 3-50 (codified as Executive Order 10-09), dated December 23, 2009.
3APPENDIX V.S.A. § 12 — VT Code / Title 3APPENDIX / Chapter 20 / Section 12
§ 20-12. Exec. Order No. 20-12 (No. 11-96) [Declaration of State of Emergency for Windham and Windsor Counties]
Status: in_force

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.
3 V.S.A. § 491 — VT Code / Title 3 / Chapter 16 / Section 491
§ 491. Liability of retirement system
Status: in_force

Anything in this subchapter to the contrary notwithstanding, the Vermont State Retirement System shall not be liable for the payment of any pensions or other benefits on account of the employees or beneficiaries of any employer under this subchapter, for which reserves have not been previously created from funds contributed by such employer, or its employees, for such benefits.
3APPENDIX V.S.A. § 54 — VT Code / Title 3APPENDIX / Chapter 29 / Section 54
§ 29-54. Exec. Order No. 29-54 (No. 01-16) [Transfer of Certain Easements in the Town of Middlesex from BGS to VTrans]
Status: in_force

WHEREAS, the Agency of Transportation (“VTrans”) needs to construct Transportation Project Middlesex IM 089-2(41) (“the Transportation Project”), which involves the replacement of Bridge #55 carrying a federal highway known as U.S. Route 2 over Interstate 89 in Middlesex, Vermont, and which affects land under the jurisdiction of the Department of Buildings and General Services (“BGS”); and

WHEREAS, VTrans and BGS desire to complete the transfer of the necessary easements and/or rights from BGS to VTrans.

NOW, THEREFORE, BE IT RESOLVED I, Peter E. Shumlin, by virtue of the power vested in me as Governor of the State of Vermont, do hereby transfer and set over to VTrans jurisdiction and control of certain land and permanent easements of BGS, which are more particularly describes as follows:

Being part of the same land and premises conveyed to the State of Vermont by the Warranty Deed of Jambro Associates, dated July 22, 1988, and recorded in Book 51, Page 577 of the Town of Middlesex Land Records and being more particularly described as:

Being Parcel #2, rights and easements therein, as shown on right of way detail sheet 1 and right of way layout sheets 3-5 of the revised plans of the Transportation Project as filed on the 25th day of March, 2015, in the office of the Clerk of the Town of Middlesex.

In connection with the above parcel, the following easements and/or rights are conveyed:

Temporary easements to enter upon land of the grantor, during the period of construction, to extend highway slopes and embankments in areas of: 563 square feet, more or less; 200 square feet, more or less; and 2,799 square feet, more or less, as shown on the previously mentioned Transportation Project plans.

The State of Vermont may extend the slopes and embankments at such an angle as will hold the material of said slopes in repose against ordinary erosion in accordance with the standard practice of transportation construction. The State of Vermont shall have the right to remove all trees, logs, stumps, protruding roots, brush, duff, and other objectionable materials, structures, growth, and any other things of whatever kind or nature from said slope area.

Temporary easements during the period of construction to enter upon land of the grantor, for construction purposes, including the right to cut and dispose of all trees, down timber, stubs, brush, bushes, and debris, install project demarcation fence and erosion control barriers and to keep the erosion control barriers clear of debris and functioning properly, throughout the construction of the project, as necessary and as noted on the project plans; and undertake general construction functions: in an area of 586 square feet, more or less, right of and between approximate stations 20+42 and 21+88; in an area of 51 square feet, more or less, right of and between approximate stations 21+99 and 22+15; and in an area of 1,255 square feet, more or less, right of approximate stations 25+64 and 29+26.32; all stations are of the established centerline of the Transportation Project.

A permanent easement to discharge water on land of the grantor as such water may hereafter be discharged or flow in an area of 0.52 acre (22,807 square feet), more or less, right of and between approximate stations 21+00.00 and 29+18.55 of the established centerline of the Transportation Project.

A permanent easement to install, construct and maintain a culvert and drainage ditch, in an area of 27 square feet, more or less, right of and between approximate stations 22+00.52 and 22+12.39 of the established centerline of the Transportation Project, and thereby the right to discharge water through said culvert and drainage ditch onto the land of the grantor.

A permanent easement to install, construct and maintain a culvert, including stone fill, in an area of 431 square feet, more or less, right of and between approximate stations 26+6.94 and 26+52.22 of the established centerline of the Transportation Project, and thereby the right to discharge water through said culvert and drainage ditch onto the land of the grantor.

The herein conveyed rights and easements are subject to the terms and conditions of Vermont Operational Stormwater Discharge Permit #7145-INDS, as the same may be amended from time to time.

This Order shall take effect upon signing.

Dated February 9, 2016
3 V.S.A. § 2291 — VT Code / Title 3 / Chapter 45 / Section 2291
§ 2291. State Agency Energy Plan
Status: in_force

(a)(1) When used in this title, “life-cycle costs” shall mean the present value purchase price of an item, plus the replacement cost, plus or minus the salvage value, plus the present value of operation and maintenance costs, plus the energy and environmental externalities' costs or benefits. Where reliable data enables the Department of Buildings and General Services to establish these additional environmental externalities' costs or benefits with respect to a particular purchasing decision or category of purchasing decisions, that is energy related, the Department may recommend the addition or subtraction of an additional price factor. All State agencies shall consider the price factor and environmental considerations set by the Department when examining life-cycle costs for purchasing decisions.

(2) “State facilities,” when used in this chapter, shall mean all State-owned or leased buildings, structures, appurtenances, and grounds.

(3) “State fleet,” as used in this chapter, shall mean passenger vehicles and light duty trucks for use by State employees in the conduct of official duties, excluding law enforcement vehicles assigned to sworn law enforcement officers, and shall be procured by the Commissioner of Buildings and General Services.

(b) It is the general policy of the State of Vermont:

(1) To ensure, to the greatest extent practicable, that State government can meet its energy needs and reduce greenhouse gas emissions in a manner that is adequate, reliable, secure, and sustainable; that ensures affordability and encourages the State's economic vitality, the efficient use of energy resources, and cost-effective demand side management; and that is environmentally sound.

(2) To identify and evaluate, on an ongoing basis, resources that will meet State government energy service, infrastructure, purchasing and supply, and fleet needs in accordance with the principles of least cost integrated planning; including efficiency, conservation and load management alternatives, purchasing preferences, wise use of renewable resources and environmentally sound infrastructure development, energy supply, purchasing practices, and fleet management.

(c) The Secretary of Administration with the cooperation of the Commissioners of Public Service and of Buildings and General Services shall develop and oversee the implementation of a State Agency Energy Plan for State government. The Plan shall be adopted by June 30, 2005, modified as necessary, and readopted by the Secretary on or before January 15, 2010 and each sixth year subsequent to 2010. The Plan shall be consistent with the Comprehensive Energy Plan (CEP) issued under 30 V.S.A. § 202b. The Plan shall accomplish the following objectives and requirements:

(1) To conserve resources, save energy, and reduce pollution. The Plan shall devise strategies to identify to the greatest extent feasible all opportunities for conservation of resources through environmentally and economically sound infrastructure development, purchasing, and fleet management, and investments in renewable energy and energy efficiency available to the State that are cost effective on a life-cycle cost basis.

(2) To consider State policies and operations that affect energy use.

(3) To devise a strategy to implement or acquire all prudent opportunities and investments in as prompt and efficient a manner as possible.

(4) To include appropriate provisions for monitoring resource and energy use and evaluating the impact of measures undertaken.

(5) To identify education, management, and other relevant policy changes that are a part of the implementation strategy.

(6) To devise a strategy to reduce greenhouse gas emissions. The Plan shall include steps to encourage more efficient trip planning, to reduce the average fuel consumption of the State fleet, to encourage alternatives to solo-commuting State employees for commuting and job-related travel, and to incorporate conventional hybrid, plug-in hybrid, and battery electric vehicles into the State fleet if cost-effective on a life-cycle basis.

(7) To provide, where feasible, for the installation of renewable energy systems including solar energy systems, which shall include equipment or building design features, or both, designed to attain the optimal mix of minimizing solar gain in the summer and maximizing solar gain during the winter, as part of the new construction or major renovation of any State building. The cost of implementation and installation will be identified as part of the budget process presented to the General Assembly.

(d) The Department of Buildings and General Services shall coordinate State purchasing decisions, according to procedures developed by the Commissioner in cooperation with the Commissioner of Public Service, to ensure comparisons based on relative life-cycle costs.

(e) The Commissioner of Buildings and General Services shall develop life-cycle cost guidelines for use in all State buildings. These guidelines shall require all new construction and major renovations to meet or exceed the current “Vermont Commercial Building Energy Standards.” Where practicable, the goal shall be attaining an EPA ENERGY STAR® rating of at least 75.

(1) The Department of Buildings and General Services shall develop a State strategy to reduce overall energy consumption in existing and proposed State buildings based on energy consumption levels specified in the energy conservation standard referred to in this subsection. The Plan shall identify, in buildings at variance with the energy standards referred to in this subsection, the cost to bring the building into compliance, and energy cost savings for the remaining useful life of the building.

(2) Each State agency and department, designated by the Secretary of Administration, that constructs or manages State buildings shall, by June 30, 2005, ensure that new construction or major renovation of such structures incorporates those practical energy efficiency measures and energy consuming systems that result in the lowest life-cycle cost. New construction of State buildings shall be highly efficient and shall employ optimal siting and design, given the uses to which the buildings are to be put, with respect to solar gain and temperature control. State buildings shall be shaded and ventilated and their air circulation managed, to the extent practical, instead of being cooled by air conditioning.

(3) In capital requests to the General Assembly, the Commissioner of Buildings and General Services shall include, when appropriate, work plans, budgets, and proposed financing mechanisms to accomplish these reductions in energy use.

(f) The Commissioner of Buildings and General Services shall biennially report to the Secretary of Administration on the State's implementation of this section.
3APPENDIX V.S.A. § 5 — VT Code / Title 3APPENDIX / Chapter 6 / Section 5
§ 6-5. Exec. Order No. 6-5 (No. 03-21) [Governor's Commission on the Future of Vermont Agriculture]
Status: in_force

Signed February 19, 2021; expired by its own terms effective January 1, 2024.
3 V.S.A. § 4001 — VT Code / Title 3 / Chapter 65 / Section 4001
§ 4001. Administrative districts; creation
Status: in_force

The following administrative districts are created, each to consist of the following towns and cities:

(1) District 1: Benson, Brandon, Castleton, Chittenden, Clarendon, Danby, Fair Haven, Hubbardton, Ira, Mendon, Middletown Springs, Mt. Holly, Mt. Tabor, Pawlet, Pittsford, Poultney, Proctor, Rutland City, Rutland Town, Killington, Shrewsbury, Sudbury, Tinmouth, Wallingford, Wells, West Haven, and West Rutland.

(2) District 2: Andover, Athens, Baltimore, Brattleboro, Brookline, Cavendish, Chester, Dover, Dummerston, Grafton, Guilford, Halifax, Jamaica, Londonderry, Ludlow, Marlboro, Newfane, Putney, Reading, Readsboro, Rockingham, Searsburg, Somerset, Springfield, Stratton, Townshend, Vernon, Wardsboro, Weathersfield, West Windsor, Westminster, Weston, Whitingham, Wilmington, Windham, Windsor, and Winhall.

(3) District 3: Barnard, Bethel, Bradford, Braintree, Bridgewater, Brookfield, Chelsea, Corinth, Fairlee, Granville, Hancock, Hartford, Hartland, Newbury, Norwich, Pittsfield, Plymouth, Pomfret, Randolph, Rochester, Royalton, Sharon, Stockbridge, Strafford, Thetford, Topsham, Tunbridge, Vershire, West Fairlee, and Woodstock.

(4) District 4: Addison, Bolton, Bridport, Bristol, Buels Gore, Burlington, Charlotte, Colchester, Cornwall, Essex, Ferrisburg, Goshen, Hinesburg, Huntington, Jericho, Leicester, Lincoln, Middlebury, Milton, Monkton, New Haven, Orwell, Panton, Richmond, Ripton, St. George, Salisbury, Shelburne, Shoreham, South Burlington, Starksboro, Underhill, Vergennes, Waltham, Westford, Waybridge, Whiting, Williston, and Winooski.

(5) District 5: Barre City, Barre Town, Belvidere, Berlin, Cabot, Calais, Cambridge, Duxbury, East Montpelier, Eden, Elmor, Fayston, Hyde Park, Johnson, Marshfield, Middlesex, Montpelier, Moretown, Morristown, Northfield, Orange, Plainfield, Roxbury, Stowe, Waitsfield, Warren, Washington, Waterbury, Waterville, Williamstown, Wolcott, Woodbury, and Worcester.

(6) District 6: Alburg, Bakersfield, Berkshire, Enosburg, Fairfax, Fairfield, Fletcher, Franklin, Georgia, Grand Isle, Highgate, Isle La Motte, Montgomery, North Hero, Richford, St. Albans City, St. Albans Town, Sheldon, South Hero, and Swanton.

(7) District 7: Albany, Averill, Avery's Gore, Barnet, Barton, Bloomfield, Brighton, Brownington, Brunswick, Burke, Canaan, Charleston, Concord, Coventry, Craftsbury, Danville, Derby, East Haven, Ferdinand, Glover, Granby, Greensboro, Groton, Guildhall, Hardwick, Holland, Irasburg, Jay, Kirby, Lemington, Lewis, Lowell, Lunenburg, Lyndon, Maidstone, Morgan, Newark, Newport City, Newport Town, Norton, Peacham, Ryegate, St. Johnsbury, Sheffield, Stannard, Sutton, Troy, Victory, Walden, Warner's Gore, Warner's Grant, Waterford, Westfield, Westmore, and Wheelock.

(8) District 8: Arlington, Bennington, Dorset, Glastenbury, Landgrove, Manchester, Peru, Pownal, Rupert, Sandgate, Shaftsbury, Stamford, Sunderland, and Woodford.
3 V.S.A. § 923 — VT Code / Title 3 / Chapter 27 / Section 923
§ 923. Legal counsel
Status: in_force

The Board may retain an attorney or attorneys qualified in labor law to represent it in all matters under this chapter.
3APPENDIX V.S.A. § 32 — VT Code / Title 3APPENDIX / Chapter 3 / Section 32
§ 3-32. Exec. Order No. 3-32 (No. 01-96A) [Transfer of Certain Positions and Investments from Agency of Transportation to Department of Public Safety]
Status: in_force

Superseded by Executive Order No. 02-03 (codified as Executive Order No. 19-4), dated March 20, 2003.
3APPENDIX V.S.A. § 95 — VT Code / Title 3APPENDIX / Chapter 3 / Section 95
§ 3-95. Exec. Order No. 3-95 (No. 02-22) [Solidarity with the Ukrainian People]
Status: in_force

WHEREAS, on February 24, 2022, the Russian President Vladimir Putin launched an unprovoked, unjustified assault on the peaceful sovereign nation of Ukraine and its people; and

WHEREAS, I join leaders across the nation and around the world in condemning these attacks and express my support for Ukraine and its people, its democracy and its right to self-determination; and

WHEREAS, I know there is little Vermont, 4,500 miles away from Kyiv, can do or say to impact the horror that has been unleashed against the people of Ukraine by the regime in Moscow, but we must be ready to assist, provide humanitarian aid and stand firmly and resolutely with our Allies against this brazen attempt to weaken democracy everywhere; and

WHEREAS, Vermont stands ready to welcome and accept any Ukrainians who need refuge while their nation fights for its freedom; and

WHEREAS, the State cannot permit its purchasing and investment activity to aid Russia as it commits atrocities against the Ukrainian people; and

WHEREAS, the State Treasurer has taken swift action and directed the review of Russian investments and the Vermont Pension Investment Committee is working with investment managers as these holdings are liquidated; and

WHEREAS, Vermont shall take additional actions described in this Executive Order to, among other things, cease the State sale of Russian spirits, cease the State purchase of Russian products, rescind the dormant relationship of the State with a Russian Republic and ask the Legislature to take swift action to appropriate $1.00 per Vermonter to assist with humanitarian aid to Ukraine.

NOW, THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont hereby order as follows:

1. I hereby direct the Commissioner of the Department of Liquor and Lottery (DLL) to:

a. Conduct the due diligence necessary to identify Russian-sourced products (produced or manufactured in Russia as opposed to being Russian themed but produced elsewhere) currently stocked at 802Spirits stores in the State or available by special order (identified as Russian Standard, Green Mark, Hammer & Sickle and Beluga).

b. Immediately cease the sale of Russian-sourced products and products produced by Russian entities (institutions or companies that are headquartered in Russia or have their principal place of business in Russia) from the stock in Vermont802 stores.

c. Immediately cease the purchase of any Russian-sourced products and products produced by Russian entities.

d. Immediately cease delivery of Russian-sourced products and products produced by Russian entities from the DLL warehouse to Vermont802 stores.

2. I hereby direct the Secretary of the Agency of Administration and the Commissioner of the Department of Buildings and General Services (BGS) to review all contracts for the purchase of goods and immediately cease purchases and terminate contracts for the purchase of Russian-sourced goods and goods produced by Russian entities.

3. I further direct the Secretaries and Commissioners of the Executive Branch to review all contracts for the purchase of goods and immediately cease purchases and terminate contracts for the purchase of Russian-sourced goods and goods produced by Russian entities.

4. I ask the Vermont House of Representatives to immediately, upon its convening on March 8, 2022, return H. 679, an act relating to fiscal year 2022 budget adjustments, to the Committee of Conference, for appropriation of (a) $1.00 per Vermonter, or $643,077, and (b) all funds collected by the Department of Liquor and Lottery through sales of Russian-sourced vodka from February 24, 2022 through February 28, 2022, for distribution as agreed by the Emergency Board for humanitarian efforts needed to support the people of Ukraine.

