3APPENDIX V.S.A. § 8 — VT Code / Title 3APPENDIX / Chapter 21 / Section 8
§ 21-8. Exec. Order No. 21-8 (No. 01-05) [Merger of Department of Labor and Industry and Department of Employment and Training]
Status: in_force

WHEREAS, the Governor, pursuant to 3 V.S.A. Section 2001, may make such changes in the organization of the executive branch or in the assignment of functions among its units as he considers necessary for efficient administration; and

WHEREAS, it is desirable to reorganize the departments and divisions of government by better coordinating certain activities and improve the coordination and effectiveness of services to the public; and

WHEREAS, the missions of both the Department of Labor and Industry and the Department of Employment and Training involve ensuring and providing employment security, employment related services, labor market information, compensation, safety and training for Vermont workers and their employers, as well as providing for the public safety and welfare; and

WHEREAS, the State could improve and enhance services to the public through the merger of the Department of Labor & Industry and the Department of Employment and Training into a single Department.

NOW THEREFORE, by virtue of the authority vested in me by 3 V.S.A. chapter 41 as Governor, I, James H. Douglas, do hereby create a Department of Labor by merging the Department of Labor and Industry and the Department of Employment and Training. The Department of Labor shall be successor to the Department of Labor and Industry and the Department of Employment and Training.

1. All duties, responsibilities and authority of the Department of Labor and Industry and the Department of Employment and Training are hereby transferred to the Department of Labor.

2. The positions of Commissioner of Labor and Industry and Commissioner of Employment and Training are abolished and all the duties, responsibilities, and authority of those Commissioners are hereby transferred to the Commissioner of the Department of Labor.

3. All other authorized positions and equipment of the Department of Labor and Industry and the Department of Employment and Training are transferred to the Department of Labor.

4. The following Boards, Commissions, and Councils are attached to the Department of Labor for administrative purposes: Electricians' Licensing Board, Plumbers' Examining Board, Apprenticeship Council, the Passenger Tramway Board, Workers' Compensation Advisory Council, Human Resources Investment Council (HRIC), Employment Security Board, Unemployment Advisory Council, and Displaced Homemaker Policy Council.

5. Effective July 1, 2005, the Department of Labor shall administer all programs formerly administered by the Department of Labor and Industry and the Department of Employment and Training, including, but not limited to:

• Workers' Compensation program (21 V.S.A. §§ 601-1023);

• V.O.S.H.A. and Project WorkSAFE programs (21 V.S.A. §§ 201-232 and 18 V.S.A. §§ 1415-1418 (transferred to Labor & Industry by Executive Order No. 21-7 dated 12/21/2001));

• Passenger Tramway program (31 V.S.A. §§ 701-712);

• Apprenticeship law (21 V.S.A. §§ 1101-1105);

• State and Federal job training and employment services programs, including those authorized by 21 V.S.A. §§ 1201-1206 and 21 V.S.A. §§ 1231-1232 and 10 V.S.A. §§ 531, 541, 542;

• Youth in Agriculture (21 V.S.A. §§ 1151-1153);

• Electrician Licensing (26 V.S.A. §§ 881-915 and 9 V.S.A. §§ 3201-3206), Plumbing Inspection and Licensing (26 V.S.A. §§ 2171-2199), and Elevator Inspection and Licensing programs (21 V.S.A. §§ 141-157);

• Unemployment Compensation law (21 V.S.A §§ 1301-1461);

• Employee Leasing (21 V.S.A. §§ 1031-1043);

• Wage/Hour and Child Labor program (21 V.S.A. §§ 301-519).

• Wage/Hour and Child Labor program (21 V.S.A. §§ 301-519).

6. Effective July 1, 2005, the Department shall consist of three divisions: the Division of Workers' Compensation and Safety, the Division of Workforce Development, and the Division of Unemployment Insurance and Wages.

7. The Department of Labor shall be headed by a Commissioner appointed by the Governor, with advice and consent of the Senate. The Commissioner of Labor may appoint the following exempt positions: an executive assistant, a director to head each division, a deputy, and a general counsel.

8. The Commissioner of Labor shall further study the effectiveness, priority and delivery of services and shall report to the governor by November 15, 2005, any further recommendation for restructuring and/or statutory changes.

This Executive Order shall take effect on July 1, 2005, unless disapproved by the General Assembly pursuant to 3 V.S.A. § 2002. This Executive Order shall be submitted to the General Assembly pursuant to 3 V.S.A. § 2002(b).

Dated January 14, 2005
3 V.S.A. § 903 — VT Code / Title 3 / Chapter 27 / Section 903
§ 903. Employees' rights and duties; prohibited acts
Status: in_force

(a) Employees shall have the right to self-organization; to form, join, or assist employee organizations; to bargain collectively through representatives of their own choice; and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all such activities, except as provided in subsections (b) and (c) of this section, and to appeal grievances as provided in this chapter.

(b) A State employee may not strike or recognize a picket line of an employee or labor organization while in the performance of his or her official duties.

(c) An employee who exercises the right not to join the employee organization representing the employee's collective bargaining unit shall pay the collective bargaining service fee to the representative of the bargaining unit in the same manner as employees who pay membership fees to the representative. The employee organization shall indemnify and hold the employer harmless from any and all claims stemming from the implementation or administration of the collective bargaining service fee. Nothing in this section shall require an employer to discharge an employee who does not pay the collective bargaining service fee.

(d) All employers, their officers, agents, and employees or representatives shall exert every reasonable effort to make and maintain agreements concerning matters allowable under section 904 of this title and to settle all disputes, whether arising out of the application of those agreements or growing out of any dispute between the employer and the employees thereof.

(e) Employees who are members of the employee organization shall have the right to automatic membership dues deductions. Upon receipt of a signed authorization to commence automatic membership dues deductions from an employee, the employer shall, as soon as practicable and in any event, not later than 30 calendar days after receiving the authorization, commence withholding from the employee's wages the amount of membership dues certified by the employee organization. The employer shall transmit the amount withheld to the employee organization on the same day as the employee is paid. Nothing in this subsection shall be construed to require a member of an employee organization to participate in automatic dues deduction.
3 V.S.A. § 910 — VT Code / Title 3 / Chapter 27 / Section 910
§ 910. Annual list of employees in bargaining unit
Status: in_force

(a) Annually, or on a more frequent basis if mutually agreed to by the employer and the employee organization, the employer shall provide the employee organization that is the exclusive representative of a bargaining unit with a list of all employees in that bargaining unit.

(b) The list shall include, as appropriate, each employee's name, work location, job classification, and contact information. As used in this section, “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 shall be in alphabetical order by last name and provided in electronic format.

(d) The list shall be kept confidential by the employer and the employee organization and shall be exempt from copying and inspection under the Public Records Act.
3APPENDIX V.S.A. § 8 — VT Code / Title 3APPENDIX / Chapter 15 / Section 8
§ 15-8. Exec. Order No. 15-8 (No. 04-06) [Creation of the Vermont Council on Domestic Violence]
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. § 57 — VT Code / Title 3APPENDIX / Chapter 20 / Section 57
§ 20-57. Exec. Order No. 20-57 (No. 05-19) [Emergency Communications Advisory Council]
Status: in_force

WHEREAS, in 2012, Congress enacted The Middle Class Tax Relief and Job Creation Act that created FirstNet, the authority within the National Telecommunications and Information Administration (NTIA) to oversee the building, deployment and operation of the Nationwide Public Safety Broadband Network (NPSBN); and

WHEREAS, by Executive Order 05-13 (codified as Executive Order 20-49), effective April 30, 2013, Governor Peter Shumlin created the Vermont Public Safety Broadband Network Commission (“Commission”), to help plan, develop, and implement an interoperable wireless network to support the communication needs of Vermont's first responders and others; and

WHEREAS, after four years of study and consideration, in consultation with a professional technical consultant, the first responder community and the Treasurer's Office, and after a competitive process conducted to assess the alternatives and an independent review conducted on behalf of the Agency of Digital Services, at its November 20, 2017 meeting the Commission voted to recommend the Governor opt-in to the FirstNet solution for the State of Vermont, thus fulfilling the Commission's charge to advise the Governor on issues related to the development of a public safety broadband network in Vermont; and

WHEREAS, on November 29, 2017, Governor Philip B. Scott officially “opted-in” to the federal FirstNet plan, allowing FirstNet and AT to begin deployment of the NPSBN in Vermont; and

WHEREAS, the initial deployment of the NPSBN will take place over a five-year period from 2018-2022 and will require feedback and evaluation from Vermont's public safety community; and

WHEREAS, the deployment of broadband technology interfaces with other types of emergency communication, such as Next Generation 911, Land Mobile Radio, microwave and fiber-based systems; and

WHEREAS, it is in the best interest of the Vermont public safety community to plan for the use of this evolving technology.

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

I. Composition and Appointments.

The Vermont Public Safety Broadband Network Commission is hereby renamed the “Emergency Communications Advisory Council.”

The Council shall include the Commissioner of the Department of Public Safety, or designee, the Director of Vermont Emergency Management and the Statewide Interoperability Coordinator from the Department of Public Safety and the Colonel of the Vermont State Police, or designee; the Executive Director of the Enhanced 9-1-1 Board, or designee; the Commissioner of the Department of Public Service, or designee; the Secretary of the Agency of Transportation, or designee; and the Secretary of Digital Services, or designee.

The Governor shall appoint members from the Vermont State Firefighters Association; Professional Firefighters of Vermont; Vermont Fire Coalition; municipal law enforcement; Sheriffs; Emergency Medical Service personnel; and one at-large member.

These Council members Council members shall be appointed by the Governor to three-year terms, except that the Governor shall stagger initial appointments so that the terms of no more than four members expire during a calendar year. In appointing Council members, the Governor shall give due consideration to the different geographical regions of the State, and the need for balance between rural and urban areas. Council members shall serve at the pleasure of the Governor.

All Council members shall be voting members.

II. Charge.

The purpose of the Council shall be the following:

• Advise the Governor on issues related to the NPSBN and on emergency communications, generally, in Vermont;

• Advise on the needs of Vermont's public safety community as it relates to FirstNet and the need for an interoperable, robust, reliable and affordable cellular broadband network, including advice on the placement of fixed network assets and deployables;

• Advise on protocols and policies related to the NPSBN and, as needed, on emergency communications generally; and

• Advise on planning activities needed to prepare Vermont's public safety community for emergency communications technology transitions.

The Council shall report to the Governor bi-annually on the NPSBN in Vermont and nationally, and shall include information regarding the use of grant money received in Vermont for coordination efforts during the initial deployment phases of the NPSBN.