5. I hereby rescind Executive Order 100-91 (codified as Executive Order 09-01), issued by Governor Madeline Kunin on January 7, 1991, which authorizes a sister-state relationship with the Republic of Karelia in Russia (formerly the Karelian Autonomous Soviet Socialist Republic of the Union of Soviet Socialist Republics). And I hereby withdraw Vermont from the Joint Statement of Intentions executed by Governor Kunin and Kuzma F. Filatov, then Chief of Staff to the Kremlin.

This agreement was reached at a time of mutual belief in constructive dialogue and openness following the 1985 summit meeting of President Ronald Reagan and General Secretary Mikael S. Gorbachev but has been dormant for many years. Russian government actions in Ukraine make clear its interest in peace and mutual understanding no longer exists.

Vermont looks forward to a time when true people-to-people cooperation can be restored. Until then the State of Vermont shall not engage in any efforts which confer legitimacy upon Russia's current foreign policy or on a government not freely and democratically elected by the people of Karelia.

6. I further ask the Legislature to rescind J.R.H. 129 adopted by the Legislature in 1990 (R -157. Joint Resolution Relating to Strengthening Ties with the Peoples of Karelia Within the Soviet Union).

7. And I call on any Vermont municipality that has entered into a sister-city/town agreement with a Russian municipality to suspend or terminate such arrangements, until such time as the Russian municipality opposes current Russian policy toward Ukraine and has a government freely and democratically elected by the people of the municipality.

This Executive Order shall take effect upon signing.

Dated March 3, 2022
3APPENDIX V.S.A. § 60 — VT Code / Title 3APPENDIX / Chapter 3 / Section 60
§ 3-60. Exec. Order No. 3-60 (No. 01-14) [Governor's Consumer Advisory Council on Health Care Reform]
Status: in_force

Expired by its own terms, effective July 15, 2015.
3APPENDIX V.S.A. § 2 — VT Code / Title 3APPENDIX / Chapter 20 / Section 2
§ 20-2. Exec. Order No. 20-2 (No. 12-85) [Activation of Vermont National Guard for Assistance of Civilian Authorities in City of Barre]
Status: in_force

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.
3 V.S.A. § 2251 — VT Code / Title 3 / Chapter 45 / Section 2251
§ 2251. Commissioners-Appointment; term
Status: in_force

(a) The Secretary, with the approval of the Governor and with the advice and consent of the Senate, may appoint a commissioner of each department, except the Department of Libraries, who shall be the chief executive and administrative officer and head of the department and shall serve at the pleasure of the Secretary. The term of the Commissioner shall be concurrent with that of the Secretary or Governor.

(b) The State Librarian shall be appointed as provided in 22 V.S.A. § 601.
3 V.S.A. § 333 — VT Code / Title 3 / Chapter 13 / Section 333
§ 333. Human resource recruitment services
Status: in_force

(a) The Commissioner of Human Resources is authorized to develop programs and take measures to increase the quantity of qualified applicants applying for employment by the State.

(b) Appropriate activities include: the placement of advertisements for recruitment of open and continuous recruitment positions, both within and outside the classified service, for all State government entities; listing of positions with governmental and private entities that maintain job listings; and attendance at job and recruitment fairs.

(c) The Commissioner is authorized to charge other governmental entities for the costs associated with furnishing the services described in this section. All fees collected under this section shall be credited to the Human Resource Recruitment Special Fund established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and shall be available to the Department of Human Resources to offset the cost of and enhance the provision of human resource recruitment services.
3APPENDIX V.S.A. § 23 — VT Code / Title 3APPENDIX / Chapter 20 / Section 23
§ 20-23. Exec. Order No. 20-23 (No. 09-99) [Activation of National Guard to Assist in Recovery Operations and Security in Town of Springfield]
Status: in_force

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.
3APPENDIX V.S.A. § 33 — VT Code / Title 3APPENDIX / Chapter 20 / Section 33
§ 20-33. Exec. Order No. 20-33 (No. 02-06) [Vermont Communications Board]
Status: in_force

Superseded and replaced by Executive Order No. 20-35 (codified as Executive Order No. 08-07), dated November 14, 2007.
3APPENDIX V.S.A. § 12 — VT Code / Title 3APPENDIX / Chapter 3 / Section 12
§ 3-12. Exec. Order No. 3-12 (No. 36-87) [Transfer of Certain Positions and Appropriations From Agency of Environmental Conservation, Department of Water Resources to Department of Labor and Industry]
Status: in_force

Revoked and rescinded by Executive Order 06-05 (codified as Executive Order No. 3-46), dated September 13, 2005.
3 V.S.A. § 807 — VT Code / Title 3 / Chapter 25 / Section 807
§ 807. Declaratory judgment on validity or applicability of rules
Status: in_force

The validity or applicability of a rule may be determined in an action for declaratory judgment in the Washington Superior Court if it is alleged that the rule, or its threatened application, interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the plaintiff. The agency shall be made a party to the action. A declaratory judgment may be rendered whether or not the plaintiff has requested the agency to pass upon the validity or applicability of the rule in question.
3 V.S.A. § 525 — VT Code / Title 3 / Chapter 17 / Section 525
§ 525. Vermont Pension Investment Commission; market factor analysis for classified positions
Status: in_force

The Department of Human Resources shall conduct and implement a market factor analysis for all classified positions within the Vermont Pension Investment Commission not later than January 15, 2026, and every three years thereafter. The market factor analysis may:

(1) follow all policies and procedures established by the Department of Human Resources for conducting market factor analyses;

(2) compare total compensation for comparable positions in relevant public labor markets, with particular attention to other public pension investment organizations of similar asset size and investment complexity;

(3) consider the specialized skills, education, certifications, and experience required for investment-related positions;

(4) evaluate recruitment and retention challenges specific to these positions;

(5) recommend appropriate market factor adjustments when warranted by the analysis; and

(6) include an assessment of the fiscal impact of any recommended market factor adjustments.
3APPENDIX V.S.A. § 3 — VT Code / Title 3APPENDIX / Chapter 15 / Section 3
§ 15-3. Exec. Order No. 15-3 (No. 12-98) [Vermont Council on Family Violence]
Status: in_force

Expired by its own terms, effective July 2000.
3 V.S.A. § 137 — VT Code / Title 3 / Chapter 5 / Section 137
§ 137. Uniform process for foreign credential verification
Status: in_force

(a) The Director shall adopt rules that prescribe a process for the Director to assess the equivalence of an applicant's professional credentials earned outside the United States as compared to State licensing requirements for those professions attached to the Office that do not have laws addressing the verification and recognition of such credentials.

(b) Any determination of equivalence by the Director under this section shall be recorded in the applicant's licensing file and shall be binding upon the relevant State board or regulatory program.

(c) In administering this section, the Director may rely upon third-party credential verification services. The cost of such services shall be paid by the applicant.

(d) The provisions relating to preliminary license denials set forth in subsection 129(e) of this subchapter shall apply to a license application that is preliminarily denied for nonequivalence under this section.
3 V.S.A. § 926 — VT Code / Title 3 / Chapter 27 / Section 926
§ 926. Grievances
Status: in_force

(a) The Board shall hear and make a final determination on the grievances of all employees who are eligible to appeal grievances to the Board. Grievance hearings at the Board level shall be conducted in accordance with the rules adopted by the Board. The right to institute grievance proceedings extends to individual employees, groups of employees, and collective bargaining units.

(b) A collective bargaining agreement may provide for binding arbitration as a final step of a grievance procedure, rather than a hearing by the Board. An agreement that includes a binding arbitration provision shall also include the procedure for selecting an arbitrator.

(c) If a collective bargaining agreement provides for binding arbitration as a final step of a grievance procedure, the agreement may also establish:

(1) procedural rules for conducting grievance arbitration proceedings;

(2) whether grievance arbitration proceedings will be confidential; and

(3) whether arbitrated grievance determinations will have precedential value.

(d) An arbitrator chosen or appointed under this section shall have no authority to add to, subtract from, or modify the collective bargaining agreement.

(e) Any collective bargaining agreement that contains a binding arbitration provision pursuant to this section shall include an acknowledgement of arbitration that provides substantially the following:

ACKNOWLEDGEMENT OF ARBITRATION

(The parties) understand that this agreement contains a provision for binding arbitration as a final step of the grievance process. After the effective date of this agreement, no grievance, submitted to binding arbitration, may be brought to the Vermont Labor Relations Board. An employee who has declined representation by the employee organization or whom the employee organization has declined to represent or is unable to represent shall be entitled, either by representing himself or herself or with the assistance of independent legal counsel, to appeal his or her grievance to the Vermont Labor Relations Board as the final step of the grievance process in accordance with the rules adopted by the Board.

(f) This section shall not apply to labor interest arbitration, which as used in this chapter means the method of concluding labor negotiations by means of a disinterested person to determine the terms of a labor agreement.

(g) A party may apply to the arbitrator for a modification of an award if the application is made within 30 days after delivery of a copy of the award to the applicant. An arbitrator may modify an award only if the arbitrator finds any one of the following:

(1) There was an evident miscalculation of figures or an evident mistake in the description of any person, thing, or property referred to in the award.

(2) The award was based on a matter not submitted to the arbitrator, and the award may be corrected without affecting the merits of the decision on the issues submitted.

(3) The award was imperfect in form and the award may be corrected without affecting the merits of the controversy.

(h) A party may apply to the Civil Division of the Superior Court for review of the award, provided the application is made within 30 days after delivery of a copy of the award to the applicant or, in the case of a claim of corruption, fraud, or other undue means, the application is made within 30 days after those grounds are known or should have been known. The Civil Division of the Superior Court shall vacate an arbitration award based on any of the following:

(1) The award was procured by corruption, fraud, or other undue means.

(2) There was partiality or prejudicial misconduct by the arbitrator.

(3) The arbitrator exceeded his or her power or rendered an award requiring a person to commit an act or engage in conduct prohibited by law.

(i) The Board shall hear and make a final determination on the grievances of all retired individual employees of the University of Vermont, groups of such retired individuals, and retired collective bargaining unit members of the University of Vermont. Grievances shall be limited to those relating to compensation and benefits that were accrued during active employment but are received after retirement. As used in this subsection, “grievance” means an allegation of a violation of a collective bargaining agreement, employee handbook provision, early retirement plan, individual separation agreement or other documented agreement, or rule of the University of Vermont.
3APPENDIX V.S.A. § 6 — VT Code / Title 3APPENDIX / Chapter 22 / Section 6
§ 22-6. Exec. Order No. 22-6 (No. 07-10) [Vermont Civil War Sesquicentennial Commission]
Status: in_force

WHEREAS, the American Civil War was a defining moment in our nation's history as the Union was preserved and slavery abolished; and

WHEREAS, the sesquicentennial of the War will be observed from 2011 to 2015; and

WHEREAS, Vermont, the first state to outlaw slavery, played an important role in the abolition movement, opposed and legislated against the Fugitive Slave Act, and provided numerous stops on the Underground Railroad; and

WHEREAS, the bravery of Vermonters on the battlefield is well documented, including the First Vermont Brigade which saw action in nearly every major eastern battle; the Second Vermont Brigade which broke the right flank of Pickett's Charge at Gettysburg; the Battle of Cedar Creek, memorialized in the State House painting, in which more Vermont units were involved than in any other battle; and the Vermont-led attack that broke Confederate lines at Petersburg; and

WHEREAS, the Confederate raid on St. Albans was the northernmost land action of the War, Vermont manufacturers provided large quantities of war material, including rifle-muskets, gun-making machinery, and wool for uniforms, and women worked tirelessly to provide the Vermont soldiers with necessary items at the front and in hospitals; and

WHEREAS, Vermont's Civil War story extends beyond the battlefields, to include places, sites and stories throughout the state that are vital to understanding the causes, consequences, and the human experience of the war, and its larger meaning in the context of freedom, civil rights, and national unity; and

WHEREAS, educational opportunities will be available for residents and visitors to explore and celebrate Vermont's rich Civil War resources, including many of the state's most significant historic sites, village centers, and landscapes associated with the Underground Railroad and resistance to slavery, citizen mobilization, and profound social, economic, and demographic impact on Vermonters, soldiers and civilians alike, to provide a deep insight into the war's causes, conduct, and long-term effects, and Vermonters will be given an opportunity to gather and share their community and individual discoveries of local Civil War history.

NOW, THEREFORE, I, James H. Douglas, by virtue of the authority vested in me as Governor, do hereby order as follows:

1. The Vermont Civil War Sesquicentennial Commission is hereby established to plan, coordinate and promote events and programs that will be held in Vermont in commemoration of the 150th anniversary of the American Civil War. The Commission may sanction events to be included as part of the official statewide commemoration of the Sesquicentennial Anniversary of the Civil War.

2. The Vermont Civil War Sesquicentennial Commission shall be comprised of not more than 14 members to include: the Commissioner of the Vermont Department of Tourism and Marketing; the State Historic Preservation Officer; a representative of the Vermont Historical Society and a representative of the Vermont Humanities Council appointed by their respective governing Boards; and a representative from the University of Vermont appointed by the UVM President. Nine members shall be appointed by the Governor and shall include a Civil War historian, a member of a Civil War reenactment group, and a representative of a Vermont history museum. The Governor shall appoint a Chair from the membership to serve at the pleasure of the Governor. The Commission shall meet at the call of the Chair and at least quarterly.

3. The Commission shall coordinate, review and promote programs and activities throughout the state relating to the American Civil War, in particular Vermont's involvement therein, to deepen the knowledge and understanding of this turning point in American history and how it has shaped and continues to shape who we are as a people, a state and a nation.

4. The Commission may create a nonprofit entity for the purposes of soliciting and accepting private donations and public funds, grants and donations in order to carry out its purposes. No funds may be disbursed unless recommended by a majority of the Commission and finally approved by the Chair.

This Executive Order shall expire on December 31, 2015.

Dated August 11, 2010.
3 V.S.A. § 5021 — VT Code / Title 3 / Chapter 69 / Section 5021
§ 5021. Definition
Status: in_force

As used in this chapter, “artificial intelligence systems” means systems capable of perceiving an environment through data acquisition and then processing and interpreting the derived information to take an action or actions or to imitate intelligent behavior given a specific goal. An artificial intelligence system can also learn and adapt its behavior by analyzing how the environment is affected by prior actions.
3 V.S.A. § 215 — VT Code / Title 3 / Chapter 9 / Section 215
§ 215. Commissioner, member of councils
Status: in_force

The Commissioner of each department shall be ex officio a member of all councils within the department. However, he or she shall not vote unless otherwise provided by law and shall not participate as a member of a council in matters involving the quasi-judicial functions of the council relative to administrative decisions of the department except as otherwise provided by law. The Commissioner or his or her representative shall attend all meetings of the councils within the department.
3 V.S.A. § 1008 — VT Code / Title 3 / Chapter 27 / Section 1008
§ 1008. Contract ratification; annual vote
Status: in_force

Annually, the employees of the bargaining unit shall meet and discuss whether employees who have chosen not to join the employee organization shall be allowed to vote on the ratification of any collective bargaining agreement entered into pursuant to this chapter. After discussion, employees that are members of the employee organization shall vote on whether to allow employees who have chosen not to join the employee organization to vote on the ratification of any collective bargaining agreement.
3APPENDIX V.S.A. § 30 — VT Code / Title 3APPENDIX / Chapter 20 / Section 30
§ 20-30. Exec. Order No. 20-30 (No. 08-03) [Governor's Veterans Advisory Council]
Status: in_force

Superseded and replaced by Executive Order No. 20-54 (codified as Executive Order No. 17-17), dated October 3, 2017.
3APPENDIX V.S.A. § 20 — VT Code / Title 3APPENDIX / Chapter 33 / Section 20
§ 33-20. Exec. Order No. 33-20 (No. 08-10) [Drug Utilization Review Board]
Status: in_force

Superseded and replaced by Executive Order No. 33-26 (codified as Executive Order No. 07-19), dated September 5, 2019.
3APPENDIX V.S.A. § 9 — VT Code / Title 3APPENDIX / Chapter 21 / Section 9
§ 21-9. Exec. Order No. 21-9 (No. 08-12) [Governor's Task Force on Employee Misclassification]
Status: in_force

WHEREAS, Vermont law provides that all workers are considered employees unless a worker is lawfully exempt as an “independent contractor,” and

WHEREAS, when an employee is misclassified as an independent contractor, the employer potentially violates numerous laws, and

WHEREAS, the misclassification of employees harms Vermont workers by depriving them of important legal rights, harms Vermont taxpayers and the State's economy through the loss of state and federal payroll taxes, and harms employers who abide by the law by enabling non-compliant business to gain an unfair advantage, and

WHEREAS, Vermont's laws regarding misclassification must be aggressively enforced in a coordinated, timely, and consistent manner by all agencies and departments.

NOW THEREFORE, BE IT RESOLVED that I, Peter Shumlin, by virtue of the authority vested in me as Governor of the State of Vermont, do hereby create the “Governor's Task Force on Employee Misclassification” as set forth below.

I. Composition, Appointments, and Process.

The Task Force shall consist of the following members:

— The Secretary of Administration or designee

— The Commissioner of Labor or designee

— The Commissioner of Financial Regulation or designee

— The Commissioner of Taxes or designee

— The Commissioner of Buildings and General Services or designee

— The Secretary of Transportation or designee

— The Secretary of Human Services or designee

— The Secretary of Commerce or designee

— The Commissioner of Liquor Control or designee

The Task Force may also request the participation of other state officials, including the Attorney General or designee and the Secretary of State or designee.

The Commissioner of Labor or his or her designee shall chair the Task Force. The Task Force may elect a deputy chair. The Department of Labor shall provide administrative support. The Task Force shall meet every two months at the call of the Chair or deputy chair.

II. Charge.

The Task Force is charged with combating the practice of employee misclassification and shall report its findings to the Governor on January 15 of each year.