III. Council Process.

The Commissioner of the department of Public Safety shall appoint the Chair of the Council, which may be the Commissioner. The Council shall meet at the call of the Chair and shall keep the Governor apprised on the State's overall interactions with FirstNet and the deployment of the NPSBN in Vermont and emergency communications generally. The Council may select a Vice Chair. If necessary, the Council may designate an Executive Committee and other subcommittees. A majority of members shall constitute a quorum.

The Council shall receive administrative support from the Department of Public Safety and meet on an as-needed basis.

Members who are not otherwise employed by the State, a County or a municipality may receive per diem compensation in accordance with 32 V.S.A. § 1010(e).

IV. Effective Date.

This Executive Order shall take effect upon signing and shall supersede and replace Executive Order 05-13 (codified as Executive Order 20-49), dated April 30, 2019 and Executive Order No. 02-12 (codified as E.O. 20-44), dated January 17, 2012.

Dated July 9, 2019
3APPENDIX V.S.A. § 3 — VT Code / Title 3APPENDIX / Chapter 23 / Section 3
§ 23-3. Exec. Order No. 23-3 (No. 04-23) [We are Vermont Strong Tough Too!]
Status: in_force

WHEREAS, on Sunday, July 9, 2023, the Governor issued Executive Order 03-23, Declaration of State of Emergency, Guard Call-Out and Activation of Emergency Operations Plan for the State of Vermont in Response to Anticipated Storm-Related Damage (“Emergency Declaration”), declaring a state of emergency for the State of Vermont in response to the July 2023 severe storm (“Flooding of 2023”); and

WHEREAS, on July 10, 2023, the President declared that an emergency exists in the State of Vermont; and

WHEREAS, once it became clear flood damage and mudslides from a storm in the Killington area July 7, 2023, and excessive rain, flooding, water runoff, erosion and resulting damages statewide during the period July 9-11, 2023, were not going to be isolated incidents, but rather part of series of events which would continue throughout the coming week, with widespread flooding, repeated flash flooding, water runoff, erosion and mudslides due to inundated soils and slope instability, statewide, the Governor, in consultation with FEMA, requested a Presidential Declaration of a Major Disaster for the period July 7, 2023, and continuing; and

WHEREAS, on July 14, 2023, the President issued a Major Disaster Declaration based on flooding beginning on July 7, 2023, and continuing (the “Major Disaster Declaration”); and

WHEREAS, the scope and severity of the Flooding of 2023 may exceed that of Tropical Storm Irene in 2011; an

WHEREAS, 2012 Acts and Resolves, No. 71, as amended by 2012 Acts and Resolves No. 143, Sec. 13, 2014 Acts and Resolves No. 189, Sec. 26, and 2017 Acts and Resolves No. 71, Sec. 24 (the “Act”), authorizes the Vermont Department of Motor Vehicles to procure and sell a “Vermont Strong” Commemorative Motor Vehicle Plate; and

WHEREAS, through this Executive Order the Governor intends to do the same for the victims of the 2023 Flooding by honoring the intent and policy of the Legislature as expressed in the Act “to recognize all of those who have suffered losses because of the destruction brought by Tropical Storm Irene and the flooding of 2011, and to commemorate the contributions of the many who are helping to rebuild Vermont and to make it stronger”; and

WHEREAS, the accounting mechanisms, pricing and fund allocation established in the Act are outdated and need to be updated to comply with the intent of the Legislature to ensure the integrity of the inventory management, accounting and allocation of funding to meet the needs of the victims of the 2023 Flooding; and

WHEREAS, the “I Am Vermont Strong” commemorative motor vehicle plate continues to be a symbol of Vermont's resiliency; and

WHEREAS, the Flooding of 2023 has again tested the resolve of the State and the rescue and recovery work of Vermonters, and our Vermont communities have proven We Are VERMONT STRONG and Tough Too!; and

WHEREAS, I am directing 1) the refresh and redesign of the Vermont Strong Commemorative Motor Vehicle Plate for sale to raise and allocate funds as set forth in this Executive Order; 2) the Department of Motor Vehicles to use updated technological tools to establish secure inventory management and accountable sales and resale processes; 3) the establishment of a new program code within the Vermont Strong commemorative plate fund established pursuant to the Act for the collection of fund receipts (the “Fund”); 4) an increase in the price of the commemorative plates from $25 to $35 to maximize returns to Vermonters in need; and 5) the innovative partnering with corporate and other partners who have expressed a desire to assist the State with raising funds for the purposes set forth in the Act and this Executive Order; and

WHEREAS, the Secretary of State's corporate registration records reflect the “Vermont Disaster Relief Fund,” a recipient of funding under the Act, is the expired assumed name of the “Vermont Long Term Disaster Recovery Group, Inc.,” a terminated domestic non-profit corporation; and as such it is no longer legally feasible to make donations to Vermont Disaster Relief Fund; and

WHEREAS, understanding impacted individual and families have a wide range of needs to respond to and recover from the July 2023 flooding, including housing, clean up, transportation, personal property repairs, food, essential goods and more making it important to fund multiple programs in support of these needs; and

WHEREAS, to ensure the equitable allocation of Fund receipts to those with the greatest needs, after paying costs to the State, I am allocating 50% of Fund receipts to The Vermont Community Foundation, a well-regarded Vermont non-profit in good standing which is already providing substantial relief to victims of the 2023 Flooding; and 50% to the Agency of Commerce and Community Development's Business Emergency Gap Assistance Program, recently authorized by the E-Board; and

WHEREAS, I have authorized the creation of a special fund for the receipt of restricted donations intended for use by the State for purposes of emergency management in accordance with 20 V.S.A. § 17(b); and

WHEREAS, it is my intent to again recognize the Vermonters, Vermont businesses and Vermont communities suffering the worst impacts of the Flooding of 2023, commemorate the contributions of all who are helping to rebuild Vermont and provide an additional opportunity to support State recovery efforts through the sale of two approved Commemorative Motor Vehicle Plates: We are VERMONT STRONG and We are VERMONT STRONG Tough Too!™; and

WHEREAS, a governor has an obligation to use the Executive's Constitutional spending power in a way consistent with the legislative policy decision that lies at the core of the legislative function, and I have determined that the program set forth in this Executive Order will not compromise the achievement of underlying legislative purposes and goals of the Act.

NOW THEREFORE I, Philip B. Scott, pursuant to the authority vested in me as Governor of the State of Vermont, do hereby order and direct:

1. Commemorative Plate Procurement and Sale. The Department of Motor Vehicles (“DMV”) shall procure and distribute Commemorative Motor Vehicle Plates pursuant to its authority under the Act using the two approved designs attached to this Executive Order. DMV shall sell and shall sell to other persons for resale, Commemorative Motor Vehicle Plates for $35.00 per plate.

2. Promotional Bundles. DMV may enter into an agreement with Darn Tough Socks pursuant to which Darn Tough Socks agrees to manufacture and sell to the State 5,000 pairs of limited-edition socks at a discounted price and DMV agrees to purchase the socks for resale at a price set forth in the Agreement, in accordance with this Executive Order. DMV shall re-sell the socks exclusively with a Commemorative Motor Vehicle Plate as a promotional “bundle” intended to maximize funds raised for the purposes of the Act and this Executive Order. Darn Tough Socks shall agree to a system by which it shall distribute socks to purchasers. DMV may enter into agreements with other partners to structure similar “bundles” designed to maximize the funds raised for the purposes of the Act and this Executive Order.

3. Inventory Management. The Commissioner of DMV shall develop a plan and utilize the appropriate technological tools for the management and security of the Commemorative Motor Vehicle Plate inventory.

4. Accounting. All receipts from the sale of the commemorative plates shall be deposited into the Vermont Strong Commemorative Plate fund and all associated financial transactions arising from these receipts accounted for with a unique program code related to the 2023 Flooding (the “Fund”). This is a fundraising effort to benefit Vermonters and Vermont businesses that experienced the devastation of the 2023 Flooding and every plate or product procured for sale shall be accounted for. The Commissioner of DMV shall account for all sales, expenses and proceeds, and track inventory and distribution of plates.

5. Use. The approved We Are VERMONT STRONG and We Are VERMONT STRONG Tough Too! Commemorative Motor Vehicle Plates may be displayed in accordance with the Act on a motor vehicle registered in Vermont as a pleasure car or on a motor truck registered in Vermont for less than 26,001 pounds (but excluding vehicles registered under the International Registration Plan) by covering the front registration plate with the commemorative plate. The regular front registration plate shall not be removed. The regular rear registration plate shall be in place and clearly visible at all times.

6. Price and Allocation of Revenue. The price of the We Are VERMONT STRONG and We Are VERMONT STRONG Tough Too! Commemorative Motor Vehicle Plates shall be $35.00 and receipts shall be allocated as follows:

a. $5.00 from each plate sale to reimburse DMV for the purchase of plates;

b. $10.00 from each Darn Tough Bundle to reimburse DMV for the purchase of each pair of Darn Tough Socks by the State in accordance with Section 2;

c. 50% of remaining plate receipts shall be donated by the State to The Vermont Community Foundation to help fill the gaps in funding needed to address the most significant disaster relief needs of individual Vermonters; and

d. 50% of the remaining plate receipts shall be transferred to the Agency of Commerce and Community Development's Business Emergency Gap Assistance Program to help fill the gaps in funding needed to address the most significant disaster relief needs of Vermont businesses and farms.

7. Pricing of Promotional Bundles. To the extent DMV reaches agreement with promotional partners as set forth in Section 2 of this Executive Order, sufficient funds shall be allocated to cover the State's costs of contracting for the promotional product and the remaining receipts shall be allocated in accordance with Section 6 of this Executive Order. Alternatively, a promotional partner may elect to sell plate and product bundles and donate profits from the sale in accordance with Section 8 of this Executive Order.

8. Donations. Donations made for purposes of emergency management in accordance with 20 V.S.A. § 17(b) shall be accepted for deposit into the Vermont Emergency Donations Special Fund (Code # 21552) for use by the Manufactured Home Improvement and Repair Program operated by the Agency of Commence and Community Development and administered through Vermont State Housing Authority (VSHA), for removal and disposal of flood impacted manufactured homes and/or grants for the replacement of manufactured home units, or as the Governor may otherwise accept for donation for purposes of emergency management. Donations shall only be eligible for allocation as set forth herein for the term of the Governor's Declaration of Emergency pursuant to Executive Order 03-23.