The Task Force shall:

A. Examine and evaluate existing misclassification enforcement by agencies and departments;

B. Develop and implement a campaign to educate and inform employers, workers, and the general public about misclassification;

C. Coordinate review of existing law and other methods to improve monitoring and enforcement of misclassification;

D. Review and establish reasonable mechanisms to accept complaints and reports of non-compliance;

E. Review templates for state contracts and grants and monitor systems to ensure compliance by contractors and grant recipients;

F. Identify barriers to information sharing and recommend statutory changes where necessary;

G. Work collaboratively with businesses, labor, and other interested stakeholders in the effort to reduce employee misclassification;

H. Ensure that agencies and departments are engaged in timely enforcement and that any penalties and debarment periods are posted to a publicly available website in a timely manner, where permitted by law. Additional methods of public notice and information sharing shall be reviewed and recommended by the Task Force.

I. Engage in other activities as deemed necessary and appropriate by the Task Force, as permitted by law.

All agencies and departments shall cooperate with the Task Force and furnish information in a timely fashion. The Task Force is authorized to receive monetary and other assistance in furtherance of its duties upon approval of the Governor in accordance with law. The Department of Labor shall be the fiscal recipient of any such funds.

III. Effective Date.

This Executive Order shall take effect upon signing and shall continue in full force and effect until further order by the Governor.

Dated September 8, 2012.
3APPENDIX V.S.A. § 12 — VT Code / Title 3APPENDIX / Chapter 18 / Section 12
§ 18-12. Exec. Order No. 18-12 (No. 06-99) [State Program Standing Committee]
Status: in_force

WHEREAS, the Department of Developmental and Mental Health Services (DDMHS) promulgated regulations that require DDMHS to establish a State Program Standing Committee for each population receiving funding from DDMHS; and

WHEREAS, each State Program Standing Committee has specific responsibilities for monitoring and evaluating the service system as well as for planning and decision-making with regard to DDMHS policy; and

WHEREAS, these Standing Committees share many of the responsibilities of the current seven-member Board of Mental Health; and

WHEREAS, on November 7, 1998, the Board of Mental Health approved a motion to advise the Commissioner of Developmental and Mental Health Services to disband the Board of Mental Health.

NOW, THEREFORE, BE IT RESOLVED THAT I, Howard Dean, M.D., by the power vested in me as Governor of the State of Vermont, to hereby rescind Executive Order #73A-89, dated March 13, 1989.

The State Program Standing Committees will assume the functions of the Planning Council referred to in Executive Order #73A-89. Current members of the Board of Mental Health will be offered slots on the new State Program Standing Committees.

Dated June 11, 1999.
3 V.S.A. § 6007 — VT Code / Title 3 / Chapter 72 / Section 6007
§ 6007. Environmental justice mapping tool
Status: in_force

(a) The Agency of Natural Resources shall create and maintain the State environmental justice mapping tool. The Agency, in consultation with the Environmental Justice Advisory Council and the Interagency Environmental Justice Committee, shall determine indices and criteria to be included in the State mapping tool to depict environmental justice focus populations and measure environmental burdens at the smallest geographic level practicable.

(b) The Agency of Natural Resources may cooperate and contract with other states or private organizations when developing the mapping tool. The mapping tool may incorporate federal environmental justice mapping tools, such as EJSCREEN, as well as existing State mapping tools such as the Vermont Social Vulnerability Index.

(c) On or before January 1, 2027, the mapping tool shall be available for use by the public as well as by the State government.
3APPENDIX V.S.A. § 22 — VT Code / Title 3APPENDIX / Chapter 33 / Section 22
§ 33-22. Exec. Order No. 33-22 (No. 08-11) [Vermont Housing Council]
Status: in_force

Superseded and replaced by Executive Order No. 33-27 (codified as Executive Order No. 01-23), dated May 10, 2023.
3APPENDIX V.S.A. § 7 — VT Code / Title 3APPENDIX / Chapter 18 / Section 7
§ 18-7. Exec. Order No. 18-7 (No. 03-93) [Drug Utilization Review Board]
Status: in_force

Superseded and replaced by Executive Order 08-10 (codified as Executive Order No. 33-20), dated September 8, 2010.
3 V.S.A. § 2281 — VT Code / Title 3 / Chapter 45 / Section 2281
§ 2281. Department of Finance and Management
Status: repealed

The Department of Finance and Management is created in the Agency of Administration and is charged with all powers and duties assigned to it by law, including the following:

(1) To administer the financial transactions of the State, including payroll transactions, in accordance with the law and within the limits of appropriations made by the General Assembly.

(2) To conduct management studies and audits of the performance of State government.

(3) To prepare the Executive budget.

(4) To report on an annual basis to the Joint Fiscal Committee at its November meetings on the allocation of funds contained in the annual pay acts and the allocation of funds in the annual appropriations act that relate to those annual pay acts. The report shall include the formula for computing these funds, the basis for the formula, and the distribution of the different funding sources among State agencies. The report shall also be submitted to the members of the House Committees on Appropriations and on Government Operations and Military Affairs and the Senate Committees on Appropriations and on Government Operations. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subdivision.

(5) [Repealed.]
3APPENDIX V.S.A. § 11 — VT Code / Title 3APPENDIX / Chapter 20 / Section 11
§ 20-11. Exec. Order No. 20-11 (No. 08-96) [Declaration of State of Emergency and Activation of Emergency Disaster Preparedness Plan for State of Vermont]
Status: in_force

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.
3APPENDIX V.S.A. § 14 — VT Code / Title 3APPENDIX / Chapter 20 / Section 14
§ 20-14. Exec. Order No. 20-14 (No. 01-97) [Declaration of State of Emergency for Franklin, Lamoille, and Orleans Counties]
Status: in_force

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.
3 V.S.A. § 941 — VT Code / Title 3 / Chapter 27 / Section 941
§ 941. Unit determination, certification, and representation
Status: repealed

(a) The Board shall determine issues of unit determination, certification, and representation in accordance with this chapter.

(b) No bargaining unit or collective bargaining representative shall be recognized by the employer until the Board has determined the appropriate unit to be represented and has formally certified its determination.

(c)(1) A petition may be filed with the Board, in accordance with procedures prescribed by the Board by an employee or group of employees, or any individual or employee organization purporting to act on their behalf, alleging by filing a petition or petitions bearing signatures of not less than 30 percent of the employees that they wish to form a bargaining unit and be represented for collective bargaining, or that the individual or employee organization currently certified as the bargaining agent is no longer supported by at least 51 percent of the employees in the bargaining unit, or that they are now included in an approved bargaining unit and wish to form a separate bargaining unit under Board criteria for purposes of collective bargaining. The employee, group of employees, individual, or employee organization that files the petition shall, at the same time that the petition is filed with the Board, provide a copy of the petition to the employer and, if appropriate, the current bargaining agent.

(2)(A)(i) An employer shall, not more than seven business days after receiving a copy of the petition, file any objections to the appropriateness of the proposed bargaining unit and raise any other unit determination issues with the Board and provide a copy of the filing to the employee, group of employees, individual, or employee organization that filed the petition.

(ii) A hearing shall be held before the Board pursuant to subdivision (d)(2) of this section in the event the employer challenges the appropriateness of the proposed bargaining unit, provided that a hearing shall not be held if the parties stipulate to the composition of the appropriate bargaining unit and resolve any other unit determination issues before the hearing.

(iii) The Board may endeavor to informally mediate any dispute regarding the appropriateness of the proposed bargaining unit prior to the hearing.

(B)(i) Within five business days after receiving a copy of the petition, the employer shall file with the Board and the employee or group of employees, or the individual or employee organization purporting to act on their behalf, a list of the names and job titles of the employees in the proposed bargaining unit. To the extent possible, the list of employees shall be in alphabetical order by last name and provided in electronic format.

(ii) An employee or group of employees, or any person purporting to act on their behalf, that is seeking to demonstrate that the current bargaining agent is no longer supported by at least 51 percent of the employees in the bargaining unit shall not be entitled to obtain a list of the employees in the bargaining unit from the employer pursuant to this subdivision (c)(2)(B), but may obtain a list pursuant to subdivision (e)(3) of this section after the Board has investigated its petition and determined that a secret ballot election shall be conducted.

(iii) The list shall be kept confidential and shall be exempt from copying and inspection under the Public Records Act.

(d) The Board, a Board member, or a person or persons designated by the Board shall investigate the petition and do one of the following:

(1) Determine that the petition has made a sufficient showing of interest pursuant to subdivision (c)(1) of this section.

(2)(A) If it finds reasonable cause to believe that a question of unit determination or representation exists, the Board shall schedule a hearing to be held before the Board not more than ten business days after the petition was filed with the Board.

(B) Once scheduled, the date of the hearing shall not be subject to change except as provided pursuant to subdivision (e)(4) of this section.

(C) Hearing procedure and notification of the results of the hearing shall be in accordance with rules adopted by the Board, except that the parties shall only be permitted to submit posthearing briefs within not more than five business days after the hearing if the parties mutually agree to do so or if the Board requests that the parties submit posthearing briefs.

(D) The Board shall issue its decision as soon as practicable and, in any event, not more than five business days after the hearing or the submission of any posthearing briefs.

(3) If the Board finds an absence of substantive evidence, it shall dismiss the petition.

(e)(1) Whenever, on the basis of a petition pursuant to subdivision (d)(1) of this section or a hearing pursuant to subdivision (d)(2) of this section, the Board finds substantial interest among employees in forming a bargaining unit or being represented for purposes of collective bargaining, a secret ballot election shall be conducted by the Board not more than 23 business days after the petition is filed with the Board except as otherwise provided pursuant to subdivision (4) of this subsection and subdivision (g)(4) of this section.

(2) The election shall be conducted so that it shows separately the wishes of the employees in the voting group involved as to the determination of the collective bargaining unit, including the right not to be organized. The collective bargaining unit or collective bargaining representative shall be recognized and certified by the Board upon a majority vote of the employees voting.

(3)(A) The employer shall file with the Board and the other parties a list of the employees in the bargaining unit within two business days after the Board determines that a secret ballot election shall be conducted.

(B) The list shall include, as appropriate, each employee's name, work location, shift, job classification, and contact information. As used in this subdivision (3), “contact information” includes an employee's home address, personal email address, and home and personal cellular telephone numbers to the extent that the employer is in possession of such information.

(C) To the extent possible, the list of employees shall be in alphabetical order by last name and provided in electronic format.

(D) The list shall be:

(i) kept confidential by the Board and all of the parties; and

(ii) shall be exempt from copying and inspection under the Public Records Act.

(E) Failure to file the list within the time required pursuant to subdivision (A) of this subdivision (3) may be grounds for the Board to set aside the results of the election if an objection is filed within the time required pursuant to the Board's rules.

(4) The Board may, upon the request of any party or on its own motion, extend any time period set forth in this subsection or in subsections (c) and (d) of this section for good cause, provided that the election shall be conducted, or, in the event of a mail ballot election, that ballots are mailed to the employees, within not more than 60 calendar days after the date the petition is filed pursuant to subsection (c) of this section. The Board may further extend the time to conduct the election by not more than 30 additional calendar days upon the mutual agreement of the parties or if it determines that extraordinary circumstances have made such an extension necessary.

(f) In determining the appropriateness of a collective bargaining unit, the Board shall take into consideration but not be limited to the following criteria:

(1) The authority of governmental officials at the unit level to take positive action on matters subject to negotiation.

(2) The similarity or divergence of the interests, needs, and general conditions of employment of the employees to be represented. The Board may, in its discretion, require that a separate vote be taken among any particular class or type of employees within a proposed unit to determine specifically if the class or type wishes to be included.

(3) Whether over-fragmentation of units among State employees will result from certification to a degree that is likely to produce an adverse effect either on effective representation of State employees generally, or upon the efficient operation of State government.

(g)(1) In determining the representation of State employees in a collective bargaining unit, the Board shall conduct a secret ballot of the employees within the time period set forth in subdivision (e)(1) of this section, unless the time to conduct the election is extended pursuant to subdivision (e)(4) of this section, and certify the results to the interested parties and to the State employer. The original ballot shall be so prepared as to permit a vote against representation by anyone named on the ballot. No representative will be certified with less than a majority of the votes cast by employees in the bargaining unit.

(2) If in such election none of the choices receive a majority of the votes cast, a runoff election shall be conducted, the ballot providing for a selection between two choices receiving the largest and second largest number of valid votes cast in the original election.

(3) The Board's certification of the results of any election shall be conclusive as to findings unless reviewed under proceedings instituted for the prevention of prohibited practices in section 965 of this title.

(4)(A) Notwithstanding any other provision of this subsection (g), if the Board determines that a petition to be represented for collective bargaining filed pursuant to subsection (c) of this section, which identifies a proposed exclusive representative of the employees in the bargaining unit, bears the signatures of at least 50 percent plus one of the employees in a bargaining unit deemed appropriate by the Board pursuant to this section, the Board shall certify the person or labor organization as the exclusive representative of the bargaining unit.

(B) Certification of a collective bargaining representative shall only be available pursuant to this subdivision (g)(4) when no other person or labor organization is currently certified or recognized as the exclusive representative of the employees in the bargaining unit.

(h) A representative chosen for the purposes of collective bargaining by a majority of the votes cast by secret ballot or certified pursuant to subdivision (g)(4) of this section shall be the exclusive representative of all the employees in the bargaining unit for a minimum of one year. The representative shall be eligible for reelection or for recertification pursuant to subdivision (g)(4) of this section.

(i) The Board, by rule, shall prescribe a uniform procedure for the resolution of employee grievances submitted through the collective bargaining machinery. If the collective bargaining agreement does not provide that binding arbitration will be the final step of the negotiated grievance procedure pursuant to section 926 of this chapter, the final step of the negotiated grievance procedure, if required, shall be a hearing and final determination by the Board. Grievance hearings conducted by the Board shall be informal and not subject to the rules of pleading procedure, and evidence of the courts of the State. Any employee or group of employees included in a duly certified bargaining unit may be represented before the Board by its bargaining representative's counsel or designated executive staff employees or by any individual the Board may permit at its discretion.

(j) Any individual employee or group of employees shall have the right at any time to present complaints to their employer informally, and to have such complaints considered in good faith with or without the intervention of the bargaining representative. Adjustments shall not be inconsistent with the terms of a collective bargaining contract or agreement then in effect. All such complaints shall be considered and a decision formulated and the complainant informed thereof within 15 days of presentment.

(k) Nothing in this chapter requires an individual to seek the assistance of his or her collective bargaining unit or its representative(s) in any grievance proceeding. He or she may represent himself or herself or be represented by counsel of his or her own choice or may avail himself or herself of the unit representative in grievance proceedings.

(l) [Repealed.]
3APPENDIX V.S.A. § 46 — VT Code / Title 3APPENDIX / Chapter 10 / Section 46
§ 10-46. Exec. Order No. 10-46 (No. 02-19) [Interagency Committee on Chemical Management; Process for Review of Chemical Recordkeeping and Reporting Requirements]
Status: in_force

WHEREAS, Vermonters may be exposed to harmful chemicals in drinking water, food supplies, outdoor and indoor air, and in consumer products; and

WHEREAS, the State does not have sufficient information-use, volume, location and toxicity, and potential risks -about chemicals present in the State; and

WHEREAS, sufficient information about chemicals present in the State is critical to the State's ability to effectively respond to emergencies and threats to human health posed by harmful chemicals; ensure the safety of first responders; prioritize limited resources to address those chemicals that pose the greatest risk to Vermonters; assist Vermont businesses with compliance with federal and State laws related to chemical reporting and management requirements; and provide information to citizens about chemical use in the State; and

WHEREAS, Executive Order 13-17 of 2017 (2017 Order) established the Interagency Committee on Chemical Management (Committee) to evaluate chemical inventories in the State on an annual basis to identify potential risks to human health and the environment from regulated and unregulated chemicals in the State; and

WHEREAS, the 2017 Order requires the Committee to make recommendations to the Governor as to any necessary legislative or regulatory actions to reduce risks to Vermonters from unsafe chemicals on December 15, 2018, and requires a report to include, among other items, any recommended legislative or regulatory actions to reduce risks to human health and the environment from regulated and unregulated chemicals of emerging concern; and

WHEREAS, the Committee met routinely and consulted with a citizen advisory panel on proposed recommendations for legislative or regulatory actions to reduce risks from chemicals, including the development of a general framework to be used by the Committee to review and analyze risks posed by chemicals in order to consider appropriate changes to applicable recordkeeping, reporting, and other technical requirements; and

WHEREAS, the Committee submitted a report to the Governor on December 15, 2018. The report included recommendations for the establishment of a more specific process for coordinated State review of the risks to human health and the environment posed by chemicals, classes of chemicals, or groupings of chemicals, including chemicals of emerging concern, that are used or proposed for use in Vermont; and

WHEREAS, the chemical review process recommended by the Committee will provide a consistent and deliberative framework for the State's evaluation of chemicals and risks posed by those chemicals and will provide a transparent and coordinated approach to identifying and implementing legislative, regulatory or other changes needed to protect Vermonters and the environment from such risks.

NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby amend and reaffirm the charge of the Interagency Committee on Chemical Management (Committee), as follows:

I. Composition; Chair of Committee.

The Committee shall consist of the following members:

A. the Secretary of the Agency of Natural Resources or designee;

B. the Secretary of the Agency of Agriculture, Food and Markets or designee;

C. the Secretary of the Agency of Commerce and Community Development or designee;

D. the Commissioner of the Department of Health or designee;

E. the Commissioner of the Department of Labor or designee;

F. the Commissioner of the Department of Public Safety or designee; and

G. the Secretary of the Agency of Digital Services or designee.

The Chair of the Committee shall be the Secretary of the Agency of Natural Resources or designee.

II. Committee Support and Authority.

The Committee shall have the administrative, technical, and legal assistance from the Agency of Natural Resources; Agency of Agriculture, Food and Markets; the Department of Health; the Department of Public Safety; and the Department of Labor. The Committee may obtain additional expertise and resources needed in the review of chemicals pursuant to this process.