The Commissioner of Finance and Management, shall develop processes and guidelines for the expedited allocation of donations made for emergency management purposes.

9. Fund Transfers. The Commissioner of DMV shall transfer funds from the Fund no less often than once per month in accordance with the allocation set forth above in Sections 6 and 7.

This Executive Order shall take effect upon signing and shall continue in effect until rescinded by the Governor.

WITNESS my name hereunto subscribed and the Great Seal of the State of Vermont hereunto affixed at Montpelier this 23rd day of August, 2023.
3 V.S.A. § 607 — VT Code / Title 3 / Chapter 20 / Section 607
§ 607. Accounting for designated beneficiary; claims requirements
Status: in_force

(a) The Treasurer shall establish in the Trust an accounting for each designated beneficiary in the amount of $3,200.00. Each accounting shall include the initial amount of $3,200.00, plus the designated beneficiary's pro rata share of total net earnings from investments of sums held in the Trust.

(b) A designated beneficiary shall become eligible to receive the total sum of the accounting under subsection (a) of this section upon the designated beneficiary's 18th birthday and completion of a financial coaching requirement as prescribed by the Treasurer. The sum shall only be used for eligible expenditures.

(c) The Treasurer shall create a financial coaching program and materials designed to educate designated beneficiaries and others about the permissible use of funds available under this chapter.

(d) A designated beneficiary, or the designated beneficiary's authorized representative in the case of a designated beneficiary unable to make a claim due to disability, may submit a claim for accounting until the designated beneficiary's 30th birthday, provided the designated beneficiary is a resident of the State at the time of the claim. If a designated beneficiary dies before submitting a valid claim or fails to submit a valid claim before the designated beneficiary's 30th birthday, the designated beneficiary's accounting shall be credited back to the assets of the Trust.

(e) The Treasurer shall adopt rules pursuant to chapter 25 of this title to carry out the purposes of this section, including prescribing the process for submitting a valid claim for accounting.
3APPENDIX V.S.A. § 2 — VT Code / Title 3APPENDIX / Chapter 5 / Section 2
§ 5-2. Exec. Order No. 5-2 (No. 02-94) [Reestablishment of Vermont Rail Council]
Status: in_force

Superseded by Executive Order 08-01 (codified as Executive Order No. 5-3), dated September 13, 2001.
3 V.S.A. § 6 — VT Code / Title 3 / Chapter 1 / Section 6
§ 6. Certificates of election
Status: in_force

The Governor shall furnish certificates of election to the Senators and Representatives elected to represent this State in Congress.
3 V.S.A. § 241 — VT Code / Title 3 / Chapter 10 / Section 241
§ 241. Background investigations
Status: in_force

(a) “Federal tax information” or “FTI” means returns and return information as defined in 26 U.S.C. § 6103(b) that are received directly from the Internal Revenue Service or obtained through an IRS-authorized secondary source, that are in the Recipient's possession or control, and that are subject to the confidentiality protections and safeguarding requirements of the Internal Revenue Code and corresponding federal regulations and guidance.

(b) As used in this chapter, “Recipient” means the following authorities of the Executive Branch of State government that receive FTI:

(1) Agency of Human Services, including:

(A) Department for Children and Families;

(B) Department of Health;

(C) Department of Mental Health; and

(D) Department of Vermont Health Access.

(2) Department of Labor.

(3) Department of Motor Vehicles.

(4) Department of Taxes.

(5) Agency of Digital Services.

(6) Department of Buildings and General Services.

(c)(1) The Recipient shall conduct an initial background investigation of any individual, including a current or prospective employee, volunteer, contractor, or subcontractor, to whom the Recipient will permit access to FTI for the purpose of assessing the individual's fitness to be permitted access to FTI.

(2) The Recipient shall, at least every 10 years, conduct a periodic background reinvestigation of any employee, volunteer, contractor, or subcontractor to whom the Recipient permits access to FTI.

(3) The impact of the results of a background investigation performed pursuant to subdivision (1) of this subsection shall be the subject of impact bargaining between the State and the collective bargaining representative for the employee's bargaining unit to the extent required by any collective bargaining agreements between the parties.

(d) The Recipient shall request and obtain from the Vermont Crime Information Center (VCIC) the Federal Bureau of Investigation and State and local law enforcement criminal history records based on fingerprints for the purpose of conducting a background investigation under this section.

(e) The Recipient shall sign and keep a user agreement with the VCIC.

(f) A request made under subsection (d) of this section shall be accompanied by a release signed by the individual on a form provided by the VCIC, a set of the individual's fingerprints, and a fee established by the VCIC that shall reflect the cost of obtaining the record. The fee for a current or prospective employee shall be paid by the Recipient. The release form to be signed by the individual shall include a statement informing the individual of:

(1) the right to challenge the accuracy of the record by appealing to the VCIC pursuant to rules adopted by the Commissioner of Public Safety; and

(2) the Recipient's policy regarding background investigations and the maintenance and destruction of records.

(g) Upon completion of a criminal history record check under subsection (d) of this section, the VCIC shall send to the Recipient either a notice that no record exists or a copy of the record. If a copy of a criminal history record is received, the Recipient shall forward it to the individual and shall inform the individual in writing of:

(1) the right to challenge the accuracy of the record by appealing to the VCIC pursuant to rules adopted by the Commissioner of Public Safety; and

(2) the Recipient's policy regarding background investigations and the maintenance and destruction of records.

(h) Criminal history records and information received under this chapter are exempt from public inspection and copying under the Public Records Act and shall be kept confidential by the Recipient, except to the extent that federal or State law authorizes disclosure of such records or information to specifically designated persons.

(i) The Recipient shall adopt policies in consultation with the Department of Human Resources to carry out this chapter and to guide decisions based on the results of any background investigation conducted under this chapter.
3 V.S.A. § 2702 — VT Code / Title 3 / Chapter 49 / Section 2702
§ 2702. Secretary of Education
Status: in_force

(a) With the advice and consent of the Senate, the Governor shall appoint a Secretary of Education from among not fewer than three candidates proposed by the State Board of Education. The Secretary shall serve at the pleasure of the Governor.

(1) Not later than 30 days after public notification of a vacancy or anticipated vacancy in the position of Secretary of Education, the Governor shall send a letter to the Chair of the State Board of Education asking the Board to initiate the candidate selection process for a new Secretary of Education. The Governor's letter shall include direction as to the Governor's preferred candidate qualifications and experience.

(2) The State Board shall begin a national search process not later than 60 days after receipt of a letter from the Governor issued pursuant to subdivision (1) of this subsection.

(3) The State Board may request from the Agency of Education the funds necessary to utilize outside resources for the search process required pursuant to this subsection.

(b) The Secretary shall report directly to the Governor and shall be a member of the Governor's Cabinet.

(c) At the time of appointment, the Secretary shall have expertise in education management and policy and demonstrated leadership and management abilities.
3APPENDIX V.S.A. § 18 — VT Code / Title 3APPENDIX / Chapter 33 / Section 18
§ 33-18. Exec. Order No. 33-18 (No. 02-09) [SerVermont]
Status: in_force

WHEREAS, Vermont has a long and proud heritage of neighbor helping neighbor that continues today; and

WHEREAS, there is growing awareness of volunteerism and civic participation as a means to address unmet social, environmental, educational, and public safety needs; and

WHEREAS, there is a need to foster an ethic of service and to support and recognize community service and volunteerism throughout our state; and

WHEREAS, a state commission is necessary to advise and assist in implementation of a comprehensive national and community service plan in Vermont.

NOW THEREFORE, I, James H. Douglas, by virtue of the power vested in me as Governor of the State of Vermont, do hereby establish the Vermont Commission on National and Community Service (hereafter the “Commission”), and do hereby order that the duties of this commission shall be set out under section 201 of the National and Community Service Trust Act of 1993, as amended (hereafter the “Act”), codified at 42 U.S.C. § 16238, and shall include:

1. Provide an annual update to the three-year national service plan to the Corporation for National Service (hereafter the “Corporation”) as required under the Act that sets out priorities for, as well as addresses coordination of efforts in, community service programs in Vermont;

2. Administer grants programs as required by the Act;

3. Provide technical assistance to Vermont non-profit organizations and other entities in applying for Corporation funds and in planning programs relating to community service; and

4. Disseminate information in Vermont relating to national service programs in a manner designed to ensure that interested Vermonters are aware of such opportunities.

Membership of the commission shall consist of no fewer than 15 and no more than 25 voting members. All members shall be appointed by the Governor to three-year terms.

Not more than 50% of the members plus one member shall be from the same political party. To the extent possible, membership shall be balanced according to race, ethnicity, age, disability, gender and geography.

Members shall include as voting members at least one of the following individuals: an individual with experience in the educational, training, and developmental needs of disadvantaged youth; a representative of community-based agencies or community-based organizations within the state; an individual with experience in promoting the involvement of older adults in community service and volunteerism; an individual between the ages of 16 and 25 who is a participant or supervisor in a volunteer or service program; a representative of a national service program as described in the Section 122(a) of the Act (codified at 42 U.S.C. § 12572(a)); the Commissioner of the Vermont Department of Education or his or her designee, a representative of local government, a representative of a labor organization; and a representative of business.

The commission may also include as voting members representatives of the following groups: local educators; persons experienced in delivery of services in the areas of human services, education, the environment, or public safety; out-of-school youth or other at-risk youth; and representatives of entities that receive assistance under the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.). There shall also be a non-voting ex-officio representative of the Corporation for National Service.

Not more than 25% of voting members may be state employees, although the Governor may appoint additional officers or employees of State agencies operating community service, youth service, education, social service, senior service and job training programs to serve as ex-officio, non-voting members.

Vacancies occurring among the members shall be filled by the Governor to serve the balance of such terms. No member appointed after the effective date of this order shall serve more than two consecutive three-year terms.

In addition to the State of Vermont Executive Code of Ethics, commissioners shall abide by the limitation on voting as found in Section 221(a) of the Act (codified at 42 U.S.C. § 12638(d)(2)).

The Commission shall meet at least four times a year to perform its business. The Commission shall receive administrative support from the Agency of Human Services. Public members may receive reimbursement of expenses in attending Commission meetings and may receive a per diem pursuant to 32 V.S.A. § 1010.

The officers of the Commission shall be a Chairperson, Vice-Chairperson, Treasurer and Secretary and shall constitute the Executive Committee. Officers shall be elected annually by the voting members of the Commission at the first regular meeting of the calendar year for a term of one year, commencing with the first meeting following their election subject to the approval of the Governor.