The Committee may develop written procedures, guidance and other resources that are necessary and appropriate to implement this Executive Order. All procedures, guidance, and other resources developed shall be made available to the public.

The Committee may also hold public meetings to present information, take testimony or discuss and receive input on nominations for chemical review, technical report recommendations or other appropriate topics.

III. Committee Charge and Process.

The Committee shall make recommendations to the Governor, after consultation with a citizen advisory panel, to improve overall review and management of regulated and unregulated chemicals in the State and to improve and strengthen recordkeeping and reporting and other regulatory requirements. To meet this charge, the Committee shall:

A. Convene a citizen advisory panel to provide input and expertise to the Committee. The panel shall consist of persons available to the Committee on an as-needed basis to the provide the following expertise:

(1) One individual with expertise in toxicology;

(2) One individual with expertise in environmental health;

(3) One individual with expertise in maternal and child health;

(4) One individual with expertise in industrial hygiene or occupational health;

(5) One individual with expertise in human health and environmental risk assessment;

(6) One individual with expertise in manufacturing products or processes located in Vermont and subject to Vermont recordkeeping and reporting requirements;

(7) One individual with expertise in retail sales located in Vermont;

(8) One individual associated with a small business located in Vermont and subject to Vermont recordkeeping and reporting requirements;

(9) One individual associated with an academic institution with expertise in chemical management or chemical policy;

(10) One individual with expertise in environmental law;

(11) One individual with expertise in public policy, with a focus on chemical policy; and

(12) One individual with expertise in development and administration of information reporting technology or databases.

B. Conduct a process to review and make recommendations to improve chemical management through changes to chemical recordkeeping, reporting or other requirements, including any legislative or regulatory changes. That process shall consist of the following steps:

(1) Nomination of Chemicals for Review.

Nominations may be made to the Committee to review a chemical, class of chemicals, or grouping of chemicals. Nominations may be made by the Committee, members of the citizens advisory panel, or the public. Nominations shall be submitted in writing to the Committee Chair on a form to be developed by the Committee, and shall include, at a minimum and to the extent available, the following information and any supporting documentation related to the chemical or chemicals that are the subject of the nomination:

a. use and risk of adverse exposure in the State;

b. information about the potential hazards or risks;

c. information related to releases to the environmental media (e.g., air, water, soil);

d. the extent to which the chemical is regulated by the State, the federal government, and/or other jurisdictions where the purpose of such regulation is to address the risks posed to human health or the environment; and

e. any other information that the Committee determines is necessary to evaluate a chemical's use in the State and/or the risks to human health and the environment posed by the chemical in the State.

(2) Preliminary Committee Determination.

The Committee shall determine whether the information in a nomination warrants further technical review of the nominated chemical, class of chemicals, or grouping of chemicals. The Committee may require the submission of additional information prior to making a determination. The Committee may prioritize its review of nominations, and may consider the availability of information, Committee resources, and/or other factors that may limit further review of a nomination in its determination.

(3) Technical Team Review; Report.

Upon a determination of further technical review, the Committee shall establish a technical team to review the nominated chemical(s) and to make recommendations for changes to legislative or regulatory standards governing use of the chemical(s). The technical team shall consist of Committee members and/or designated Committee member representatives with relevant knowledge and expertise of the nominated chemical(s) including regulation, relevant uses, and/or the risks to human health and the environment posed by the chemical(s). The technical team may obtain additional expertise, as needed.

The technical team shall summarize its review and any recommendations in a written report. The report shall include the following information related to the chemical(s) nominated for review, as applicable and to the extent available:

a. Current and/or expected future uses of the chemical, including a summary of estimated quantities of the chemical used, managed, or stored in association with these uses. This shall include a description of any known uses (by type) and amounts used, managed and/or stored in Vermont.

b. Toxicity information.

c. Routes of known and potential exposure.

d. Known and potential impacts to public health and the environment. This shall include impacts to occupational health, public safety, and emergency response readiness.

e. The status of applicable regulations, advisories, assessments, and/or other applicable information or data, developed by the State.

f. The status of applicable regulations, advisories, assessments, or other applicable information or data developed by other states, the federal government or other jurisdictions.

g. Recommendations for the development of legislative, regulatory, guidance or other changes that are appropriate to address risks posed to human health or the environment. Such recommendations may include proposals for the following or a combination thereof:

i. use reduction and exposure reduction techniques;

ii. alternatives to use;

iii. adoption of recordkeeping and/or reporting requirements;

iv. adoption of technical standards or limitations of use;

v. additional information or technical review that may be needed;

vi. no further action;

vii. any other changes in regulation or policy that may appropriate to address risks posed to human health or the environment posed by the nominated chemical(s).

h. A description of the potential impact of each recommendation, including impacts to users of the chemical(s) in Vermont, agencies or other entities that have regulatory authority over the chemical(s), and the public.

(4) Committee Review of Technical Report; Findings.

The Committee shall review and make findings on a report submitted by a technical team. The Committee may prioritize its review of technical reports, and may consider the availability of information, Committee resources, and/or other factors that may limit review of technical reports. The Committee may obtain additional expertise or require the submission of additional information prior to making findings on a report.

The Committee may propose additional recommendations, including recommendation for the collection of additional information or for further technical review. The Committee shall issue its findings and a proposal for any additional recommendations in writing. The Committee's findings shall be submitted to the technical team and the citizens advisory panel and shall be made public.

(5) Citizens Advisory Panel Review of Committee's Findings.

The citizens advisory panel may review the findings of the Committee related to any technical report and may provide written comments to the Committee. The panel shall coordinate the review and submission of comments with the Committee prior to any final Committee action on the report.

(6) Committee Determination on Technical Report Recommendations

The Committee shall approve or deny, in whole or in part, any recommendations in a technical report and shall issue a written decision including findings supporting the actions taken. The Committee shall consider any comments submitted by the citizens advisory panel and the public and may address such comments in writing or in the Committee's written decision. A copy of the Committee's decision shall be made public and sent to the nominating entity, relevant executive agencies, and any other applicable entities.

C. Coordinate appropriate State agencies to implement the recommendations in the Committee's final report. Any recommendation for legislative modifications or any other recommendations shall be submitted to the Governor. A copy of any recommendations shall be submitted to the appropriate committees of jurisdiction of the General Assembly.

D. Issue a report and make recommendations to the Governor as to any necessary legislative or regulatory actions to reduce risks to Vermonters from unsafe chemicals on December 15, 2020 and biennially thereafter or as needed based on the work of the Committee. Copies of any reports shall be provided to the appropriate committees of jurisdiction of the General Assembly. The report shall include:

(1) a summary of chemical use in the State based on reported chemical inventories;

(2) a summary of identified risks to human health and the environment from reported chemical inventories;

(3) a summary of any change under federal statute or rule affecting the regulation of chemicals in the State; and

(4) recommended legislative or regulatory action to reduce risks to human health and the environment from regulated and unregulated chemicals of emerging concern.

IV. Authority of Agencies.

This Executive Order shall not limit the independent authority of a State agency to promulgate regulations related to the reporting, use, distribution, manufacture or release of chemicals or take other actions under existing State or applicable federal law.

V. Effective Date.

This Executive Order shall take effect upon signing and shall supersede and replace Executive Order 13-17 (codified as E.O. No. 10-43).

Dated March 11, 2019
3 V.S.A. § 609 — VT Code / Title 3 / Chapter 20 / Section 609
§ 609. Implementation; pilot program
Status: in_force

The Treasurer's duty to implement this chapter is contingent upon publication by the Treasurer of an official statement that the Treasurer has received donations designated for purposes of implementation or administration of the Trust in an amount sufficient to operate a pilot program. Upon publication, the Treasurer shall commence a pilot program implementing the Trust pursuant to the provisions of this chapter. The pilot program shall be used to evaluate the impact, effectiveness, and operational necessities of a permanent program consistent with this chapter.
3 V.S.A. § 818 — VT Code / Title 3 / Chapter 25 / Section 818
§ 818. Secretary of State; centralized rule system
Status: in_force

(a) The Secretary of State shall establish and maintain a centralized rule system that is open and available to the public. The system shall include all rules in effect or proposed as of July 1, 2019 and all rules proposed and adopted by agencies of the State after that date.

(b) The Secretary shall design the centralized rule system to:

(1) facilitate public notice of and access to the rulemaking process;

(2) provide the public with greater access to current and previous versions of adopted rules; and

(3) promote more efficient and transparent filing by State agencies of rulemaking documents and review by the committees established in this chapter.

(c) At a minimum, the records included in the system shall include all documents submitted to the Secretary of State under this subchapter.

(d) The centralized rule system may be digital, may be available online, and may be designed to support such other functions as the Secretary of State determines are consistent with the goals of this section and section 800 of this title.
3 V.S.A. § 467 — VT Code / Title 3 / Chapter 16 / Section 467
§ 467. Death benefit after retirement-Group C
Status: in_force

If a Group C member in receipt of a retirement allowance dies, the member's dependent spouse shall receive until the dependent's death a retirement allowance that shall be equal to 70 percent of the retirement allowance to that the member was then entitled, without optional modification, irrespective of whether the member had elected an option pursuant to this chapter.
3 V.S.A. § 216 — VT Code / Title 3 / Chapter 9 / Section 216
§ 216. Boards and commissions; party representative
Status: in_force

Unless otherwise provided, no board or commission appointed by the Governor, whether or not with the advice and consent of the Senate, may be composed entirely of persons from one political party.
3 V.S.A. § 3024 — VT Code / Title 3 / Chapter 53 / Section 3024
§ 3024. Advisory councils or committees
Status: in_force

The Secretary, with the approval of the Governor, may create such advisory councils or committees as he or she deems necessary within the Agency, and appoint their members for terms not exceeding his or hers.
3APPENDIX V.S.A. § 6 — VT Code / Title 3APPENDIX / Chapter 32 / Section 6
§ 32-6. Exec. Order No. 32-6 (No. 03-01) [Streamlined Sales Tax Project]
Status: in_force

Expired by its own terms, effective February 1, 2004.
3 V.S.A. § 653 — VT Code / Title 3 / Chapter 22 / Section 653
§ 653. Supplementary payments
Status: in_force

Any deferred compensation agreement made pursuant to this chapter shall be in addition to any retirement, pension or benefit programs otherwise available to employees of the public agency entering into the agreement. Furthermore, the current compensation of any employee agreeing to a current reduction under subsection 651(a) of this title shall be deemed to include the amount of any such reduction for the purpose of determining the employee's benefits under any retirement, pension or benefit programs otherwise available to the employee.
3 V.S.A. § 2203 — VT Code / Title 3 / Chapter 45 / Section 2203
§ 2203. Advisory capacity
Status: in_force

(a) All boards, committees, councils, and commissions that under this chapter are a part of or are attached to the Agency shall be advisory only, except as hereinafter provided, and the powers and duties of the boards, committees, councils, and commissions, including administrative, policy-making, rulemaking, and regulatory functions, shall vest in and be exercised by the Secretary of the Agency.

(b) Notwithstanding subsection (a) of this section or any other provision of this chapter, the Connecticut River Flood Control Commission shall retain and exercise all powers and functions given to it under the provisions of 10 V.S.A. chapter 45.
3APPENDIX V.S.A. § 6 — VT Code / Title 3APPENDIX / Chapter 18 / Section 6
§ 18-6. Exec. Order No. 18-6 (No. 01-92) [Transfer of Governor's Council on Physical Fitness and Sports from Department of Forests, Parks and Recreation to Department of Health]
Status: in_force

WHEREAS, The Governor's Council on Physical Fitness and Sports was created through Executive Order by Governor Snelling in 1981 and given legislative authority by Act 173 in 1985; and

WHEREAS, the Council has been attached since its beginning to the Department of Forests, Parks and Recreation for administrative purposes; and

WHEREAS, there has been a significant growth of public interest in health and fitness since the Council began; and

WHEREAS, the Council has a number of programs that are helping to further promote fitness and health among Vermonters; and

WHEREAS, the Department of Health is in a better position to provide the support that the Council needs to further its goals;

NOW THEREFORE, BE IT RESOLVED THAT I, Howard Dean, M.D., by virtue of the power vested in me as Governor, do hereby order as follows:

The Governor's Council on Physical Fitness and Sports is transferred from the Department of Forests, Parks and Recreation to the Department of Health for administrative purposes.

This Executive Order shall take effect upon signing.

Dated January 14, 1992.
3APPENDIX V.S.A. § 31 — VT Code / Title 3APPENDIX / Chapter 3 / Section 31
§ 3-31. Exec. Order No. 3-31 (No. 08-95) [Abolition of Certain Boards, Commissions, Councils and Other Bodies]
Status: in_force

WHEREAS, Governors over the years have established boards, commissions, and councils for various purposes by Executive Order; and

WHEREAS, the members appointed to these bodies have worked diligently to complete the tasks assigned to them; and

WHEREAS, a number of these bodies have completed their work and been inactive for a period of years, or have been superseded by similar statutory bodies, or have ceased to serve the purpose for which they were established;

NOW THEREFORE, BE IT RESOLVED THAT I, Howard Dean, by virtue of the power vested in me as Governor of the State of Vermont, do hereby revoke and rescind the following Executive Orders:

Executive Order #20-78 dated August 23, 1978 (State-Local Intergovernmental Relations)

Executive Order #85-90 dated March 15, 1990 (Vermont-Minority/Women Business Enterprises Partnership)

Executive Order #94-90 dated October 5, 1990 (Vermont Municipal Advisory Committee)

Executive Order #09-93 dated June 24, 1995 (Vermont Partnership for Economic Progress) Superseded by statute

Executive Order #16-78 dated June 15, 1978 (Agriculture Advisory Board)

Executive Order #52-80 dated September 25, 1980 (Agricultural Lands Review Board)

Executive Order #60-81 dated May 20, 1981 (Changes in Membership of Agriculture Advisory Board)

Executive Order #7-85 dated June 11, 1985 (Agriculture Advisory Board)

Executive Order #76-89 dated June 22, 1989 (Vermont-Quebec Joint Commission)—Superseded by statute

Executive Order #90-90 dated April 27, 1990 (Export Advisory Council)—Superseded by statute

Executive Order #93-90 dated September 1, 1990 (Task Force for the Protection of Consumers of Petroleum Products)

Executive Order #5-73 dated February 22, 1973 (State Planning Office)

Executive Order #63-88 dated March 29, 1988 (Advisory Council on Technology)

Executive Order #79-89 dated October 23, 1989 (Development of Comprehensive Energy Plan and Creation and Duties of State Agency Task Force on Energy)

Executive Order #66-82 dated April 12, 1982 (Delinquency Prevention Coordinating Council)—Superseded by statute

Executive Order #10-85 dated July 1, 1985 (Justice and Victims Assistance Council)—Superseded by statute

Executive Order #86-90 dated April 5, 1990 (Bail Amendment Task Force)

Executive Order #85-84 dated November 30, 1984 (Commission on Child Support)

Executive Order #78-89 dated August 22, 1989 (Holocaust Human Rights Education Committee)

Executive Order #96-90 dated October 19, 1990 (Advisory Panel on State-University Relations)

Executive Order # 26-79 dated January 29, 1979 (Alcohol and Drug Abuse Council)—Superseded by statute

Executive Order #59-81 dated April 8, 1981 (Governor's Council on Physical Fitness)—Superseded by statute

Executive Order #69-83 dated January 25, 1983 (Special Cabinet for Prevention, Education and Treatment of Alcohol Abuse)

Executive Order #49-87 dated August 19, 1987 (Biomedical Ethics Advisory Panel)

Executive Order #87-90 dated April 5, 1990 (Governor's Commission on Alzheimer's Disease and Related Disorders)—Superseded by statute

Executive Order #5-91 dated March 6, 1991 (Vermont Blue Ribbon Commission on Health)

Executive Order #31-86 dated October 9, 1986 (Vermont Fire and Burn Prevention Council)

Executive Order #27-79 dated January, 1979 (Creation of Employment and Training Services Task Force)

Executive Order #43-79 dated December 18, 1979 (Continuation of Employment and Training Services Task Force)

Executive Order #54-81 dated January 13, 1981 (Occupational Information Coordinating Committee)

Executive Order #75-83 dated October 21, 1983 (Advisory Committee on Employment of the Handicapped)—Superseded by statute

Executive Order #2-85 dated April 15, 1985 (Development Cabinet)

Executive Order #88-90 dated April 5, 1990 (Vermont Education and Training 2000 Implementation Committee)

Executive Order #05-93 dated March 9, 1993 (Vermont Human Resources Investment Council)

Executive Order #95-90 (no date) (Vermont Columbus Quincentenary Commission)

Executive Order #2-73 dated January 12, 1973 (Advisory Rate Setting committee)

Executive Order #6-92 dated May 12, 1992 (Governor's Blue Ribbon Commission on Educational and Municipal Financing Reform)

Executive Order #2-73 dated January 12, 1973 (Advisory Rate Setting Committee)—Superseded by statute

Executive Order #30-71 dated January 14, 1971 (Advisory Rate Setting Committee)—Superseded by statute

Executive Order #4-73 dated January 15, 1973 (Office of Child Development)—Abolished by Executive Order #2-77

Executive Order #23-78 dated September 14, 1978 (1122 Appellate Review Board)

Executive Order #37-87 dated January 23, 1987 (Governor's Task Force for the Prevention of Teenage Pregnancy)

Executive Order #61-88 dated March 23, 1988 (Continuation of Governor's Task Force for the Prevention of Teenage Pregnancy)

Executive Order #11-91 dated November 7, 1991 (Commission on Volunteers)—Superseded by Executive Order #16-93

This Executive Order shall take effect upon signing.