Officers may not hold office for more than three consecutive years. Following at least one year out of office, persons who have served as officers are again eligible for election. The Chair shall be an ex-officio member of all committees, with the exception of the Nominating Committee, when one is established.

The Chair shall have authority to appoint committees as necessary and appropriate to carry out the functions and duties of the Commission, including a Finance Committee that shall be chaired by the Treasurer, that shall review the annual budget and make recommendations.

This Executive Order supersedes Executive Order No. 09-98 (codified as E.O. 3-35), dated August 13, 1998 and rescinds and repeals any by-laws previously adopted by the Commission. The Commission created by this order, however, shall be a continuation of, and successor to, the Commission established by Executive Order No. 09-98. Members of the Commission serving on the effective date of this order shall continue to serve until the expiration of their terms and may be re-appointed for up to two additional consecutive terms.

This order shall take effect on January 23, 2009.

Dated January 21, 2009.
3APPENDIX V.S.A. § 13 — VT Code / Title 3APPENDIX / Chapter 10 / Section 13
§ 10-13. Exec. Order No. 10-13 (No. 92-90) [Energy Emergency Plan]
Status: in_force

WHEREAS, a shortage of energy resources within the state of Vermont may occur at any time and such a shortage may cause severe economic hardships or constitute a serious threat to public health, safety, and welfare;

WHEREAS, under Act 254 of the 1973 Adjourned Session, as amended, the Governor is authorized to declare that an energy emergency exists and take actions to mitigate the effects of that emergency; and

WHEREAS, it is prudent to have in place guidelines which inform the public of potential actions and allow for a rapid and coordinated response in the event an energy emergency occurs.

NOW, THEREFORE, BE IT RESOLVED that I, Madeleine M. Kunin, Governor of the state of Vermont, do hereby order as follows:

1. The Energy Emergency Plan is adopted. The Energy Emergency Plan shall be available for public comment.

2. The Energy Emergency Plan shall be revised from time to time by the Governor. The Commissioner of the Department of Public Service shall recommend amendments as necessary to reflect changed conditions and comments from the public.

3. The Department of Public Service shall retain an updated copy of the plan to be implemented in the event the Governor declares an energy emergency.

This executive order takes effect upon signing.

Dated August 31, 1990.
3 V.S.A. § 472a — VT Code / Title 3 / Chapter 16 / Section 472a
§ 472a. Compliance with federal law
Status: in_force

(a) Intent. The General Assembly intends that the Retirement System and any trusts or custodial accounts established to hold the assets of the Retirement System in accordance with subsection (b) of this section be maintained, in form and operation, so as to maintain the status of the Retirement System as a qualified plan under 26 U.S.C. § 401(a) as amended, and the tax exempt status of such trusts and custodial accounts under 26 U.S.C. § 501(a), to the extent that those requirements apply to a governmental plan as described in 26 U.S.C. § 414. Notwithstanding any other provision of this chapter to the contrary, this section shall be applicable, administered, and interpreted in a manner consistent with maintaining the tax qualification of the Retirement System as a qualified plan and the tax exempt status of such trusts and custodial accounts under 26 U.S.C. §§ 401(a) and 501(a), respectively.

(b) Exclusive benefit. All assets of the Retirement System shall be held in trust, in one or more custodial accounts treated as trusts in accordance with 26 U.S.C. § 401(f), or in a combination thereof. Under any trust or custodial account, it shall be impossible at any time prior to the satisfaction of all liabilities with respect to members and their beneficiaries for any part of the corpus or income to be used for, or diverted to, purposes other than the exclusive benefit of members and their beneficiaries. However, this requirement shall not prohibit:

(1) the return of a contribution within six months after the Retirement System determines that the contribution was made by a mistake of fact; or

(2) payment of the expenses of the Retirement System.

(c) Vesting on plan termination. In the event of the termination of the Retirement System, the accrued benefits of eligible members shall become fully and immediately vested.

(d) Forfeitures. Service credits forfeited by a member for any reason shall not be applied to increase the benefits of any other member.

(e) Required distributions. Distributions shall begin to be made not later than the member's required beginning date as defined under 26 U.S.C. § 401(a)(9) and shall be made in accordance with all other requirements of that subsection. Benefits shall be paid under the maximum allowance pursuant to this subsection even though the member has not previously applied to receive them. The System shall be deemed to be in compliance with the terms of 26 U.S.C. § 401(a)(9) so long as it is administered under a reasonable good faith interpretation of that subsection.

(f) Limitation on benefits. Benefits shall not be payable to the extent that they exceed the limitations imposed by 26 U.S.C. § 415, as adjusted for increases in the cost of living.

(g) Limitation on compensation. Benefits and contributions shall not be computed with reference to any compensation that exceeds the maximum dollar amount permitted by 26 U.S.C. § 401(a)(17) as adjusted for increases in the cost of living.

(h) Actuarial determination. Whenever the amount of any member's benefit is to be determined on the basis of actuarial assumptions done by a professional actuary, those assumptions shall be specified by resolution, which documentation shall be incorporated in the System by reference. The Board shall also adopt interest and mortality assumptions for the purposes of determining actuarial equivalent benefits under the system. The Board shall adopt assumptions by resolution, which documentation shall be incorporated in the System by reference.

(i) Direct rollovers. An individual withdrawing a distribution from the Retirement System that constitutes an “eligible rollover distribution” within the meaning of 26 U.S.C. § 402 may elect, in the time and manner prescribed by the Retirement Board and after receipt of proper notice, to have any portion of the distribution paid directly to another plan that is qualified under 26 U.S.C. § 401(a), to an annuity plan described in 26 U.S.C. § 403(a), to an annuity contract described in 26 U.S.C. § 403(b), or to an eligible plan described in 26 U.S.C. § 457(b) that is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state and that agrees to account separately for amounts transferred into the plan, or to an individual retirement account or annuity described in 26 U.S.C. § 408(a) or (b), in a direct rollover. For distributions made after December 31, 2009, a nonspouse beneficiary who is a designated beneficiary under 26 U.S.C. § 401(a)(9) may establish an individual retirement account into which all or a portion of a death distribution from the Retirement System to which such nonspouse beneficiary is entitled can be transferred directly.

(j) Compliance with the Uniformed Services Employment and Reemployment Rights Act (USERRA). Notwithstanding any provision of law to the contrary, contributions, benefits, and service credits with respect to qualified military service shall be provided under the System in accordance with 26 U.S.C. § 414(u), unless State law provides more favorable benefits than those required by federal law.

(k) Consent. An individual who is not a vested member of the System and who has not yet reached the later of normal retirement age or age 62 must consent to any withdrawal of his or her assets of greater than $1,000.00. For individuals who are not vested members of the System and who have reached the later of normal retirement age or age 62, amounts greater than $1,000.00 may be paid out without the individual's consent. In all cases, amounts of $1,000.00 or less may be paid out without the individual's consent.

(l) Rules. The Board may adopt rules to ensure that this chapter complies with federal law requirements.
3APPENDIX V.S.A. § 26 — VT Code / Title 3APPENDIX / Chapter 10 / Section 26
§ 10-26. Exec. Order No. 10-26 (No. 03-02) [Reduction of Mercury Use]
Status: in_force

WHEREAS, mercury is a persistent and toxic pollutant that has accumulated in Vermont's environment, especially in aquatic environments; and

WHEREAS, most of Vermont's mercury contamination comes from large generators of air pollution located in upwind regions of the country; and

WHEREAS, this pollution is harmful to health and the environment; and

WHEREAS, consumption of certain fresh and salt water fish above the state's fish consumption advisory levels may pose a health risk, especially to young children and women of child bearing age because of mercury pollution; and

WHEREAS, Vermont's fish-consuming wildlife are also threatened from mercury contamination; and

WHEREAS, approximately one third of Vermont's impaired waters are impaired because of air deposition of mercury; and

WHEREAS, Vermont and other New England States and the Eastern Canadian Provinces support the virtual elimination of mercury from the environment; and

WHEREAS, Vermont and other New England States agreed to approaches to obtain reduction of air deposition of mercury, including litigation against sources of that pollution; and

WHEREAS, one additional source of mercury contamination in the environment is the release of mercury from numerous types of consumer products including thermometers, lamps, thermostats, medical instruments, and numerous products containing mercury switches (such as autos, pumps and gauges) when they are disposed of or broken; and

WHEREAS, mercury-free or low mercury alternative products exist for many consumer products containing mercury; and

WHEREAS, Vermont must do its part to remove mercury from the environment; and

WHEREAS, Vermont has implemented mercury education and reduction programs and a precedent setting mercury product labeling law to alert consumers of mercury content; and

WHEREAS, Vermont state government has a duty and responsibility to lead by example in conserving natural resources and practicing pollution prevention, and has taken numerous actions through the Vermont Clean State Program to reduce wasteful practices and reduce toxic chemical use and release.

NOW THEREFORE, BE IT RESOLVED THAT I, HOWARD DEAN, by virtue of the power vested in me as Governor, do hereby order state agencies, departments and offices.

1. To eliminate the purchase of products that contain mercury where mercury-free alternatives exist at reasonable cost and comparable performance to mercury-added products.

2. Where such mercury-free alternative products do not exist, I order that preference be given to the purchase of products with the lowest total mercury content feasible (and documented as such) and products that bear a mercury content warning label as required of product manufacturers under Vermont law.

3. These practices shall be reflected in the administrative purchasing policies of the state no later than July 1, 2002 and in all new contracts issued after the effective date of this order.

4. The Department of Environmental Conservation shall assist the Department of Buildings and General Services in identifying mercury-added products and low and mercury-free product alternatives.

5. The Department of Environmental Conservation and the Department of Buildings shall jointly report to the Secretary of the Agency of Administration annually regarding compliance with this Executive Order.

6. This Executive Order shall take effect upon signing and shall sunset on June 30, 2012.

Dated April 4, 2002.
3APPENDIX V.S.A. § 30 — VT Code / Title 3APPENDIX / Chapter 29 / Section 30
§ 29-30. Exec. Order No. 29-30 (No. 06-02) [Transfer of Certain Lands and Rights of the Agency of Transportation, located in the Town of Guilford, to the Agency of Natural Resources, Department of Forest, Parks, and Recrea]
Status: in_force

WHEREAS, certain lands and rights hereinafter described and located in the Town of Guilford, County of Windham, and State of Vermont, and known as the Guilford Welcome Center, are presently under the jurisdiction and control of the State of Vermont's Agency of Transportation; and

WHEREAS, the Agency of Transportation desires to transfer to the Agency of Natural Resources certain land and rights regarding mitigation for impact upon a deer wintering area in accordance with a Memorandum of Agreement dated April 4, 1996; and

WHEREAS, the Agency of Natural Resources will, upon transfer, be responsible for the management of a designated deer wintering habitat area and associated forested habitat buffer zone.