Dated December 28, 1995.
3 V.S.A. § 962 — VT Code / Title 3 / Chapter 27 / Section 962
§ 962. Employees
Status: in_force

It shall be an unfair labor practice for an employee organization or its agents:

(1) To restrain or coerce employees in the exercise of the rights guaranteed to them by law, rule, or regulation. However, this subdivision shall not impair the right of an employee organization to prescribe its own rules with respect to the acquisition or retention of membership therein, provided such rules are not discriminatory.

(2) To restrain or coerce an employer in the selection of his or her representatives for the purposes of collective bargaining or adjustments of grievances.

(3) To cause or attempt to cause an employer to discriminate against an employee in violation of section 961 of this title or to discriminate against an employee with respect to whom membership in such organization has been denied or terminated on some ground other than his or her failure to tender the periodic dues and the initiation fees uniformly required as a condition for acquiring or retaining membership.

(4) To refuse to bargain collectively with an employer, provided it is the representative of the employer's employees subject to the provisions of subchapter 3 of this chapter.

(5) To engage in, or to induce or encourage any individual employed by any person to engage in, a strike or a refusal in the course of his or her employment to use, transport, or otherwise handle or work on any goods, articles, materials, or commodities or to perform any authorized functions.

(6) To threaten, coerce, or restrain any person where in either case an object thereof is:

(A) Forcing or requiring any State employee to join any employee organization or to enter into any agreement that is prohibited by the provisions of this chapter.

(B) Forcing or requiring any employer or employee to cease using, handling, transporting, or otherwise dealing in the products of a producer, processor, or manufacturer, or to cease doing business with any other person, in the course of regular State business, or forcing, or requiring the employer to recognize or bargain with an employee organization as the representative of his or her employees unless such employee organization has been certified as the representative of such employees under the provisions of subchapter 3 of this chapter.

(C) Forcing or requiring the employer to recognize or bargain with a particular employee organization as the representative of his or her employees if another employee organization has been certified as the representative of those employees under subchapter 3 of this chapter.

(D) Forcing or requiring the employer to assign particular work to employees in a particular position class or employee organization rather than to employees in another position class or employee organization unless such employer is failing to conform to an order of certification of the Board determining the bargaining representative for employees performing that work.

(7) To cause or attempt to cause an employer to pay or deliver or agree to pay or deliver any money or other thing of value in the nature of an exaction, for services that are not performed or not to be performed or that are not needed or required by the employer.

(8) To picket or cause to be picketed, or threaten to picket or cause to be picketed, the employer where an object thereof is forcing or requiring the employer to recognize or bargain with an employee organization as the representative of his or her employees, or forcing or requiring the employees of an employer to accept or select the employee organization as their collective bargaining representative.

(9) To engage in activities unlawful under section 903 of this title.

(10) To charge a collective bargaining service fee unless such employee organization has established and maintained a procedure to provide nonmembers with:

(A) an audited financial statement that identifies the major categories of expenses and divides them into chargeable and nonchargeable expenses;

(B) an opportunity to object to the amount of the collective bargaining service fee sought, any amount reasonably in dispute to be placed in escrow;

(C) prompt arbitration by the Board to resolve any objection over the amount of the collective bargaining service fee.
3 V.S.A. § 130a — VT Code / Title 3 / Chapter 5 / Section 130a
§ 130a. Appeals
Status: in_force

(a)(1) A party aggrieved by a final decision of a board or administrative law officer may, within 30 days of the decision, appeal that decision by filing a notice of appeal with the Director who shall assign the case to an appellate officer.

(2)(A) The review shall be conducted on the basis of the record created before the board or administrative law officer.

(B) In cases of alleged irregularities in procedure before the board or administrative law officer, not shown in the record, proof on that issue may be taken by the appellate officer.

(b) The appellate officer shall not substitute his or her judgment for that of the board or administrative law officer as to the weight of the evidence on questions of fact. The appellate officer may affirm the decision, or may reverse and remand the matter with recommendations if substantial rights of the appellant have been prejudiced because the board's or administrative law officer's finding, inferences, conclusions, or decisions are:

(1) in violation of constitutional or statutory provisions;

(2) in excess of the statutory authority of the board or administrative law officer;

(3) made upon unlawful procedure;

(4) affected by other error of law;

(5) clearly erroneous in view of the evidence on the record as a whole;

(6) arbitrary or capricious; or

(7) characterized by abuse of discretion or clearly unwarranted exercise of discretion.

(c) A party aggrieved by a decision of the appellate officer may appeal to the Supreme Court, which shall review the matter on the basis of the records created before the board or administrative law officer and the appellate officer.
3APPENDIX V.S.A. § 24 — VT Code / Title 3APPENDIX / Chapter 10 / Section 24
§ 10-24. Exec. Order No. 10-24 (No. 03-00) [Membership Expansion of Vermonter's Committee to Ensure Clean Air]
Status: in_force

Expired by its own terms, effective June 30, 2001.
3 V.S.A. § 160 — VT Code / Title 3 / Chapter 7 / Section 160
§ 160. State claims
Status: in_force

On receipt of notice thereof from the Commissioner of Finance and Management, the Attorney General shall forthwith notify State's Attorneys of any claim of the State which should be prosecuted in their counties. Subject to the direction of the Attorney General, such State's Attorneys shall prosecute the same and be liable on their official bonds for neglect in respect thereto. The State's Attorneys shall report to the Attorney General, as often as may be required by him or her, such facts concerning such actions as will enable him or her to keep a record thereof and of the proceedings therein.
3 V.S.A. § 3022 — VT Code / Title 3 / Chapter 53 / Section 3022
§ 3022. Budget and report
Status: in_force

The Secretary shall be responsible to the Governor and shall plan, coordinate, and direct the functions vested in the Agency.
3 V.S.A. § 1222 — VT Code / Title 3 / Chapter 31 / Section 1222
§ 1222. Commission member prohibited conduct
Status: in_force

(a) Conflicts of interest.

(1) Prohibition; recusal.

(A) A Commission member shall not participate in any Commission matter in which he or she has a conflict of interest and shall recuse himself or herself from participation in that matter.

(B) The failure of a Commission member to recuse himself or herself as described in subdivision (A) of this subdivision (1) may be grounds for the Commission to discipline or remove that member.

(2) Disclosure of conflict of interest.

(A) A Commission member who has reason to believe he or she has a conflict of interest in a Commission matter shall disclose that he or she has that belief and disclose the nature of the conflict of interest. Alternatively, a Commission member may request that another Commission member recuse himself or herself from a Commission matter due to a conflict of interest.

(B) Once there has been a disclosure of a member's conflict of interest, members of the Commission shall be afforded the opportunity to ask questions or make comments about the situation to address the conflict.

(C) A Commission member may be prohibited from participating in a Commission matter by at least three other members of the Commission.

(3) Postrecusal or -prohibition procedure. A Commission member who has recused himself or herself or was prohibited from participating in a Commission matter shall not sit or deliberate with the Commission or otherwise act as a Commission member on that matter.

(4) Definition. As used in this subsection, “conflict of interest” means an interest of a member that is in conflict with the proper discharge of his or her official duties due to a significant personal or financial interest of the member, of a person within the member's immediate family, or of the member's business associate. “Conflict of interest” does not include any interest that is not greater than that of any other persons generally affected by the outcome of a matter.

(b) Gifts. A Commission member shall not accept a gift given by virtue of his or her membership on the Commission.
3 V.S.A. § 129 — VT Code / Title 3 / Chapter 5 / Section 129
§ 129. Powers of boards or of Director in advisor professions; discipline process
Status: in_force

(a) In addition to any other provisions of law, a board or the Director, in the case of professions that have advisor appointees, may exercise the following powers:

(1) Consistent with other law and State policy, develop administrative rules establishing evidence-based standards of practice appropriate to secure and promote the public health, safety, and welfare; open and fair competition within the marketplace for professional services; interstate mobility of professionals; and public confidence in the integrity of professional services.

(2) Issue subpoenas and administer oaths in connection with any authorized hearing, investigation, or disciplinary proceeding. Subpoenas may be issued ex parte by the chair of the board, the Director, or any attorney representing a party. Depositions may be taken after charges upon due notice to all parties without specific authorization by the board.

(3) Issue warnings or reprimands, suspend, revoke, limit, condition, deny, or prevent renewal of licenses, after disciplinary hearings or, in cases requiring emergency action, immediately suspend, as provided by section 814 of this title. In a case involving noncompliance with a statute or rule relating to administrative duties not related to patient, client, or customer care, a board or hearing officer may determine that ordering a monetary civil penalty does not constitute a finding of unprofessional conduct. After a finding of unprofessional conduct, a respondent shall pay a disciplinary action surcharge pursuant to subdivision 125(b)(11) of this title. The proceeds from the disciplinary action surcharge shall be deposited into the Professional Regulatory Fee Fund.

(4) Reinstate or deny reinstatement of a license that has been revoked, suspended, limited, or conditioned.

(5) Discipline any licensee or refuse to license any person who has had a license application denied or a license revoked, suspended, limited, conditioned, or otherwise disciplined by a licensing agency in another jurisdiction for conduct that would constitute unprofessional conduct in this State, or has surrendered a license while under investigation for unprofessional conduct.

(6) Notify relevant State, federal, and local agencies and appropriate bodies in other states of the status of any disciplinary case against an applicant or licensee, provided the board has taken disciplinary action or has served a notice of charges against the person.

(7) Refuse to accept the return of a license tendered by the subject of a disciplinary investigation or refuse to allow an applicant who is the subject of a disciplinary investigation to withdraw his or her application without permission of the board.

(8) Adopt rules governing the issuance of licenses to practice, to persons licensed and in good standing to practice in another jurisdiction, that authorize the holder of the license to practice in this State for no more than 10 days or 80 hours in any calendar year upon payment of the required fee.

(9) For good cause shown, waive fees when a license is required to provide services on a pro bono basis or in accordance with standards established by the board by rule.

(10)(A) Issue temporary licenses during a declared state of emergency. The person to be issued a temporary license must be:

(i) currently licensed, in good standing, and not subject to disciplinary proceedings in any other jurisdiction; or

(ii) a graduate of an approved education program during a period when licensing examinations are not reasonably available.

(B) The temporary license shall authorize the holder to practice in Vermont until the termination of the declared state of emergency or 90 days, whichever occurs first, provided the licensee remains in good standing, and may be reissued by the board if the declared state of emergency continues longer than 90 days.

(C) Fees shall be waived when a license is required to provide services under this subdivision (10).

(11) Treat as incomplete any license application submitted with a check subsequently returned for insufficient funds or without the personal attestation of the applicant or an authorized officer of an applicant corporation as to the representations made in the license application.

(12) Waive or modify continuing education requirements for persons on active duty in the U.S. Armed Forces.

(13) Administer a Vermont statutes and rules examination as a condition of licensure, renewal, or reinstatement.

(14) Grant an honorary license to those individuals having demonstrated outstanding service to a profession, at the discretion of the board. An honorary license shall not confer the right or privilege to practice the profession in this State.

(b) A board or the Director, in the case of professions that have advisor appointees, shall receive complaints from any source, or may investigate without receiving a complaint.

(c)(1) Boards and administrative law officers sitting in disciplinary cases shall do so impartially and without ex parte knowledge of the case in controversy.

(2) A State prosecuting attorney assigned by the Office shall be responsible for prosecuting disciplinary cases before boards or administrative law officers.

(3) The Office may assign one or more board members or advisors to assist Office investigators and the prosecutor in relation to the investigation and prosecution of licensing and disciplinary matters. If a board member has served in this capacity, the member shall not participate in ex parte communications with other board members regarding the case and shall not participate in deliberating or deciding the case.

(d) A board or the Director shall notify parties, in writing, of their right to appeal final decisions of the board. A board or the Director shall also notify complainants in writing of the result of any disciplinary investigation made with reference to a complaint brought by them to the board or Director. When a disciplinary investigation results in a stipulation filed with the board, the board or the Director shall provide the complainant with a copy of the stipulation and notice of the stipulation review scheduled before the board. The complainant shall have the right to be heard at the stipulation review.

(e)(1) When a board or the Director, in the case of professions that have advisor appointees, intends to deny an application for a license based on the applicant's past or current unprofessional conduct or based on an ongoing investigation of the applicant, in Vermont or elsewhere, for unprofessional conduct, the board or Director shall send the applicant written notice of the decision by certified mail. The notice shall include a statement of the reasons for the action and shall advise the applicant that the applicant may file a petition within 30 days after the date on which the notice is mailed with the board or the Director for review of the board's or Director's preliminary decision.

(A) At the review hearing, the applicant shall bear the burden of proving that the preliminary denial should be reversed and that the license should be granted.

(B) After the hearing, the board or Director shall affirm or reverse the preliminary denial, explaining the reasons in writing.

(2) The decision of a board or the Director, in the case of professions that have advisor appointees, to deny an application for a license based on a finding by the board or the Director that the applicant has not fulfilled the qualifications or met the standards required for licensure shall be a final decision of the board or Director.

(A) Upon such a final decision by the board or the Director, the board or Director shall send the applicant written notice of the decision by certified mail. The notice shall include a statement of the reasons for the action and shall advise the applicant that the applicant may appeal the decision of the board or Director to deny the application by filing a notice of appeal with the Director, who shall assign the case to an appellate officer.

(B) Appeals of decisions by the board or Director to deny an application for licensure based on the qualifications of an applicant shall be conducted in accordance with section 103a of this title. The record in the appeal shall include the applicant's application for the professional license, the written notice of the decision to deny the application, and any other materials established in rules adopted in accordance with chapter 25 of this title.

(f)(1)(A) The Director may appoint a hearing officer, who shall be an attorney admitted to practice in this State, to conduct a hearing that would otherwise be heard by a board. A hearing officer appointed under this subsection (f) may administer oaths and exercise the powers of the board properly incidental to the conduct of the hearing.

(B) When disciplinary charges are pending concurrently against a single individual or entity, in one profession or multiple, the Director is authorized to order that the matters be consolidated in a single proceeding.

(2) In board professions, when a hearing is conducted by a hearing officer, the officer shall report findings of fact and conclusions of law to the board. The report shall be made within 60 days of the conclusion of the hearing unless the board grants an extension. The provisions of section 811 of this title regarding proposals for decision shall not apply to the hearing officer report.

(3) The board may take additional evidence and may accept, reject, or modify the findings and conclusions of the hearing officer. Judgment on the findings shall be rendered by the board.

(g) A board may authorize any of the following:

(1) Its chair or Office legal counsel to grant continuances of scheduled hearings.

(2) Its chair to grant or deny stays pending appeal.

(3) An administrative law officer to convene and conduct prehearing conferences and to preside at hearings for the purpose of making procedural and evidentiary rulings. The board may overrule a ruling by an administrative law officer under this subdivision.

(4) Office staff to grant applications that present no substantial discretionary or factual question and to administer the policies of the board between regular meetings.

(h)(1) A board member, hearing officer, or administrative law officer having a personal or pecuniary interest or the appearance of a personal or pecuniary interest in the outcome of any board decision shall not participate in deciding the matter.

(2)(A) A board member, hearing officer, or administrative law officer whose disqualification is sought shall either disqualify himself or herself or, without ruling on the request for disqualification, refer the request to the Secretary of State, who shall rule on the request.

(B) The ruling of the Secretary of State on a request for disqualification shall be final and shall be subject to review only upon appeal of a final order of a board under section 130a of this title or of an administrative law officer under subsection (j) of this section.

(i) A board may consult with the Attorney General or an attorney assigned by the Office of Professional Regulation for the proper conduct of its affairs. The Director may assign Office legal counsel to assist a board in the lawful and orderly conduct of its open meetings and other nondisciplinary business, including making procedural and parliamentary rulings.

(j) Hearings involving denials of licensure or disciplinary matters concerning persons in professions that have advisor appointees shall be heard by an administrative law officer appointed by the Secretary of State.

(k)(1) Whenever completion of certain continuing education requirements is a condition of renewal, the board may require the applicant to develop and complete a specific corrective action plan, to be completed within 90 days.

(2) A board may grant a temporary renewal license pending the completion of the required continuing education.

(l) Unless a disciplinary order expressly provides to the contrary, discipline against any license or credential issued by a regulatory body attached to the Office to an individual or entity shall be applicable as a matter of law to all other licenses issued to that licensee by that regulatory body.

(m) In any proceeding under this section that addresses an applicant's or licensee's alleged sexual misconduct, evidence of the sexual history of the victim of the alleged sexual misconduct shall neither be subject to discovery nor be admitted into evidence. Neither opinion evidence of nor evidence of the reputation of the victim's sexual conduct shall be admitted.

(n)(1) A board may designate a hearing panel consisting of less than a quorum of the board to conduct hearings that would otherwise be heard by the full board. A hearing panel shall consist of at least three members, including at least one professional member of the board and at least one public member of the board. No member of the hearing panel shall have been a board member who was assigned, in accordance with subdivision (c)(3) of this section, to assist the Office investigators and prosecutor in relation to the investigation and prosecution of the matter being heard. The Director shall establish by rule the process for designating a hearing panel.

(2) If there is an insufficient number of board members to serve on a hearing panel by reason of disqualification, resignation, vacancy, or necessary absence, the Director may appoint ad hoc members to serve on the hearing panel for that matter only.

(3) If a board is unable to convene in a timely manner to hear a disciplinary matter or to appoint a hearing panel, the Director may designate a hearing panel to hear a matter that would otherwise be heard by the full board. If the Director appoints a hearing panel, the Director shall follow the requirements of subdivisions (1) and (2) of this subsection.