NOW THEREFORE, I, Howard Dean, M.D., by the power vested in me as Governor of Vermont, do hereby transfer and set over to the Agency of Natural Resources, Department of Forest, Parks, and Recreation, lands and rights of the Agency of Transportation, located in the Town of Guilford and being more particularly described as follows:

Being part of the same land and premises conveyed to the State of Vermont, Agency of Transportation by Victoria George by Warranty Deed dated March 13, 1996, which is recorded in Book 87, Page 17 of the Town of Guilford Land Records, and being more particularly described as follows:

Being a parcel of land consisting of 41.34 acres, more or less, of which 25.23 acres is designated as deer wintering habitat area and 16.11 acres is designated as a forested habitat buffer zone. The parcel of land is shown on a plat entitled “State of Vermont Agency of Transportation, Wildlife Habitat at Guilford Welcome Center, Date of Survey: May, 2001”, and which plat is dated April 16, 2002 and attached hereto and made a part hereof.

The State of Vermont, Agency of Transportation reserves the right to maintain or replace a fence and drainage structures necessary for the Welcome Center, located on the land to be transferred herein.

This transfer is subject to conditions stated in the Memorandum of Agreement between the Agency of Transportation and the Agency of Natural Resources, dated April 4, 1996.

Dated June 27, 2002.
3APPENDIX V.S.A. § 41 — VT Code / Title 3APPENDIX / Chapter 10 / Section 41
§ 10-41. Exec. Order No. 10-41 (No. 11-17) [Vermont Outdoor Recreation Economic Collaborative]
Status: in_force

WHEREAS, Vermont's landscape of forests, farms and human communities 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;

WHEREAS, there exists a broad set of outdoor recreation stakeholders but no platform for collective focus for accomplishing major efforts in this regard; and

WHEREAS, it is important to establish a mechanism to identify and engage outdoor recreation businesses and other stakeholders to create a Vermont Outdoor Recreation Economic Collaborative (“VOREC”) for purposes promoting prudent stewardship of State recreation assets and marketing the outdoor recreation values and attributes of Vermont to effectively foster economic growth.

NOW, THEREFORE, BE IT RESOLVED that I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont, do hereby create the VOREC Steering Committee (“VOREC Committee”), as follows:

I. Composition and Appointments.

The VOREC Committee shall be comprised of no more than fifteen members to be appointed by the Commissioner of Forests, Parks and Recreation from inside and outside of government in consultation with the Secretary of the Agency of Commerce and Community Development (“ACCD”), with the approval of the Governor. The State members shall include the Commissioner of Forests, Parks and Recreation or designee who shall serve as Chair and the Secretary of ACCD or designee. Non-State members shall include five representatives from companies within Vermont's outdoor recreation industry, one representative from a Vermont nonprofit conservation organization, two representatives from the Vermont Trails and Greenways Council, one representing motorized recreation and one representing non-motorized recreation, three representatives from other Vermont nonprofit recreation organizations and two at-large members with experience in other Vermont economic development initiatives and/or outdoor recreation planning.

The VOREC Committee may, in its discretion, establish working groups to support its mission, drawing membership from any agency or department of State government or private/non-profit entity. The VOREC Committee may, at its discretion, engage with private sector professionals in order to develop and implement the goals of this Executive Order.

The VOREC Committee shall receive administrative and staff support from the Department of Forests, Parks, and Recreation and ACCD.

II. VOREC Charge and Process.

The VOREC Committee shall be advisory to the Governor. The VOREC Committee shall meet at the call of the Chair. The VOREC Committee shall adopt bylaws for governance of its meetings and engagement of the greater Collaborative before July 1, 2017. The VOREC Committee shall identify and engage a broad set of outdoor recreation businesses and other stakeholders for purposes of creating the VOREC. The VOREC Committee shall develop a strategy and specific action plan with measurable outcomes to, at a minimum, address the following:

□ Contribute to efforts to market the outdoor recreation values and attributes of Vermont to effectively foster economic growth;

□ Examine and promote laws, policies and initiatives that encourage outdoor recreation business;

□ Strengthen stewardship of outdoor recreation resources and the organizations that support them;

□ Mobilize the members of the VOREC to develop and implement the initiatives of the VOREC Committee; and

□ Encourage, incentivize and guide the development of community-oriented outdoor recreation assets increasing economic impacts.

VOREC will report all findings and recommendations to the Governor on or before September 15 of each year, beginning September 15, 2017. VOREC will advise the Governor on the effectiveness of this Order on the development and implementation of VOREC initiatives.

III. Effective Date.

This Executive Order shall take effect upon execution.

Dated June 15, 2017.
3 V.S.A. § 1230 — VT Code / Title 3 / Chapter 31 / Section 1230
§ 1230. Procedure; rulemaking [Effective September 1, 2027]
Status: in_force

(a) Procedure. Unless otherwise controlled by statute or rules adopted by the Commission, the Vermont Rules of Civil Procedure and the Vermont Rules of Evidence shall apply in the Commission's investigations and hearings.

(b) Rulemaking. The Commission shall adopt rules pursuant to chapter 25 of this title regarding procedural and evidentiary aspects of the Commission's investigations and hearings.

(c) Waiver of rules. To prevent unnecessary hardship, delay, or injustice, or for other good cause, a vote of two-thirds of the Commission's members present and voting may waive the application of a rule upon such conditions as the Chair may require, unless precluded by rule or by statute.

(d) Subpoenas and oaths. The Commission, the Executive Director, and the Commission's legal counsel and investigators shall have the power to issue subpoenas and administer oaths in connection with any investigation or hearing, including compelling the provision of materials or the attendance of witnesses at any investigation or hearing. The Commission, the Executive Director, and the Commissioner's legal counsel shall seek voluntary compliance prior to issuing a subpoena, except in cases where there is reasonable suspicion that materials will not be produced in a timely manner. The Commission, the Executive Director, and the Commission's legal counsel and investigators may take or cause depositions to be taken as needed in any investigation or hearing.
3 V.S.A. § 1203g — VT Code / Title 3 / Chapter 31 / Section 1203g
§ 1203g. Gifts
Status: in_force

(a) Gift limitations and exceptions. A public servant shall not solicit or accept a gift unless permitted under this section. For purposes of this subchapter, “gift” means anything of value, tangible or intangible, that is given for less than adequate consideration. A public servant may accept:

(1) A devise or inheritance. A public servant may accept a devise or inheritance.

(2) Gifts to the State. A public servant may accept goods or services that are provided to a State agency for use on State agency property or for use by the public servant while serving in an official capacity.

(3) Ceremonial awards. A public servant may accept a certificate, plaque, or other ceremonial award, provided the cost does not exceed the limit established pursuant to subsection (b) of this section.

(4) Rebates, discounts, and promotions. A public servant may accept a rebate, discount, or promotional item that is available to the general public or to a definable subset of the general public.

(5) Printed or recorded material. A public servant may accept printed or recorded informational or educational material germane to State action or functions.

(6) Food or beverages. A public servant may accept food or beverages, or both, under the following circumstances:

(A) The food or beverage, or both, is consumed on an occasion or occasions at which the person paying, directly or indirectly, for the food or beverage or the person's representative is in attendance, provided the cost does not exceed the limit established pursuant to subsection (b) of this section.

(B) The food or beverage, or both, is incidental to the performance of a legitimate State function.

(C) The food or beverage, or both, is provided at a charitable, cultural, political, or civic event at which the public servant participates in the public servant's official capacity.

(7) Admission fees and tickets. A public servant may accept free attendance to a widely attended charitable, cultural, political, or civic event at which a public servant participates in the public servant's official capacity, provided such tickets or admission is provided by the primary sponsoring entity. Free attendance may include all or part of the cost of admission; transportation to and from the event; and food, refreshments, entertainment, and instructional materials provided to all event attendees.

(8) Private employment gifts. A public servant may accept anything of value provided by an employer of the public servant, provided such benefits are customarily and ordinarily provided to others in similar circumstances.

(9) Public-servant-to-public-servant gifts. A public servant may accept a gift from another public servant under the following circumstances:

(A) If the recipient is not in a supervisor-supervisee relationship with the giver, the public servant may accept a gift for a holiday or occasion of significance.

(B) If the recipient is in a supervisor-supervisee relationship, the public servant may accept a gift for a holiday or occasion of significance, provided the value does not exceed the limit established pursuant to subsection (b) of this section.

(10) Training or education. A public servant may accept attendance to training or similar events determined to be in the interest of the public servant's agency or department.

(11) Gifts of de minimis value. A public servant may accept an unsolicited gift having a de minimis market value as established pursuant to subsection (b) of this section.

(12) Personal gifts. A public servant may accept gifts clearly motivated by an outside relationship, family relationship, or personal friendship rather than the position of the public servant. Relevant factors in making such a determination include the history and nature of the relationship and whether the individual, family member, or a friend personally pays for the gift.

(13) Loans. A public servant may accept a commercially reasonable loan made on terms not more favorable than loans made in the ordinary course of business.

(14) Gifts otherwise permitted and legal. A public servant may accept a gift that is otherwise expressly permitted under State law.

(b) Gift valuation. For purposes of this subchapter, the value or cost limit for gifts described in subsection (a) of this section shall be:

(1) Beginning on July 1, 2022:

(A) Ceremonial awards: Less than $100.00.

(B) Food or beverages, or both: Less than $100.00 in the aggregate per recipient, per source, in a calendar year.

(C) A supervisor-supervisee relationship gift: Less than $100.00 for any single gift, and the value of all gifts does not exceed $200.00 in the aggregate per year.

(D) De minimis gift: $50.00 or less per source per occasion, provided that the aggregate market value of individual gifts received from any one person does not exceed $150.00 in a calendar year.