(4) A hearing panel shall be designated solely upon the request and decision of the board or the Director and in accordance with this subsection and rules adopted by the Director in accordance with chapter 25 of this title.
3APPENDIX V.S.A. § 2 — VT Code / Title 3APPENDIX / Chapter 13 / Section 2
§ 13-2. Exec. Order No. 13-2 (No. 17-03) [Governor's Commission on Corrections Overcrowding]
Status: in_force

Superseded and replaced by Executive Order No. 17A-03 (codified as Executive Order No. 13-3), dated November 17, 2003.
3 V.S.A. § 1213 — VT Code / Title 3 / Chapter 31 / Section 1213
§ 1213. Disclosures; generally
Status: in_force

(a) The Executive Director of the Commission shall prepare on behalf of the Commission any disclosure form required to be filed with it and the candidate disclosure form described in 17 V.S.A. § 2414 and shall make forms to be filed with the Commission available on the Commission's website.

(b) The Executive Director shall post on the Commission's website a copy of any disclosure form the Commission receives.
3APPENDIX V.S.A. § 40 — VT Code / Title 3APPENDIX / Chapter 10 / Section 40
§ 10-40. Exec. Order No. 10-40 (No. 15-12) [Governor's Climate Cabinet and State Agency Climate Action Plan]
Status: in_force

Superseded and replaced by Executive Order No. 10-42 (codified as Executive Order No. 12-17), dated July 20, 2017.
3APPENDIX V.S.A. § 13 — VT Code / Title 3APPENDIX / Chapter 29 / Section 13
§ 29-13. Exec. Order No. 29-13 (No. 26-86) [Transfer of Land in Town of Wolcott From Agency of Transportation to Agency of Environmental Conservation, Department of Fish and Wildlife]
Status: in_force

WHEREAS, it appears that certain lands hereinafter described and located in the Town of Wolcott, County of Lamoille and State of Vermont and presently under the jurisdiction and control of the Agency of Transportation and is no longer necessary for Agency of Transportation purposes; and

WHEREAS, the Agency of Environmental Conservation, Department of Fish and Wildlife desires the transfer of said hereinafter described land for the purpose of enhancing already existing recreational facilities;

NOW THEREFORE, I, Madeleine M. Kunin, by virtue of the power vested in me as Governor of Vermont, do hereby transfer and set over from the Agency of Transportation to the jurisdiction and control of the Agency of Environmental Conservation, Department of Fish and Wildlife for the aforesaid purpose the following described land, to wit;

Being part of the same land and premises conveyed to the State of Vermont by Richard C. Sargent and Robert F. McKenzie, Co-Trustees of the Estate of Denning Miller by Trustee's Deed dated June 18, 1984 and recorded in Book 44, Pages 102-104 of the Town of Wolcott Land Records and being all of the same land and premises conveyed to the State of Vermont by Roger E. Miller and Alma M. Miller by Warranty Deed dated April 17, 1984 and recorded in Book 44, Pages 90 and 91 of the aforesaid Town of Wolcott Land Records and being more particularly described as follows:

Being a certain parcel of land consisting of 2.48 acres, more or less, as shown on a plat entitled “State of Vermont, Agency of Transportation, Town of Wolcott, Project Wolcott FG-F-BRF 030-2 (4)”, dated February 13, 1986 and which plat is attached hereto and made a part hereof.

The Agency of Transportation, however, excepts and reserves to the Town of Wolcott from this transfer, an easement to construct and maintain a drainage ditch located at or near and left of approximate survey station 271 + 28 of the revised centerline of Highway Project Wolcott FG-F-BRF 030-2 (4) and thereby the right to discharge water through said drainage ditch on to the hereinbefore described parcel of land.

Dated July 14, 1986.
3 V.S.A. § 11 — VT Code / Title 3 / Chapter 1 / Section 11
§ 11. Method of delegating; responsibility of Governor
Status: in_force

The delegating of duties authorized in this section shall be in writing and shall specify with particularity the cases in which it is to apply. It shall become effective only when an executed duplicate copy of the delegation is filed in the Office of the Secretary of State. Such delegation may be revoked at any time by the Governor, and such revocation shall be in writing and likewise filed as the original delegation. The delegation of a particular function shall not prevent the Governor from acting in a case, and in any such instance, the delegation shall be of no effect. Nothing contained in this section shall relieve the Governor of the Governor's responsibility for the acts of any officer designated by the Governor under the authority of sections 10–13 of this title to perform any function.
3 V.S.A. § 477a — VT Code / Title 3 / Chapter 16 / Section 477a
§ 477a. Elections
Status: in_force

(a) Any member who has rendered 15 years of creditable service and who has, prior to becoming a member of the System, served a minimum of one full year of full-time service in the military or one full year of full-time service as a member of the Cadet Nurse Corps in World War II, the Peace Corps, VISTA, or AmeriCorps for which the member has derived no military pension benefits may elect to have included in the member's creditable service all or any part of the member's military, Cadet Nurse Corps, Peace Corps, VISTA, or AmeriCorps service not exceeding five years. Any member who so elects shall deposit in the Fund by a single contribution the amount or amounts determined by the System's actuary to be cost neutral to the System. Notwithstanding the provisions of this subsection, any member shall, upon application, be granted up to three years of credit for military service during the periods June 25, 1950 through January 31, 1955; February 28, 1961 through August 4, 1964, if service was performed in what is now the Republic of Vietnam; and August 5, 1964 through May 7, 1975 and shall not be required to make a contribution, provided the member has rendered 15 years of creditable service and, prior to becoming a member, served a minimum of one full year of full-time service in the military for which he or she has derived no military pension benefits. The provisions of this subsection shall also be available to State employees who are not members of the classified system and who elect to participate in the defined Contribution Retirement Plan under chapter 16A of this title. Notwithstanding the foregoing, in the event of a conflict between the provisions of this subsection and the provisions of 10 U.S.C. § 12736 concerning the counting of the same full-time military service toward both military and State pensions, the provisions of the U. S. Code shall control.

(b) Any member who rendered service in the capacity of an employee for another state, as defined by the Board, may elect to have included in the member's creditable service, all or part of any period of such service. Any member who so elects shall deposit in the Fund by a single contribution the amount or amounts determined by the System's actuary to be cost neutral to the System.

(c) Any member may elect to have included in the member's creditable service years of service as a municipal employee or as a teacher in a public or private school, as defined by the Board. Any member who so elects shall deposit in the Fund by a single contribution the amount or amounts determined by the System's actuary to be cost neutral to the System. No application for credit under this subsection shall be granted if at the time of application, the member has a vested right to retirement benefits in another Retirement System based upon that service.

(d) Any member may elect to have included in the member's creditable service all or any part of the member's service as a permanent State employee for which the member received no credit. Any member who so elects shall deposit in the Fund by a single contribution the amount or amounts determined by the System's actuary to be cost neutral to the System. Any Group F member may elect to increase his or her retirement allowance for years of service as a Group E member prior to January 1, 1991, for 1-¼ percent of average final compensation to 1-⅔ percent of average final compensation. A member making an election under this subdivision shall deposit in the Annuity Savings Fund by a single contribution an amount computed at regular interest to be sufficient to provide at normal retirement an annuity equal to 1-⅔ percent of the member's average final compensation multiplied by the number of years of service for which the member elects to increase his or her retirement allowance. Any Group F member who is actively employed on June 30, 2007, and who was a member of the Group B plan prior to June 30, 1998, may elect to convert some or all of his or her Group B service to Group C service. A member making an election to convert shall deposit in the Fund by a single contribution an amount computed by the actuary to pay for the additional liability incurred by the increase in benefits between the Group B and the Group C plan multiplied by the number of years of service that the member elects to convert.

(e) Notwithstanding any provision to the contrary and except for credit elected under subsection (a) of this section, a member may not elect more than a total of 10 years of creditable service under the provisions of this section, except that there shall be no limit to years of service in Group E being converted under subsection (d) of this section.

(f) Any time a member is required to make a single contribution in connection with an election under this section, a member may, with the approval of the Board, contribute over a maximum of five years in installments of equal value. Those contributions shall become a part of the member's accumulated contribution and shall be treated for all purposes in the same manner as the contributions made under section 473 of this title. Any member who retires before completing payment as approved by the Board for the purchase of service under this section shall receive pro rata credit for service purchased before the date of retirement, but if the member so elects at the time of retirement, the member may pay as much in a single sum as is necessary to provide full credit at that time.

(g) Notwithstanding any provision of this section, no non-Vermont state employment credit elected under this section shall be considered as creditable service for purposes of attaining five years' vesting required for retirement allowance eligibility.

(h) When a Group F member has a minimum of 25 years of creditable service, the member may elect to purchase up to five years of additional service credit. A member who makes an election under this subsection shall deposit in the Fund by a single contribution an amount computed at regular interest to be sufficient to provide at normal retirement an annuity equal to 1-⅔ percent of the member's average final compensation multiplied by the number of years purchased.
3APPENDIX V.S.A. § 60 — VT Code / Title 3APPENDIX / Chapter 20 / Section 60
§ 20-60. Exec. Order No. 20-60 (No. 03-20) [Governor's Public Safety Reform Initiative]
Status: in_force

WHEREAS, just two months ago, this country watched the tragic death of George Floyd, and while Vermont has been committed to fair and impartial policing for some time, we must acknowledge work remains to be done; and

WHEREAS, Vermont's Constitution requires every officer of the State in authority, whether judicial or executive or military, to swear an oath that, in the execution of their office, they will do equal right and justice to all persons, to the best of their ability, according to law; and

WHEREAS, this oath imposes upon all state officers, including our state-wide elected officials, our judges, our prosecutors and our law enforcement officers an awesome responsibility and we must do all we can to ensure our officers and our institutions are prepared, in fact, to do equal right and justice to all persons; and

WHEREAS, in January of this year, the Department of Public Safety (DPS) put forth an outline for modernizing policing and public safety in Vermont, which is based, in part, on more than 50 years of studies, reports and legislative drafts; and

WHEREAS, in June of this year, together with law enforcement and community leaders, DPS drafted a comprehensive 10-point strategy to accelerate progress in the organization of state law enforcement operations, modernizing our data collection and reporting technology; expanding alternative crisis response methodologies such as field mental health workers; providing enhanced statewide model policies in key areas, including use of force; modernizing hiring practices, training and supervisor selection; and developing community oversight models; and

WHEREAS, nationally, community representatives, law enforcement representatives and other advocacy groups are debating the risks and benefits of these and other measures such as an end to qualified immunity for law enforcement officers, removal of police from schools, banning the use of certain military equipment and techniques and banning certain surveillance techniques, all of which merit open and informed debate and consideration in Vermont's communities and in the Legislature; and

WHEREAS, the scope of this Order is to use the current lawful authority of the Governor and the resources available to the Executive Branch to accelerate the modernization of public safety operations throughout Vermont.

NOW, THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as the Governor, do hereby order and direct as follows:

I. Short Term Priorities.

A. Community Participation. The Commissioner of DPS shall, in consultation with the Executive Director of Racial Equity, actively engage with communities, particularly those communities that have been historically marginalized or harmed by policing, as we develop and deploy best policing practices. Only through extensive outreach and participation can we achieve the goals outlined in the DPS's 10-point strategy, move forward on these initiatives and develop equitable processes that ensure equitable outcomes.

B. Hiring and Promotion Practices. State and local law enforcement agencies must recruit, hire, retain and promote officers who reflect the values and diversity of the communities they serve. In furtherance of DPS's ongoing work in this area, on or before October 1, 2020, the Commissioner of DPS shall work with community representatives and other interested parties to develop model processes and begin to implement enhancements to systems for hiring interviews in selection processes, background investigations and polygraph and psychological examinations, for purposes of hiring and promotion, including the hiring of police executives in Vermont. The Vermont Criminal Justice Training Council (CJTC) shall consider the model processes developed by DPS for adoption by all law enforcement agencies statewide.

On or before December 1, 2020, the Commissioner shall, in consultation with the Commissioner of Human Resources and the Executive Director of Racial Equity, develop additional initiatives to reach out to a more diverse hiring pool. This shall include measurable assessments of those efforts and outcomes.

C. Data. DPS, in consultation with the Agency of Digital Services (ADS), shall prioritize the adoption of an updated statewide computer aided dispatch and records management data system that is standardized and mandatory for all agencies related to use of force, traffic stops, arrests, mental health and other related topics. Further, that system shall make data more swiftly and fully available to communities, Vermonters and researchers using a variety of modern tools ranging from easily accessible dashboards to raw data - excluding personally identifying information on any person. The Commissioner of DPS and the Secretary of ADS shall provide a weekly status update to the Governor on the progress toward statewide implementation of this system.

D. Body Worn Cameras. As we look forward to a time when all law enforcement agencies in the State will be using body worn cameras, the State will require clear, consistent statewide policies governing their use, including universal policy on activation / de-activation, privacy issues, and release of camera footage.

The Commissioner of DPS is hereby directed to expedite work to 1) identify the scope of need for cameras by all Vermont law enforcement agencies; and 2) in collaboration with Vermont community representatives, and in consultation with the Executive Director of Racial Equity and other stakeholders, develop for the consideration of the CJTC, a statewide model policy on body worn cameras for all law enforcement agencies and officers for use statewide.

E. Use of Force Policy. On or before October 1, 2020, the Commissioner of DPS, in consultation with the Executive Director of Racial Equity, community representatives and other interested parties shall develop, for the consideration of the CJTC, a statewide model policy on the use of force for all law enforcement agencies and officers. The model policy shall establish a statewide definition for what constitutes a use of force by police, and include best practices on when use of force shall be prohibited, such as in response to peaceful protests, and under what circumstances proportional use of force may be necessary. The model policy shall also address when and under what circumstances police military equipment shall be prohibited and when and under what circumstances it may be necessary.

At this time Vermont's State Police and local police agencies do not possess or use invasive surveillance technologies, advanced autonomous weaponry, facial recognition software or predictive policing technologies. It shall be the policy of the State that these technologies and techniques shall not be adopted by any law enforcement agency without express authorization under State law.

Further, it shall be the policy of the State that a police agency's failure to adopt the statewide model use of force policy shall result in limitations on state funding and access to training for the agency.

F. Training. The Commissioner has proposed a detailed plan for comprehensive law enforcement training modernization. I hereby direct the Commissioners of DPS, Corrections, Motor Vehicles and Fish and Wildlife, as a members of the CJTC, together with the new Executive Director of the Council, to coordinate and lead the efforts of the Council to develop and use updated, statewide training, schedules and methods. On or before December 1, 2020, the Commissioner of DPS shall report to the Governor on the status of these efforts.

G. Improper Conduct Allegations. The process of investigating improper conduct allegations must be easily accessible and as transparent as possible, while protecting the privacy of both the accused and the complainant. Investigations must have swift and consistent outcomes and include community oversight.

Working with community representatives and other interested parties to develop the most suitable models, on or before October 1, 2020, the Commissioner of DPS, in consultation with the Executive Director of Racial Equity and the CJTC, shall recommend to the Governor a statewide model policy for investigating allegations of improper conduct. This process should consider different models used outside of Vermont, including those involving civilian investigators or investigators from other agencies.

II. Development of Legislative Proposals for 2021.

A. Universal Reporting Portal for Improper Conduct Allegations. On or before October 1, 2020, working with community representatives and other interested parties, the Commissioner of DPS shall develop, for the Governor's consideration, a legislative framework for uniform, statewide release of data and information regarding misconduct allegations. This shall include a proposal for development and implementation of a centralized statewide reporting portal and universal phone number for reporting allegations of misconduct.

B. Use of Force Investigation and Review. On or before October 1, 2020, working with community representatives and other interested parties, the Commissioner of DPS shall propose, for consideration by the Governor, a statutory mandate that all lethal force used by law enforcement and all deaths in custody are investigated by the Vermont State Police Major Crime Unit and reviewed independently by the Office of the Attorney General and a State's Attorney in a manner that is free from both actual and apparent conflicts of interest.

C. Community Oversight Models. On or before December 1, 2020, the Commissioner of DPS, in consultation with the Office of Attorney General's Division of Human Rights, and community representatives, shall recommend to the Governor one or more models of civilian oversight of law enforcement and develop a statutory framework for the consideration of the Governor. Any such statutory framework shall include provisions designed to create civilian oversight boards which minimize the risk of conflicts of interest, and the appearance of conflicts of interest between those serving on local civilian oversight boards and law enforcement executives or officers of a given locality. Once such example would be civilian oversight of law enforcement on a county-wide basis structured in a manner that avoids both actual and apparent conflicts of interest.

This Executive Order shall take effect upon execution.

Dated August 20, 2020
3APPENDIX V.S.A. § 59 — VT Code / Title 3APPENDIX / Chapter 3 / Section 59
§ 3-59. Exec. Order No. 3-59 (No. 10-13) [Governor's Workforce Equity and Diversity Council and Development of an Equal Employment Opportunity Program]
Status: in_force

WHEREAS, the State of Vermont is an employer committed to the practice of equal opportunity in all aspects of employment in state government, and

WHEREAS, the State of Vermont is committed to promoting equal employment opportunities by identifying obstacles to employment and career advancement, and endeavoring to remove those obstacles without regard to race, color, religion, national origin, sex, sexual orientation, gender identity, ancestry, place of birth, age, physical or mental condition, or HIV status, and

WHEREAS, the Department of Human Resources is developing a statewide Workforce Planning process that will reflect the benefits of diversity and promote a talented and skilled workforce.

NOW, THEREFORE, BE IT RESOLVED that I, Peter Shumlin, by virtue of the authority vested in me as Governor of the State of Vermont, do hereby re-establish and re-constitute the “Governor's Workforce Equity and Diversity Council” and order as follows.

I. Composition, Appointments, and Process.

The Council shall have up to fifteen members, including:

— The Commissioner of Human Resources or designee,

— The Commissioner of Labor or designee,

— The Commissioner of the Department of Disabilities, Aging and Independent Living or designee,

— A representative from the Vermont State Employees' Association,

— A representative of the Attorney General's Office,

— A representative of the Vermont Commission on Women,

— Up to seven members of the public belonging to historically under-represented or disadvantaged groups, or working for organizations that advocate for such groups or promote the practices of equal opportunity, appointed by the Governor,

— Up to two at large members appointed by the Governor.