(2) On or after July 1, 2026, the State Ethics Commission may increase the value or cost limit set in subdivision (1) of this subsection, provided:

(A) the State Ethics Commission presents its proposed increase to the House Committee on Government Operations and Military Affairs and the Senate Committee on Government Operations at least 180 days prior to proposed implementation and after consultation with the Department of Human Resources and the Judicial Branch;

(B) the cost or value limit is not increased more than once in a five- year period; and

(C) the increased cost or value limit is posted on the State Ethics Commission website and the Commission sends a notice of increase to public servants not less than 60 days prior to the increase's effective date.
3APPENDIX V.S.A. § 84 — VT Code / Title 3APPENDIX / Chapter 3 / Section 84
§ 3-84. Exec. Order No. 3-84 (No. 19-17) [Executive Code of Ethics]
Status: in_force

Superseded and replaced by Executive Order No. 04-22 (codified as Executive Order No. 3-96), dated September 29, 2022.
3 V.S.A. § 2826 — VT Code / Title 3 / Chapter 51 / Section 2826
§ 2826. Environmental notice bulletin; permit handbook
Status: in_force

(a) The Secretary shall establish an environmental notice bulletin in order to provide for the timely public notification of permit applications, notices, comment periods, hearings, and permitting decisions. The bulletin shall consist of a website and an email notification system. The Secretary shall ensure that the website for the bulletin is readily accessible from the Agency's main web page.

(1) When 10 V.S.A. chapter 170 requires the posting of information to the bulletin, the Secretary shall post the information to the bulletin's website.

(2) When 10 V.S.A. chapter 170 requires notice to persons through the environmental notice bulletin, the bulletin shall generate an email notification to those persons containing the information required by that chapter.

(3) The Secretary shall provide members of the public the ability to register, through the bulletin, for a list of interested persons to receive email notification of permit activity based on permit type, municipality, proximity to a specified address, or a combination of these characteristics.

(4) If an individual does not have an email address, the individual may request to receive notifications through U.S. mail. On receipt of such a request, the Secretary shall mail to the individual the same information that the individual would have otherwise received through an email generated by the bulletin.

(b) The Secretary shall publish a permit handbook that lists all of the permits required for the programs administered by the Department of Environmental Conservation. The handbook shall include examples of activities that require certain permits, an explanation in lay terms of each of the permitting programs involved, and the names, addresses, and telephone numbers of the person or persons to contact for further information for each of the permitting programs. The Secretary shall update the handbook periodically.
3 V.S.A. § 537 — VT Code / Title 3 / Chapter 18 / Section 537
§ 537. Confidentiality
Status: in_force

The Treasurer shall establish policies and procedures, consistent with the Vermont Public Records Act and other statutory provisions, for the Program participants' personal and confidential information.
3 V.S.A. § 521 — VT Code / Title 3 / Chapter 17 / Section 521
§ 521. Definitions
Status: in_force

As used in this chapter:

(1) “Commission” means the Vermont Pension Investment Commission.

(2) “Financial expert” means an individual with material expertise and experience in institutional fund management or other significant pension or other relevant financial expertise.

(3) “Independent” means an individual who does not have a direct or indirect material interest in the Plans.

(A) An individual has a direct or indirect material interest in the Plans if:

(i) the individual or the individual's spouse is a beneficiary of any of the Plans; or

(ii) the individual or the individual's spouse, parent, child, sibling, or in-law is or has been within the past five years an employee, director, owner, officer, consultant, or manager or had another material role with an entity servicing the Plans.

(B) An individual is considered an owner of a publicly traded company if the individual owns, directly or indirectly, five percent or more of a class of the company's equity securities registered under the Securities Exchange Act of 1934 (15 U.S.C. § 78a et seq.), as amended.

(4) “Plans” means the Vermont State Teachers' Retirement System, the Vermont State Employees' Retirement System, and the Vermont Municipal Employees' Retirement System pursuant to section 472 of this title, 16 V.S.A. § 1943, and 24 V.S.A. § 5063.
3 V.S.A. § 978 — VT Code / Title 3 / Chapter 27 / Section 978
§ 978. Limitations of actions
Status: in_force

An action alleging a violation of this subchapter brought under a grievance procedure or similar process shall be brought within the period allowed by that process or procedure. An action brought in Superior Court shall be brought within 180 days of the date of the alleged retaliatory action.
3APPENDIX V.S.A. § 49 — VT Code / Title 3APPENDIX / Chapter 10 / Section 49
§ 10-49. Exec. Order No. 10-49 (No. 02-21) [Reorganization of the Natural Resources Board]
Status: in_force

WHEREAS, the Governor, pursuant to the Vermont Constitution Chapter II, Section 3 and 3 V.S.A. Section 2001 and Section 2002, may make such changes in the organization of the Executive Branch or in the assignment of functions among its units as he considers necessary for efficient administration; and

WHEREAS, the Constitution of Vermont, Chapter II, Section 6 provides that no bill, resolution or other thing which shall have been passed by one house of the General Assembly shall have the effect of or be declared to be a law without the concurrence of the other, ensuring no action by a single house, committee or agent of the General Assembly may be binding on the Executive Branch; and

WHEREAS, any organizational changes made by the Governor, pursuant to 3 V.S.A. Section 2001 and Section 2002, shall be subject to disapproval by both houses of the General Assembly; and

WHEREAS, it is desirable to reorganize the agencies, departments and divisions of government by better coordinating certain activities and improving the coordination and effectiveness of services to the public; and

WHEREAS, Act 250 has operated under the same administrative structure for over fifty years, consisting of District Environmental Commissions (“District Commissions”), administrative tribunals comprised of three volunteer members of the public, operating independently in 9 regions of the State; and

WHEREAS, from 1970 through 2004, the former Environmental Board oversaw the operations of the District Commissions and established policy precedents across the Act 250 enterprise through the issuance of decisions in appeals of Act 250 permits; and

WHEREAS, when the Natural Resources Board replaced the Environmental Board in 2004, the Natural Resources Board did not retain its ability to compel consistent application of policy and law across the nine District Commissions through the issuance of decisions in Act 250 appeals; and

WHEREAS, while Act 250 has served Vermont well, the scope and complexity of environmental, planning, and regulatory issues District Commission must consider has expanded significantly since 1970; and

WHEREAS, with complex emerging issues such as climate change, the interplay between Act 250 and other state and municipal regulatory programs, demographic challenges, and the growing economic divide between the rural and urban parts of our state, and with a current governance structure that lacks a unifying policy authority across the nine districts, restructuring Act 250 presents an opportunity to maximize natural resource protections, enable well planned growth, increase predictability and reduce redundancy with other state regulatory programs; and

WHEREAS, a professional Natural Resources Board that decides major cases will have the capacity to consider and manage complex issues now and into the future, and, through their Orders, will establish precedent and policy resulting in the consistent application of Act 250 criteria statewide; and

WHEREAS, in each proceeding of the restructured Natural Resources Board, two members from the District Commission from the District where the proposed project is located will sit with the Natural Resources Board so regional considerations will continue to inform Act 250 decisions.

NOW THEREFORE, by virtue of the authority vested in me as Governor by the Constitution of the State of Vermont, Chapter II, Section 3 and Section 20, 3 V.S.A. chapter 41 and 32 V.S.A. § 704a, I, Philip B. Scott, do hereby reorganize the Natural Resources Board and its District Commissions as follows:

1. As of July 1, 2021, a restructured Natural Resources Board made up of three full-time professional members is hereby created to professionalize and modernize the current governance structure, to unify policy authority across the nine District Commissions, to maximize natural resource protections, to enable well-planned growth, to increase predictability and uniformity and reduce redundancy and inconsistency with other state regulatory programs.

2. As of July 1, 2021, the Natural Resources Board created in 10 V.S.A. § 6021 consisting of five members appointed by the Governor (the “Original Board”) is hereby abolished and all the duties, responsibilities and authority of the Original Board are hereby transferred to a reconstituted Natural Resources Board made up of three full time professional members as established in Section 3 below.

3. As of July 1, 2021, the Natural Resources Board shall consist of three full-time professional voting members which shall have all the duties, responsibilities, and authority of the Original Board and such duties, responsibilities and authority as set forth in this Order.

The members shall include a Chair and two additional members who shall be appointed by the Governor with the advice and consent of the Senate. In making these appointments, the Governor and the Senate shall give consideration to experience, expertise or skills relating to the environment or land use, as well as geographic, gender, ethnic and racial diversity. Following initial appointments, the three members shall serve six-year staggered terms.

Initial appointments shall be made prior to July 1, 2021. For initial appointments, the Chair shall be appointed to a six-year term, one member shall be appointed to a four-year term and the third member shall be appointed to a two-year term. Each of the three members shall be a full-time employee, exempt from the classified service, serving at the pleasure of the Governor.

When a particular application comes before the Board, two members from the District Commission from the District where an application being reviewed was located shall become voting members of the Board solely with respect to that matter. The two District Commission members shall be selected by the applicable Chair of the District Commission.

4. As of July 1, 2021, the authority of each of the District Commissions in 10 V.S.A. § 1084(b), to determine whether a complete application shall be processed as a major application with a required public hearing or a minor application, shall be transferred to the Natural Resources Board, acting without District Commissioners.

5. As of July 1, 2021, the authority of each of the District Commissions to determine whether to issue an administrative amendment shall be transferred to the Natural Resources Board, acting without District Commissioners.

6. As of July 1, 2021, all authority of each of the District Commissions in Title 10 relating to any application determined to be a major application or a minor application where a hearing is requested, shall be transferred to the Natural Resources Board.

7. As of July 1, 2021, the provisions of Title 10 and the rules, policies and procedures of the Natural Resources Board relating to applications determined to be major applications or minor applications where a hearing is requested shall be deemed to refer to and shall be applicable to the Natural Resources Board.

8. An applicant who has received a Jurisdictional Opinion from a District Coordinator may, within 30 days from the issuance of the opinion, request reconsideration of the Jurisdictional Opinion by the Natural Resources Board, acting without the District Commissioners.

9. All complete applications filed with a District Commission prior to July 1, 2021 shall remain under the jurisdiction of the applicable District Commission until resolution of the application.

This Executive Order shall be submitted to the General Assembly pursuant to 3 V.S.A. § 2002. This Executive Order shall take effect on April 15, 2021, unless disapproved by both houses of the General Assembly.

Dated January 14, 2021.
3 V.S.A. § 1016 — VT Code / Title 3 / Chapter 28 / Section 1016
§ 1016. Obligation to bargain
Status: in_force

The employer and representative of the employees shall bargain collectively, which for the purposes of this chapter means performing the mutual obligation to meet at reasonable times and confer in good faith with respect to all matters bargainable under the provisions of this chapter. The failure or refusal of either party to agree to a proposal, to change or withdraw a lawful proposal, or to make a concession shall not constitute, or be direct or indirect evidence of, a breach of this obligation.
3 V.S.A. § 2452 — VT Code / Title 3 / Chapter 47 / Section 2452
§ 2452. Mandatory duties
Status: in_force

(a) The commissioner shall 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. § 48 — VT Code / Title 3APPENDIX / Chapter 20 / Section 48
§ 20-48. Exec. Order No. 20-48 (No. 04-13) [Governor's Emergency Preparedness Advisory Council]
Status: in_force

Superseded and replaced by Executive Order No. 20-58.
3 V.S.A. § 323 — VT Code / Title 3 / Chapter 13 / Section 323
§ 323. Definitions
Status: in_force

As used in this chapter, unless the context clearly requires otherwise:

(1) “Accountability” means the degree to which the holder of a position is accountable for the end results of his or her job performance.

(2) “Bona fide emergency” means an unanticipated need for short-term staffing:

(A) to prevent significant disruption to the continued operation of State government;

(B) to avoid serious or imminent harm to the public, critical services, or other staff; or

(C) to avoid jeopardizing public safety.

(3) “Class” means one or more positions sufficiently similar in nature, scope, and accountability that the same title, test of fitness, and schedule of compensation may be applied to each position.

(4) “Job evaluation” means the systematic method used to determine the value of each job in relation to other jobs within the State service.

(5) “Seasonal employment” means employment in a temporary position with a specific start date and anticipated end date for a period of not more than seven months in any 12-month period or employment in a temporary position with a specific start date and anticipated end date for a period of more than seven months that has been approved by the Commissioner of Human Resources pursuant to subdivision 331(c)(3) of this chapter. Seasonal employment includes employment in temporary positions that are available on a reoccurring basis from year to year.
3 V.S.A. § 3306 — VT Code / Title 3 / Chapter 56 / Section 3306
§ 3306. Technology Modernization Special Fund
Status: in_force

(a) Creation. There is created the Technology Modernization Special Fund, to be administered by the Agency of Digital Services. Monies in the Fund shall be used to fund business process transformation and to purchase, implement, and upgrade technology platforms, systems, and cybersecurity services used by State agencies and departments to carry out their statutory functions.

(b) Funds. The Fund shall consist of:

(1) any amounts transferred to it by the General Assembly; and

(2) any interest earned by the Fund.

(c) Fund balance. Any balance remaining at the end of the fiscal year shall remain in the Fund.

(d) Receipts. The Commissioner of Finance and Management may anticipate receipts to this Fund and issue warrants based thereon.

(e) Priorities. The General Assembly shall prioritize projects to receive monies from the Fund based on recommendations from the Chief Information Officer submitted pursuant to subsection 3303(a) of this title. Expenditures shall only be made from the fund through appropriation and project authorization by the General Assembly. Plans for use shall be submitted as part of the budget adjustment or budget process.
3APPENDIX V.S.A. § 1 — VT Code / Title 3APPENDIX / Chapter 30 / Section 1
§ 30-1. Exec. Order No. 30-1 (No. 30-76) [Department of Bus, Rail, Waterways and Motor Carrier Services]
Status: in_force

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.
3APPENDIX V.S.A. § 42 — VT Code / Title 3APPENDIX / Chapter 10 / Section 42
§ 10-42. Exec. Order No. 10-42 (No. 12-17) [Vermont Climate Action Commission]
Status: in_force

WHEREAS, through the 2016 Comprehensive Energy Plan, Vermont has committed to reducing greenhouse gas emissions by at least forty percent below 1990 levels by 2030 and eighty to ninety five percent below 1990 levels by 2050, and meeting ninety percent of energy needs from renewable sources by 2050; and

WHEREAS, while significant progress has been made in reducing greenhouse gas emissions from the electricity sector through the partnership of the nine Northeast states that form the Regional Greenhouse Gas Initiative, comparable emissions reductions from other sectors that contribute to more than ninety percent of greenhouse gas emissions in Vermont have not been achieved; and

WHEREAS, the State must work with a range of perspectives to develop a strategy to reduce greenhouse gas emissions and combat climate change that addresses these fundamental principles:

• solutions that reduce greenhouse gas emissions must spur economic activity, inspire and grow Vermont businesses, and put Vermonters on a path to affordability;

• the development of solutions must engage all Vermonters, so no individual or group of Vermonters is unduly burdened; and

• programs developed to reduce greenhouse gas emissions must collectively provide solutions for all Vermonters to reduce their carbon impact and save money.

NOW, THEREFORE, BE IT RESOLVED that I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby re-affirm Vermont's commitment to reduce greenhouse gas emissions from all sectors of the economy and create the Vermont Climate Action Commission to develop effective actions to meet those goals:

I. Commission Charge and Process.

The Commission shall have the following duties and responsibilities:

A. By July 31, 2018, draft and recommend, for the Governor's consideration, an action plan aimed at reaching the State's renewable energy and greenhouse gas reduction goals while driving economic growth, setting Vermonters on a path to affordability, and ensuring effective energy transition options exist for all Vermonters. The plan shall include specific actions recommended by the Commission to:

(i) implement the long-term policy goals of the Vermont Comprehensive Energy Plan;

(ii) reduce greenhouse gas emissions from all sectors, including those sectors not addressed in the Vermont Comprehensive Energy Plan; and

(iii) stimulate or support investment in the development of innovative technologies and strategies that have significant potential to reduce greenhouse emissions in Vermont.

B. Hold public scoping sessions to inform the recommendations of the action plan;

C. On or before December 31, 2017, evaluate existing State Executive Orders which are designed to address climate change issues and recommend, for the Governor's consideration, updates, modifications or sunset provisions.

D. Convene a Technical Advisory Group to provide additional expertise and analysis of technical issues that may be required to fulfill the Commission Charge. The Technical Advisory Group shall consist of persons available to the Commission on an as-needed basis to provide expertise in climate science; emission quantification; public health; transportation; energy generation, transmission, and storage; energy markets; banking; insurance; regional planning; building design and operation; and any other expertise the Commission deems appropriate.

II. Composition.

The Committee shall consist of twenty-one members, with representatives from the named sectors listed below to be appointed by the Governor:

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

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

C. the Commissioner of the Department of Public Service or designee;

D. the Secretary of the Agency of Transportation or designee;

E. one representative from the Agriculture sector;

F. one representative from the Clean Energy sector;

G. one representative from the Commercial Hauling or Trucking sectors;

H. one representative from the Construction or Development sectors;

I. one representative from an Energy Utility;

J. one representative from the Energy Efficiency sector;

K. one representative from a statewide Environmental Organization;

L. one representative from the Forestry or Forest Products sectors;

M. one representative from the Fuels sector;

N. one representative from Local Government;

O. one representative from the Manufacturing sector;

P. one representative from the Research and Development sector;

Q. one representative from the Rural Development sector;

R. one representative from a Small Business;

S. one representative from the Transportation Demand Management sector;

T. one representative from the Vermont Community Action Partnership; and

U. one Vermont student currently enrolled at a Vermont academic institution.

III. Chair of Commission and Commission Support.

The Chair of the Commission shall be the Secretary of the Agency of Natural Resources or designee. The Chair shall name a Co-Chair and may name an Executive Committee to assist him or her with managing the Commission Charge.

The Commission shall have the administrative, technical, and legal assistance of the Agency of Natural Resources. The Commission shall have technical assistance from the Department of Public Service; the Agency of Commerce and Community Development; and the Agency of Transportation.

IV. Authority of Agencies.

This Executive Order shall not limit the independent authority of a State agency to promulgate regulations related to greenhouse gas emissions and climate change in Vermont.

V Effective Date.

This Executive Order supersedes and replaces Executive Order No. 15-12 dated December 28, 2012 (codified as Executive Order 10-40). This Executive Order shall take effect upon signing.

Dated July 20, 2017.
3 V.S.A. § 257 — VT Code / Title 3 / Chapter 11 / Section 257
§ 257. Appointments and vacancies requiring advice and consent of Senate
Status: in_force

(a) Appointments required to be made pursuant to section 256 of this title in the month of February, with the advice and consent of the Senate, shall be valid if made and confirmed at any time during the then regular biennial session of the General Assembly. If not made and confirmed in such month of February, the term of office of the person appointed and confirmed thereafter shall extend to and include the day whereon his or her term would expire had he or she been appointed and confirmed in such month of February.

(b) When a vacancy occurs in an office requiring appointment with the advice and consent of the Senate, an appointment may be made to fill the vacancy. If the appointment to fill the vacancy is made during any adjournment of the General Assembly the person appointed may validly function in that office during adjournment until the Senate convenes at the next regular, adjourned, or special session and acts upon the appointment submitted forthwith by the Governor; or if the appointment to fill the vacancy is made during any session of the General Assembly, the person appointed may validly function in that office until the Senate shall act upon the appointment submitted forthwith by the Governor. Thereafter the appointee shall continue in office if the Senate consents to the appointment.
3 V.S.A. § 1030 — VT Code / Title 3 / Chapter 28 / Section 1030
§ 1030. Prevention of unfair practices
Status: in_force

(a) The Board may prevent any person from engaging in any unfair labor practice prohibited under this chapter. Whenever a charge is made that any person has engaged in or is engaging in any unfair labor practice, the Board may issue and cause to be served upon that person a complaint stating the charges and containing a notice of hearing before the Board at a place and time that is at least seven days after the complaint is served. No complaint shall issue based on any unfair labor practice occurring more than six months prior to the filing of the charge with the Board and service of a copy on the person against whom the charge is made, unless the person aggrieved was prevented from filing the charge by reason of service in the U.S. Armed Forces, in which event the six-month period shall be computed from the day of discharge.

(b) The person complained against may file an answer to the complaint and appear and present evidence. The Board may permit any other person to intervene and present evidence in the matter. A proceeding under this section shall, so far as practicable, be conducted in accordance with Rules of Evidence. The Board shall make a transcript of the hearing in the event the decision of the Board is appealed.

(c) The Board may administer oaths, take testimony, subpoena witnesses, and demand production of documents. Officers who serve subpoenas issued by the Board and witnesses attending hearings shall be paid fees and compensation on vouchers of the Board at the same rates as officers and witnesses in causes before a Criminal Division of the Superior Court.

(d) If the Board finds, based on a preponderance of the evidence, that any person named in the complaint has engaged in or is engaging in any unfair labor practice, the Board shall issue an order and findings of fact, and cause to be served on that person an order requiring the person to cease and desist from the unfair labor practice and the Board shall take such affirmative action necessary to carry out the policies of this chapter. If the Board does not find that the person has engaged in any unfair labor practice, the Board shall issue written findings of fact and dismiss the complaint.