Each year the Council shall elect at least one member, but no more than two members, to serve as chair or co-chairs of the Council.

The term of office for Council members shall be two years, with members serving at the pleasure of the Governor. Members may be reappointed to subsequent two year terms.

The Council shall be attached to the Department of Human Resources for administrative support. To the extent funds permit, members of the Council who are not state employees shall receive a per diem pursuant to 32 V.S.A. § 1010(e).

II. Charge.

The Council's duties include but are not limited to the following:

A. Consult with and advise the Commissioner of Human Resources and the Secretary of Administration regarding development, implementation, and the maintenance of the state's Equal Employment Opportunity and Diversity Program(s), and shall report on the integration of diversity issues with statewide planning and development efforts;

B. Meet on a regular basis to ensure ongoing coordination of efforts, monitoring of activities against goals and objectives, and compliance with applicable federal and state laws, mandates, and union contracts, and

C. The Council may establish ad hoc subcommittees and appoint advisors as needed to address specific issues that may arise.

In addition, the Commissioner of Human Resources, with the assistance of the Council, shall:

A. With the approval of the Secretary of Administration, develop, implement, and monitor an Equal Employment Opportunity Program for the State of Vermont that addresses statewide diversity issues and provides support to each state agency or department in developing and implementing individual diversity programs tailored to agency/department needs, and

B. Work with agencies and departments in the preparation, monitoring, and enforcement of agency or department-specific equal employment opportunity and diversity programs, and

C. Work with human resources administrators and labor relations specialists to make available appropriate training and provide support for all agencies and departments, and

D. Ensure that equal opportunity and diversity is an integral part of workforce planning and development throughout the Executive Branch.

E. Submit an annual report to the Governor regarding the progress of the current year's Equal Employment Opportunity Plan and diversity initiatives by January 15th, and

F. Submit the state's Equal Employment Opportunity Plan for the next fiscal year by April 30th for approval by the Governor.

III. Effective Date.

This Executive Order shall take effect upon signing, shall supersede Executive Order 09-02, and shall continue in full force and effect until further order by the Governor.

Dated December 31, 2013.
3 V.S.A. § 1201 — VT Code / Title 3 / Chapter 31 / Section 1201
§ 1201. Definitions
Status: in_force

As used in this chapter:

(1) “Candidate” and “candidate's committee” have the same meanings as in 17 V.S.A. § 2901.

(2) “Commission” means the State Ethics Commission established under subchapter 3 of this chapter.

(3) “Commercially reasonable loan made in the ordinary course of business” means a loan made:

(A) in the usual manner on any recognized market;

(B) at the price current in any recognized market at the time of making the loan; or

(C) otherwise in conformity with reasonable commercial practices among lenders typically dealing in the type of loan made.

(4) “Confidential information” means information that is exempt from public inspection and copying under 1 V.S.A. § 315 et seq. or is otherwise designated by law as confidential.

(5) “Conflict of interest” means a direct or indirect interest of a public servant or such an interest, known to the public servant, of a member of the public servant's immediate family, or of a business associate, in the outcome of a particular matter pending before the public servant or the public servant's public body, or that is in conflict with the proper discharge of the public servant's duties. “Conflict of interest” does not include any interest that is not greater than that of other individuals generally affected by the outcome of a matter.

(6) “County officer” means an individual holding the office of high bailiff, sheriff, or State's Attorney.

(7) “Domestic partner” means an individual in an enduring domestic relationship of a spousal nature with the Executive officer or the public servant, provided the individual and Executive officer or public servant:

(A) have shared a residence for at least six consecutive months;

(B) are at least 18 years of age;

(C) are not married to or considered a domestic partner of another individual;

(D) are not related by blood closer than would bar marriage under State law; and

(E) have agreed between themselves to be responsible for each other's welfare.

(8) “Executive officer” means:

(A) a State officer; or

(B) a deputy under a State officer, including an agency secretary or deputy and a department commissioner or deputy.

(9) “Governmental conduct regulated by law” means conduct by an individual in regard to the operation of State government that is restricted or prohibited by law and includes:

(A) bribery pursuant to 13 V.S.A. § 1102;

(B) neglect of duty by public officers pursuant to 13 V.S.A. § 3006 and by members of boards and commissions pursuant to 13 V.S.A. § 3007;

(C) taking illegal fees pursuant to 13 V.S.A. § 3010;

(D) false claims against government pursuant to 13 V.S.A. § 3016;

(E) owning or being financially interested in an entity subject to a department's supervision pursuant to section 204 of this title;

(F) failing to devote time to duties of office pursuant to section 205 of this title;

(G) engaging in retaliatory action due to a State employee's involvement in a protected activity pursuant to chapter 27, subchapter 4A of this title;

(H) a former legislator or former Executive officer serving as a lobbyist pursuant to 2 V.S.A. § 266(b);

(I) a former Executive officer serving as an advocate pursuant to section 267 of this title; and

(J) creating or permitting to persist any unlawful employment practice pursuant to 21 V.S.A. § 495.

(10) “Immediate family” means an individual's spouse, domestic partner, or civil union partner; child or foster child; sibling; parent; or such relations by marriage or by civil union or domestic partnership; or an individual claimed as a dependent for federal income tax purposes.

(11) “Investment fund” means a widely held investment fund that is publicly traded or available, including a mutual fund, regulated investment company, common trust fund maintained by a bank or similar financial institution, pension or deferred compensation plan, and any other pooled investment fund.

(12) “Lobbyist” and “lobbying firm” have the same meanings as in 2 V.S.A. § 261.

(13) “Person” means any individual, group, business entity, association, or organization.

(14) “Political committee” and “political party” have the same meanings as in 17 V.S.A. § 2901.

(15) “Public servant” means an individual elected or appointed to serve as a State officer, an individual elected or appointed to serve as a member of the General Assembly, a State employee, an individual appointed to serve on a State board or commission, or an individual who in any other way is authorized to act or speak on behalf of the State.

(16) “State officer” means the Governor, Lieutenant Governor, Treasurer, Secretary of State, Auditor of Accounts, or Attorney General.

(17) “Unethical conduct” means any conduct of a public servant in violation of the Code of Ethics, as provided for in this chapter.
3 V.S.A. § 961 — VT Code / Title 3 / Chapter 27 / Section 961
§ 961. Employers
Status: in_force

It shall be an unfair labor practice for an employer:

(1) to interfere with, restrain, or coerce employees in the exercise of their rights guaranteed by section 903 of this title, or by any other law, rule, or regulation;

(2) to dominate or interfere with the formation or administration of any employee organization or contribute financial or other support to it; provided that an employer shall not be prohibited from permitting employees to confer with the employer during working hours without loss of time or pay;

(3) by discrimination in regard to hire and tenure of employment or any term or condition of employment to encourage or discourage membership in any employee organization;

(4) to discharge or otherwise discriminate against an employee because the employee has filed charges or complaints or given testimony under this chapter;

(5) to refuse to bargain collectively with representatives of the employees subject to the provisions of subchapter 3 of this chapter;

(6) to discriminate against an employee on account of race, color, creed, religion, age, disability, sex, sexual orientation, gender identity, or national origin;

(7) to request or require an applicant, prospective employee, or employee to have an HIV-related blood test as a condition of employment;

(8) to discriminate against an applicant, prospective employee, or employee on the basis of a person's having a positive test result from an HIV-related blood test.
3 V.S.A. § 850 — VT Code / Title 3 / Chapter 25 / Section 850
§ 850. Rules; incorporation of federal regulations [Repealed effective January 31, 2029]
Status: repealed

Any federal regulation incorporated by reference into a Vermont Rule as of January 1, 2025 shall continue in effect as a State rule until January 31, 2029 or when the State rule is next amended, whichever is sooner, regardless of whether the federal rule was later repealed or amended. The secretary of an agency or commissioner of a department, as applicable, shall provide notice of these incorporated regulations by posting them on the agency or department website. Nothing in this section shall prevent the secretary or commissioner from adopting or amending a rule pursuant to this chapter, including emergency rulemaking.
3 V.S.A. § 212 — VT Code / Title 3 / Chapter 9 / Section 212
§ 212. Departments created
Status: repealed

The following administrative departments are hereby created, through the instrumentality of which the Governor, under the Constitution, shall exercise such functions as are by law assigned to each department respectively:

(1) The Department of Mental Health

(2) [Repealed.]

(3) The Department of Financial Regulation

(4) The Department of Corrections

(5) The Department of Housing and Community Development

(6), (7) [Repealed.]

(8) The Department of Fish and Wildlife

(9) The Department of Forests, Parks and Recreation

(10) The Department of Health

(11) [Repealed.]

(12) The Department of Labor

(13) The Department of Libraries

(14) The Department of Liquor and Lottery

(15) [Repealed.]

(16) The Military Department

(17) The Department of Motor Vehicles

(18) The Department of Public Safety

(19) The Department of Public Service

(20) The Department for Children and Families

(21) The Department of Taxes

(22) The Department of Environmental Conservation

(23) The Department of Disabilities, Aging, and Independent Living

(24) The Department of Vermont Health Access.
3 V.S.A. § 633 — VT Code / Title 3 / Chapter 21 / Section 633
§ 633. Deduction of premium from retirement allowance
Status: in_force

When a State employee is retired under the Vermont Employees' Retirement System and at such time is, under the provision of section 631 of this title, receiving the benefits of group insurance that provides for continuing the insurance after retirement, or is receiving the benefits of any group insurance policy as defined by 8 V.S.A. chapter 107, said employee may in writing, direct the State Treasurer to deduct from his or her monthly retirement allowance his or her premium therefor notwithstanding any prohibition against assignment contained in chapter 16, subchapter 1 of this title.
3 V.S.A. § 258 — VT Code / Title 3 / Chapter 11 / Section 258
§ 258. Removal of civil officers
Status: in_force

The Governor may remove any civil officer whose appointment devolves upon the Governor in the first instance, whether appointed by him or her or any of his or her predecessors, with or without the advice and consent of the Senate, and appoint a suitable person to succeed such official, subject to removal in his or her discretion, who shall be sworn and give the bond, if any, required by law. Such person, unless sooner removed, shall perform the duties and be entitled to the pay of the person whom he or she succeeds, until March 1 of the next biennial year and until his or her successor is appointed and has qualified.
3 V.S.A. § 465 — VT Code / Title 3 / Chapter 16 / Section 465
§ 465. Termination of service; ordinary death benefit
Status: in_force

(a) Upon the withdrawal of a member from service prior to retirement for reasons other than death, the amount of his or her accumulated contributions will be returnable to him or her. In lieu of such return of contributions, any member who has completed five years of creditable service may allow his or her contributions to remain in the System and receive a deferred vested retirement allowance, commencing no earlier than the early retirement date, which shall be equal to:

(1) an early or normal retirement allowance based on his or her average final compensation at his or her date of termination of service and the number of years of creditable service he or she would have completed had he or she remained in service to his or her normal retirement date; multiplied by

(2) the ratio that the number of his or her years of creditable service at termination of service bears to the number of years of such service he or she would have completed had he or she remained in service to his or her normal retirement date, with early retirement reductions, if applicable.

(b)(1) Upon the death of a member in service who has not reached his or her normal retirement date and who has not completed 10 years of creditable service, as a result of causes other than those specified in section 464 of this title, the member's accumulated contributions shall be paid to such person as he or she shall have designated for such purpose in a writing duly acknowledged and filed with the Board. In the absence of a written designation of beneficiary or in the event the designated beneficiary is deceased, the return of accumulated contributions with interest payable as a result of the death of the member prior to retirement shall be payable as follows:

(A) In the case of an open estate, to the administrator or executor.

(B) In the case of a closed estate and the deceased member's account is valued at less than $1,000.00, in accordance with the Probate Division of the Superior Court decree of distribution.

(C) In the absence of an open estate or Probate Division of the Superior Court decree of distribution, and the deceased member's account is valued at less than $1,000.00 to the surviving spouse of the deceased owner, or, if there is no surviving spouse, to the next of kin according to 14 V.S.A. § 551.

(D) In all other cases, a probate estate shall be opened by the claimant or other interested party in order to determine the appropriate distribution of the proceeds of the deceased member's account. When an estate is opened solely to distribute the proceeds of a deceased member's account under this section, the Probate Division of the Superior Court may waive any filing fees.

(2) In addition, if any member was in service at the date of the member's death or on approved leave of absence for professional study and had completed one or more years of creditable service, or if the member's death was the result of an accident while in service or on leave of absence, a pension equal to 10 percent of the member's average final compensation, but not less than $50.00 per month, will be payable on account of each of the member's dependent children under the age of 18, or, if a dependent student, under the age of 23, not exceeding a total of three. However, if a surviving child of any age was mentally or physically incapacitated to the extent that the child is impeded from substantial gainful employment before attaining age 18, the pension will be payable for the duration of the child's incapacity.

(c) If a Group A, Group D, Group F, or Group G member dies in service after becoming eligible for early retirement or after completing 10 years of creditable service, a retirement allowance will be payable to the member's designated dependent beneficiary during the member's life. If the designated dependent beneficiary so elects, however, the return of the member's accumulated contributions shall be made in lieu thereof.

(d) If a Group C member dies in service after reaching his or her normal retirement date or after completing 10 years of creditable service, a retirement allowance will be payable to the member's dependent spouse during her or his life, or if there be no dependent spouse, or if the dependent spouse dies before the youngest child of the deceased member has attained age 18, age 23 in the case of a dependent student, then to the member's child or children under said age until the youngest of such children attains such age, divided in such manner as the Retirement Board in its discretion shall determine, provided that the total annual payments to all such children shall not exceed the retirement allowance that would have been payable to the dependent spouse. If a member leaves no dependent spouse or child under such age upon his or her death, then a retirement allowance may be payable at the discretion of the Retirement Board to his or her dependent parent or parents, provided that the total allowance payable shall not exceed the retirement allowance that would have been payable to the dependent spouse. In the case of the payment of a retirement allowance under this section to a child of a deceased Group C member who is a dependent student, the retirement allowance shall continue while such child remains a dependent student until he or she attains age 23.

(e) Unless the designated dependent beneficiary elects to receive payment of a deceased member's accumulated contributions as provided under subsection (c) of this section, the retirement allowance payable to the designated dependent beneficiary of a deceased Group A, Group D, or Group F member under this section shall be equal to the retirement allowance that would have been payable had the member elected option 3 and retired on the member's date of death. In the case of a member who has not attained the normal retirement date as of his or her date of death, the retirement allowance shall be computed on the basis of a disability retirement allowance or an early retirement allowance, whichever provides the greater benefit to the dependent beneficiary. If the deceased member has no eligible dependent beneficiary, the member's accumulated contributions shall be payable in accordance with the provisions of subsection (b) of this section.

(f) The retirement allowance payable under this section to a dependent spouse of a Group C member who dies prior to normal retirement date shall be an allowance that will, when added to his or her survivor's insurance benefit, be equal to 70 percent of the retirement allowance that would have been payable to the deceased member had he or she retired on a normal or early retirement allowance, as the case may be, but without actuarial equivalent modification, on the date of the member's death plus 10 percent of his or her average final compensation for each dependent child of the deceased member, not in excess of three, who has not attained age 18 or, if a dependent student, has not attained age 23. Where, pursuant to this section, a retirement allowance is payable to a child or parent eligible for a survivor's insurance benefit, the allowance payable under this subsection shall be inclusive of such person's survivor's insurance benefit.

(g) The provisions of subsections (c), (d), (e), and (f) and subdivision (b)(1) of this section shall not apply if benefits are payable under section 464 of this title. The provisions of subdivision (b)(2) of this section shall not apply if the benefits are paid under subsection 464(d) of this title.

(h) The provisions of subsections (e) and (g) of this section shall be retroactive to November 5, 1969 only for the account of George R. Dearborn, deceased.

(i) Any reduced retirement allowance payable during the life of the retired member, with a provision that it shall continue after his or her death for the life of the member's beneficiary, shall be determined as actuarial equivalents of the retirement allowance under subdivision (a)(1) of this section. Any member who elects to receive such a retirement allowance may elect to receive a benefit further reduced actuarially as prescribed by the Board with the added provision that, should the retired member survive his or her nominated beneficiary, the retirement allowance that would have been payable under subdivision (a)(1) shall be paid to the retired member during the remainder of his or her lifetime. If a member does not make an election as to the form of his or her retirement allowance, he or she shall receive his or her retirement allowance under the provisions of subdivision (a)(1).

(j) The survivors of a member who dies after December 31, 2006 while performing qualified military service shall be entitled to any additional benefits, other than benefit accruals related to the period of qualified military service, that would have been provided under the Plan had the member resumed employment and then terminated employment on account of death.
3 V.S.A. § 925 — VT Code / Title 3 / Chapter 27 / Section 925
§ 925. Mediation; fact finding
Status: repealed

(a) Whenever the representatives of a collective bargaining unit and the representative of the employer, after a reasonable period of negotiation reach an impasse during the course of collective bargaining on subjects defined in section 904 of this title, the Board, upon petition of either or both parties, may authorize the parties to submit their differences to mediation. The Board shall within five days appoint a mediator who shall communicate with the employer and the employees or their representatives and endeavor by mediation to obtain an amicable settlement. Any mediator so appointed shall be a person of high standing in no way actively connected with labor or management.

(b) If after a reasonable period of time not less than 15 days after the appointment of a mediator the impasse is not resolved, the mediator shall certify to the Board that the impasse continues. The Board shall appoint a fact finder mutually agreed upon by the parties. If the parties do not agree, the Board may appoint a neutral third party to act as fact finder pursuant to rules adopted by the Board.

(c) [Repealed.]

(d) The fact finder shall conduct hearings, pursuant to rules established by the Board. Upon request of either party or of the fact finder, the Board may issue subpoenas of persons and documents for the hearings and the fact finder may require that testimony be given under oath and may administer oaths.

(e) Nothing herein shall prohibit a fact finder from endeavoring to mediate the dispute, which the fact finder is considering, at any time prior to the issuance of recommendations.

(f) The fact finder shall consider, if applicable to the issues, the following factors, among others, in making a recommendation:

(1) wage and salary schedules and employee benefits to the extent they are inconsistent with prevailing rates both internally and in commerce and industry for comparable work within the State;

(2) work schedules relating to assigned hours and days of the week as they relate to the employee's needs and the general public's requirement for continual service;

(3) general working conditions as they compare with generally accepted safety standards and conditions prevailing in commerce and industry within the State.

(g) Upon completion of the hearings, the fact finder shall make and file with both parties written findings and recommendations.

(h) The costs of witnesses and other expenses incurred by either party in fact-finding proceedings shall be paid directly by the party incurring them, and the costs and expenses of the fact finder shall be divided equally between the parties. Each party shall make payment of its half of the total to the fact finder within 15 days after receipt of the fact finder's bill.

(i)(1) In the case of the Vermont State Colleges or the University of Vermont, if the dispute remains unresolved 20 days after transmittal of findings and recommendations to the parties or within a time frame mutually agreed upon by the parties that may be not more than an additional 30 days, each party shall submit as a single package its last best offer on all disputed issues to the Board. Each party's last best offer shall be filed with the Board under seal and shall be unsealed and placed in the public record only when both parties' last best offers are filed with the Board. The Board shall hold one or more hearings. Within 30 days of the certifications, the Board shall select between the last best offers of the parties, considered in their entirety without amendment.

(2)(A) In the case of the State of Vermont or the Department of State's Attorneys and Sheriffs, if the dispute remains unresolved 20 days after transmittal of findings and recommendations to the parties or within a time frame mutually agreed upon by the parties that may be not more than an additional 30 days, each party shall submit as a single package its last best offer on all disputed issues to the Board, or upon the request of either party, to an arbitrator mutually agreed upon by the parties. If the parties cannot agree on an arbitrator, the American Arbitration Association shall appoint a neutral third party to act as arbitrator.

(B)(i) Each party's last best offer shall be filed with the Board or the arbitrator under seal and shall be unsealed and placed in the public record only when both parties' last best offers are filed with the Board or the arbitrator.

(ii) A party's last best offer shall not include a proposal to:

(I) provide alternative health coverage to retired State employees that has not been agreed to pursuant to the provisions of subdivision 479(a)(2) of this title; or

(II) provide health coverage that includes a Medicare Advantage plan or similar plan established pursuant to Title XVIII of the Social Security Act unless the inclusion of the plan has been agreed to by both parties.

(iii) The Board or the arbitrator shall hold one or more hearings. Within 30 days of the certifications, the Board or the arbitrator shall select between the last best offers of the parties, considered in their entirety without amendment.

(j) Notwithstanding the provisions of subsection (i) of this section:

(1) In the case of the Vermont State Colleges or the University of Vermont, should the Board find the last best offers of both parties unreasonable and likely to produce undesirable results, or likely to result in a long-lasting negative impact upon the parties' collective bargaining relationship, then the Board may select the recommendation of the fact finder under subsection (g) of this section as to those disputed issues submitted to the Board in the last best offers.

(2) In the case of the State of Vermont or the Department of State's Attorneys and Sheriffs, should the Board or the arbitrator find the last best offers of both parties unreasonable and likely to produce undesirable results, or likely to result in a long-lasting negative impact upon the parties' collective bargaining relationship, then the Board or the arbitrator may select the recommendation of the fact finder under subsection (g) of this section as to those disputed issues submitted to the Board or the arbitrator in the last best offers.

(k)(1) In the case of the University of Vermont or the Vermont State Colleges, the decision of the Board shall be final and binding on each party.

(2) In the case of the State of Vermont or the Department of State's Attorneys and Sheriffs, the decision of the Board or the arbitrator shall be final, and the terms of the chosen agreement shall be binding on each party, subject to appropriations in accordance with subsection 982(d) of this title.

(l) Nothing herein shall be construed to permit an arbitrator or the Board to issue an order under subsection (i) of this section binding upon the parties that is in conflict with any statute or any rule or regulation that is not bargainable.
3 V.S.A. § 832 — VT Code / Title 3 / Chapter 25 / Section 832
§ 832. Exemptions; limitations
Status: in_force

(a) No agency shall be required to adopt a procedure or rule:

(1) which may result in the disclosure of information considered by statute to be confidential;

(2) setting forth guidelines to be used by the staff of an agency in the performance of audits, investigations, inspections, in settling commercial disputes or negotiating commercial arrangements, or in the defense, prosecution, or settlement of cases, if the disclosure of the statement would:

(A) enable law violators to avoid detection;

(B) facilitate disregard of requirements imposed by law; or

(C) give a clearly improper advantage to persons who are in an adverse position to the state; or

(3) describing the content of an agency budget.

(b) Subsection 831(c) of this title does not require any agency to adopt rules:

(1) establishing specific prices to be charged for particular goods or services sold by an agency;

(2) concerning only the physical servicing, maintenance, or care of agency owned or operated facilities or property;

(3) relating only to the use of a particular facility or property owned, operated, or maintained by the State or any of its subdivisions, if the substance of that rule is adequately indicated by means of signs or signals to persons who use the facility or property; or

(4) concerning only inmates of a correctional or detention facility, students enrolled in an educational institution, or patients admitted to a hospital, if adopted by that facility, institution, or hospital.

(c) Subsections 831(b) and (c) of this title do not require the Attorney General to adopt procedures or rules describing the content of opinions or other legal advice given to agencies.

(d) Notwithstanding subsections 831(b) and (c) of this title, when an agency receives a request to adopt a procedure or rule, it may elect to issue a declaratory ruling when it has in effect a procedure or rule, as requested, which disposes of the question presented.
3APPENDIX V.S.A. § 5 — VT Code / Title 3APPENDIX / Chapter 13 / Section 5
§ 13-5. Exec. Order No. 13-5 (No. 09-10) [Vermont Center for Justice Research]
Status: in_force

Superseded and replaced by Executive Order No. 13-7 (codified as Executive Order No. 06-14), dated November 4, 2014.
3 V.S.A. § 2852 — VT Code / Title 3 / Chapter 51 / Section 2852
§ 2852. Mandatory duties
Status: in_force

(a) The commissioner shall, with approval of the Secretary, determine the policies of the department and may exercise the powers and shall perform the duties required for its effective administration.

(b) In addition to other duties imposed by law, the commissioner shall:

(1) administer the laws assigned to the department;

(2) coordinate and integrate the work of the divisions; and

(3) supervise and control all staff functions.
3APPENDIX V.S.A. § 73 — VT Code / Title 3APPENDIX / Chapter 3 / Section 73
§ 3-73. Exec. Order No. 3-73 (No. 03-16) [Publicly Funded Housing for the Homeless]
Status: in_force

WHEREAS, homelessness has been a persistent and growing problem within Vermont for more than 30 years, affecting children, young adults, working families, and veterans;

WHEREAS, both the financial and human costs of homelessness strain public services including health care, mental health care, and education;

WHEREAS, as federal housing resources have declined, affordable housing production in Vermont has slowed and homelessness has increased;

WHEREAS, Vermont has a commitment to the quality of life for all of its citizens, including through the launch of a statewide initiative to end child and family homelessness in Vermont by 2020;

WHEREAS, State investments targeted to Vermonters experiencing homelessness — including the Vermont Rental Subsidy, Family Supportive Housing, Housing Opportunity Program, and Subsidy and Care Program — have shown effectiveness at breaking the cycle of homelessness;

WHEREAS, housing partners such as the Vermont State Housing Authority, the Vermont Housing Finance Agency, and the Vermont Housing and Conservation Board have targeted and coordinated resources to create supportive housing opportunities for Vermonters who are homeless;

WHEREAS, the 2015 annual point-in-time count showed a modest decrease in homelessness statewide, and housing partners across Vermont should commit to building on successes to date; and

WHEREAS, in addition to increasing access to affordable housing, success in ending homelessness requires a coordinated continuum of supports and services including Short-Term Emergency Shelter, Targeted Transitional Housing, Rental Subsidies, Targeted Homelessness Prevention Activities, Rapid Re-Housing, and Supportive Housing.

NOW, THEREFORE BE IT RESOLVED I, Peter E. Shumlin, by virtue of the power vested in me as Governor, do hereby establish a goal that owners of publicly funded housing make available at least 15% of their affordable housing portfolio to homeless families and individuals, including those with special needs who require service support and rental assistance to secure and maintain their housing.

To implement this goal, I hereby direct that:

1. Housing organizations and homeless service providers that receive state funds, state-allocated grants, and/or state tax credits shall work together to coordinate rental subsidies, services, and economic support such that, when publicly supported housing units become available, homeless families and individuals have the assistance and support needed to make use of those units. These organizations are encouraged to adopt Memoranda of Understanding or other mechanisms as tools to plan for achievement of this goal.

2. To ensure that homeless Vermonters have both the necessary supports and affordable housing to achieve success, the Agency of Human Services (“AHS”) shall prioritize and coordinate services and subsidies to homeless families and individuals, and shall encourage recipients of AHS grants to work together with housing partners to meet the 15% goal.

3. Public housing authorities and owners of privately owned publicly supported affordable housing are encouraged to work towards the goal of making at least 15% of their units available to homeless families and individuals as units change hands and are developed.

4. The Vermont Community Development Program (“VCDP”), the Vermont Housing and Conservation Board (“VHCB”), and the Vermont Housing Finance Agency (“VHFA”) shall work together to develop funding criteria that requires applicants for housing grants or tax credits to describe plans and tools to achieve the goal of making at least 15% of their permanent, publicly supported housing units available to the homeless. These funding criteria shall apply to all applicants for housing grants or tax credits, subject to limited exceptions. Applicants will also be asked to describe any “non-permanent” assistance, such as shelter beds or transitional housing units. VCDP, VHCB, and VHFA shall report annually to the Agency of Commerce and Community Development and AHS on the results of this effort.

5. AHS shall provide training to housing managers and housing and homeless service providers on how to successfully work with formerly homeless households.

6. State agencies and housing agencies are encouraged to seek new sources of federal and philanthropic funding for housing development, services and subsidies.

7. In working towards the 15% goal, owners of age-restricted housing shall not be required to make units available to individuals who do not meet their age restrictions.

This Executive Order shall take effect upon signing.

Dated April 20, 2016
3 V.S.A. § 158 — VT Code / Title 3 / Chapter 7 / Section 158
§ 158. Attendance at sessions of General Assembly
Status: in_force

When required by either branch of the General Assembly, the Attorney General shall attend its sessions and advise and assist in the preparation of legislative business and documents.
3 V.S.A. § 4021 — VT Code / Title 3 / Chapter 67 / Section 4021
§ 4021. Adoption of State agency plans
Status: in_force

By January 1, 1991, each State agency that has programs or that takes actions affecting land use shall adopt an interim plan that is compatible with regional and approved municipal plans, and that is consistent with the goals established in 24 V.S.A. § 4302. By January 1, 1993, each State agency that has programs or that takes actions affecting land use shall adopt a plan that is compatible with regional plans and approved municipal plans and that is consistent with the goals established in 24 V.S.A. § 4302. Thereafter, the agency shall readopt its plan biennially to ensure that its plan remains compatible with regional plans and approved municipal plans and remains consistent with the goals established in 24 V.S.A. § 4302. The term “approved municipal plans” as used in this section has the meaning established in 24 V.S.A. § 4350.
3 V.S.A. § 262 — VT Code / Title 3 / Chapter 11 / Section 262
§ 262. Employment of aliens
Status: in_force

No department or commission of the State government shall regularly employ an alien. However, physicians or other qualified health personnel required to have specialized or graduate training, each of whom has filed a declaration of intention to become a citizen, may be considered as eligible for employment in the absence of a register of qualified applicants for vacancies. The Commissioner of Corrections may employ alien physicians in a postgraduate training position for a period not to exceed two years. The Secretary of Transportation, as an emergency measure due to a nationwide shortage of engineers may employ not more than 10 qualified aliens, each of whom has filed a declaration to become a citizen; admitted under the Refugee Relief Act of 1953, as amended, or paroled in under the Immigration and Nationality Act of 1952, for a period not to exceed five years from date of appointment as a State employee, in engineering positions in the Agency of Transportation to expedite the surveying, designing, and construction of Vermont highways and bridges. The Department of Development may employ outside the classified service aliens in any office located outside the United States, providing the individuals so employed are citizens of the nation in which the office is located.
3APPENDIX V.S.A. § 12 — VT Code / Title 3APPENDIX / Chapter 29 / Section 12
§ 29-12. Exec. Order No. 29-12 (No. 23-86) [Transfer of Land and Premises in City of Rutland From Agency of Administration to Military Department]
Status: in_force

WHEREAS, it appears that certain land and premises located in the City of Rutland, County of Rutland and State of Vermont, hereinafter described and presently under the jurisdiction and control of the Agency of Administration, Department of State Buildings, has become and is no longer necessary for purposes of the Agency of Administration; and

WHEREAS, the Military Department, State of Vermont, desires the use of said land and premises for its purposes;

NOW THEREFORE, I, Madeleine M. Kunin, by virtue of the powers vested in me as Governor of Vermont, do hereby transfer and set over from the Agency of Administration to the jurisdiction and control of the Military Department for its purposes the following described land and premises, to wit:

Being part of the same land and premises acquired by the State of Vermont from Evelyn Pierpoint, et al. by Warranty Deed dated June 29, 1897, and recorded in Book 36, Pages 657-658 of the City of Rutland Land Records and being more particularly described as follows:

Beginning at a point marked with a stone bound on the easterly sideline of Pierpoint Avenue approximately 685 feet northerly of the center line of State Street, which now marks the division line between the lands of the State of Vermont and the Vermont National Guard, thence running northerly along a bearing of N 1° 13′09″ E a distance of 295.0 feet to an Iron Pin Set Flush (IPSF), thence running in a northerly direction along an arc of a circle with a radius of 692.05′ curving to the right an arc distance of 221.14 l.f. along the easterly boundary of Pierpoint Avenue, the chord of said arc running N 10° 22′21″ E for a distance of 220.19 feet, thence running N 19° 31′38″ E for a distance of 29.59 feet, thence continuing in a northerly direction along an arc of a circle with a radius of 1170.75 feet curving to the left an arc distance of 130.50 feet along the easterly boundary of Pierpoint Avenue, the chord of such arc running N 16° 19′59″ E for a distance of 130.43 feet to an Iron Pin Set Flush (IPSF), thence turning a sharp angle to the right and running S 35° 25′24″ E for a distance of 561.03 feet to a point in the East Creek, (this line is the division line of property deeded to the City of Rutland by the State, June 9, 1956 and recorded, BK 103, PG. 117 and land herein described), thence turning a sharp angle to the right and running S 32° 58′31″ W for a distance of 8.41 feet to a point in the East Creek, thence turning a slight angle to the left and running S 20° 20′40″ W for a distance of 194.37 feet to a point thence turning a slight angle to the left and running S 13° 52′20″ W for a distance of 25.00 feet more or less to a point in East Creek, thence turning a sharp angle to the right and running N 87° 37′40″ W for a distance of 340.0 feet more or less to the point of beginning.

The parcel herein described contains approximately 4.15 acres, more or less.

Dated May 31, 1986.
3APPENDIX V.S.A. § 3 — VT Code / Title 3APPENDIX / Chapter 29 / Section 3
§ 29-3. Exec. Order No. 29-3 (No. 58-81) [Transfer of Property in Highgate From Agency of Environmental Conservation to Agency of Transportation]
Status: in_force

WHEREAS, it appears that certain land hereinafter described and located in the town of Highgate, County of Franklin and State of Vermont and presently under the jurisdiction and control of the Agency of Environmental Conservation, and is necessary for Agency of Transportation purposes; and

WHEREAS, the Agency of Transportation desires the transfer of said hereinafter described land for the purpose of providing access for A. N. Deringer, Incorporated in common with others;

NOW, THEREFORE, I, Richard A. Snelling, by virtue of the powers vested in me as Governor of Vermont, do hereby transfer and set over from the Agency of Environmental Conservation, to the jurisdiction and control of the Agency of Transportation for the aforesaid purpose the following described land, to wit:

Being a portion of the same land and premises that was transferred from the Department of Highways to the Department of Forest and Parks by Executive Order #8-73, dated May 9, 1973 and recorded June 7, 1973 in Book 59, Page 15 in the office of the Clerk of the Town of Highgate.

Reference is hereby made to the above mentioned conveyance and records thereof and to the following instrument of conveyance in aid of a more complete description and further chain of title.

Quit-Claim Deed dated March 30, 1968 and recorded in Book 53, Page 190 of the aforesaid Town of Highgate Land Records, and being more particularly described as follows:

Beginning at a point 312 feet distant northwesterly at right angle from approximate station 952 + 05 of the established Baseline (Baseline hereinafter referred to as BL) of Highway Project Highgate I 89-3 (6);

thence 85 feet, more or less, northwesterly to a point 300 feet distant northwesterly at right angle from approximate station 952 + 85 of said BL;

thence 264 feet, more or less, northerly to a point 410 feet distant northwesterly at right angle from approximate station 955 + 25 of said BL;

thence 50 feet, more or less, easterly to a point 365 feet distant northwesterly at right angle from approximate station 955 + 45 of said BL;

thence 284 feet, more or less, southerly to a point 250 feet distant northwesterly at right angle from approximate station 952 + 85 of said BL;

thence 40 feet, more or less, southwesterly to a point 255 feet distant northwesterly at right angle from approximate station 952 + 45 of said BL;

thence 80 feet, more or less, westerly to the point of beginning.

Said parcel of land is shown on a plat entitled “State of Vermont, Agency of Transportation, Town of Highgate”, and dated January 19, 1981, which plat is attached hereto and made a part hereof.

Dated March 4, 1981.