(e) In determining whether a complaint shall issue alleging a violation of subdivision 1026(1) or (2) of this title, and in deciding those cases, the same rules of the Board shall apply whether or not an employee organization is affiliated with a national or international employee organization.

(f) The Board shall not order reinstatement of any individual who has been suspended or discharged or award any back pay, if the individual was suspended or discharged for cause.
3 V.S.A. § 971 — VT Code / Title 3 / Chapter 27 / Section 971
§ 971. Intent of subchapter
Status: in_force

A State employee, as a trustee and servant of the people, shall be free to report, in good faith and with candor, waste, fraud, abuse of authority, violations of law, or a threat to the health of employees, the public, or persons under the care of the State without fear of reprisal, intimidation, or retaliation.
3APPENDIX V.S.A. § 17 — VT Code / Title 3APPENDIX / Chapter 33 / Section 17
§ 33-17. Exec. Order No. 33-17 (No. 01-08) [Building Bright Futures Council: A Public/Private Partnership]
Status: in_force

Superseded and replaced by Executive Order No. 33-19 (codified as Executive Order No. 06-09), dated June 27, 2009.
3 V.S.A. § 205 — VT Code / Title 3 / Chapter 9 / Section 205
§ 205. Duties of office
Status: in_force

Each commissioner of a department and each officer specified in this chapter, except the members of the boards specified in this chapter, shall devote the commissioner's or officer's entire time to the duties of the office.
3 V.S.A. § 3903 — VT Code / Title 3 / Chapter 59 / Section 3903
§ 3903. Designation of agencies to provide services and activities to ameliorate or eliminate poverty
Status: in_force

The Director shall designate private nonprofit community based organizations who have demonstrated or who can demonstrate the ability to provide services and activities as defined in subsection 3902(b) of this title as community services agencies.
3 V.S.A. § 10 — VT Code / Title 3 / Chapter 1 / Section 10
§ 10. Authority to delegate functions
Status: in_force

When by provisions of any laws enumerated in section 13 of this title the Governor is required to approve any act, appointment, employment, or decision done or made by any other officer of the State Government or by any board, commission, or agency of the State government, as a condition to such act, appointment, employment, or decision becoming effective, the power and duty of the Governor as regards such approval may be delegated by him or her to any of the duly elected State officers or to any officer appointed by the Governor, or appointed by the Governor and with consent of the Senate or appointed with the approval of the Governor and with the consent of the Senate.
3APPENDIX V.S.A. § 2 — VT Code / Title 3APPENDIX / Chapter 18 / Section 2
§ 18-2. Exec. Order No. 18-2 (No. 42-79) [State Employee Medical Benefit Plan Special Fund]
Status: in_force

WHEREAS, the State of Vermont is obligated to provide a certain program of medical care benefits to its eligible employees, and

WHEREAS, the state wishes to self-fund this program to achieve greater economic benefits for itself and its employees, and

WHEREAS, the state has contracted with a medical care benefit plan administrating company to administer the plan on behalf of the state, effective January 1, 1980, and

WHEREAS, to facilitate the administration of such health benefit plan, the state desires to establish a special fund account with the State Treasury,

NOW, THEREFORE, I, Richard A. Snelling, by virtue of the authority vested in me as Governor, do hereby order and direct that:

1. A special fund entitled “State Employee Medical Benefit Plan Special Fund” be established and a depository designated by the State Treasurer; and

2. The health insurance premium equivalents paid both by the state and its employees covering the period starting January 1, 1980 be deposited to this Special Fund as soon as practical after each pay period, and

3. Any interest or other earnings of the Special Fund shall be deposited into the Special Fund, and

4. Withdrawals from the Special Fund shall be made only for the purpose of paying medical benefits in accordance with the provisions of the state employees medical benefit plan and for paying certain administrative costs associated with the medical benefit plan which are determined appropriate by the Secretary of Administration.

FURTHER, BE IT ORDERED:

That the operation of this Special Fund be subject to the same legal compliance responsibilities and accountabilities as other state accounts under the direction of the State Treasurer, and

That appropriate and timely reports of Special Fund activity, including deposits, earnings, and withdrawals, be made by the Commissioner of Finance and the State Treasurer to the Secretary of Administration who shall have overall responsibility for the operation of the medical benefit plan and this Special Fund.

Dated November 30, 1979.
3APPENDIX V.S.A. § 8 — VT Code / Title 3APPENDIX / Chapter 29 / Section 8
§ 29-8. Exec. Order No. 29-8 (No. 70-83) [Transfer of Land From Agency of Development and Community Affairs, Historic Preservation Division, to Agency of Transportation]
Status: in_force

WHEREAS, it appears that for State Highway purposes in connection with Highway Project New Haven HHS 019-3 (16), it is necessary to acquire a certain piece of land located in the Town of New Haven, County of Addison, and State of Vermont and presently under the jurisdiction and control of the Agency of Development and Community Affairs, Historic Preservation Division;

WHEREAS, the State Transportation Board is charged with and has the responsibility for planning, constructing, and maintaining all such highway;

NOW THEREFORE, I, Richard A. Snelling, by virtue of the power vested in me as Governor of Vermont, do hereby transfer and set over from the Agency of Development and Community Affairs, Historic Preservation Division, to the jurisdiction and control of the Agency of Transportation for highway purposes the following described land, to wit:

Being part of the same land and premises conveyed to Historic Sites Division, Agency of Development and Community Affairs by Vermont Public Service Board by Executive Order #22, dated November 26, 1975, and recorded in Book 35, Pages 260-264, of the Town of New Haven Land Records and being more particularly described as follows:

Being Parcel #5 consisting of 0.15 acre, more or less, land as shown on page 10 of the plans of Highway Project New Haven HHS 019-3 (16) as filed on the 2nd day of December, 1982, in the office of the Clerk of New Haven.

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

A temporary easement during the period of construction to enter upon land of the Grantor herein to construct a drive right of and between approximate survey stations 228 + 10 and 289 + 35, of the established centerline of said Highway Project.

In consideration for the above transfer, the Agency of Transportation is hereby ordered and directed to pay to the Agency of Development and Community Affairs, Historic Preservation Division, the sum of One dollar and No/100 ($1.00).

Dated March 22, 1983.
3APPENDIX V.S.A. § 4 — VT Code / Title 3APPENDIX / Chapter 30 / Section 4
§ 30-4. Exec. Order No. 30-4 (No. 09-95) [Extension of Declaration of Energy Emergency with Respect to Damaged PV20 Transmission Line]
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. § 2 — VT Code / Title 3APPENDIX / Chapter 33 / Section 2
§ 33-2. Exec. Order No. 33-2 (No. 02-77) [Licensing and Regulation Division, Human Services Agency]
Status: in_force

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.
3 V.S.A. § 154 — VT Code / Title 3 / Chapter 7 / Section 154
§ 154. Assistance
Status: in_force

In the investigation and preparation for presentation to, or trial before, any court or tribunal of any cause or matter in which the State is a party or is interested, the Attorney General may employ such persons as in the Attorney General's judgment the public good requires, to search out, procure, and prepare evidence, and the Commissioner of Finance and Management shall issue warrants therefor. An investigator who has successfully completed a course of training under 20 V.S.A. chapter 151 shall have the same powers as sheriffs in criminal matters and the enforcement of the law and in serving criminal process, and shall have all the immunities and matters of defense now available or hereafter made available to sheriffs in a suit brought against them in consequence for acts done in the course of their employment.
3 V.S.A. § 2454 — VT Code / Title 3 / Chapter 47 / Section 2454
§ 2454. Directors
Status: in_force

(a) A director shall administer each division created within the department. The commissioners, with the approval of the Secretary, shall appoint the directors for divisions that are part of a department, and the Secretary shall appoint any other directors. All directors shall be appointed subject to section 12 of this act.

(b) Each division and its officers shall be under the direction and control of the appointing authority, except with regard to judicial or quasi-judicial acts or duties vested in them by law.

(c) No rule or regulation may be issued by a director of a division without the approval of the appointing authority.
3APPENDIX V.S.A. § 17 — VT Code / Title 3APPENDIX / Chapter 18 / Section 17
§ 18-17. Exec. Order No. 18-17 (No. 08-09) [Governor's Health Care Cabinet]
Status: in_force

Superseded and replaced by Executive Order No. 06-10 (codified as Executive Order No. 18-19), dated July 30, 2010.
3 V.S.A. § 2477 — VT Code / Title 3 / Chapter 47 / Section 2477
§ 2477. Rental Housing Advisory Board
Status: in_force

(a)(1) The Department of Housing and Community Development shall create the Rental Housing Advisory Board consisting of 11 members, each of whom shall be a resident of Vermont and shall be appointed by the Commissioner of the Department, as follows:

(A) three members representing landlords, one of whom is a for-profit landlord and one of whom represents a nonprofit housing provider;

(B) three members representing tenants;

(C) three members representing municipalities; and

(D) two members of the public.

(2) A member shall serve a term of three years.

(3) The Board shall annually elect a chair from among its members.

(4) A majority of the Board shall constitute a quorum for transacting business.

(5) The Board shall take action by a majority vote of the members present and voting.

(b) The Board shall be staffed by the Department, which, along with the Departments of Health and of Public Safety, shall provide support to the Board as required.

(c) The Board shall have the following powers and duties:

(1) to act as an advisory group to the Governor, General Assembly, and appropriate State agencies on issues related to rental housing statutes, policies, and rules;

(2) to report regularly to the Vermont Housing Council on its deliberations and recommendations;

(3) to work with appropriate State agencies on developing adequate data on the location and condition of Vermont's rental housing stock;

(4) to provide guidance to the State on the implementation of programs, policies, and rules better to support decent, safe, and sanitary housing, including recommendations for incentives and programs to assist landlords with building repairs;

(5) to provide information to community partners, municipalities, landlords, and tenants, including educational materials on applicable rental housing statutes, rules, and ordinances; and

(6) in preparation for a natural disaster, to collect information regarding available resources, disaster-related information, and community needs, and, in the event of a natural disaster, work with government authorities in charge of disaster response and communication.
3 V.S.A. § 3094 — VT Code / Title 3 / Chapter 53 / Section 3094
§ 3094. Office of Child Support
Status: in_force

(a) The Office of Child Support is created within the Department for Children and Families and shall be designated the IV-D agency for purposes of Title IV-D of the federal Social Security Act.

(b) The Office shall be headed by a Director, who shall be appointed by the Secretary of Human Services subject to section 3054 of this title.
3 V.S.A. § 261 — VT Code / Title 3 / Chapter 11 / Section 261
§ 261. Officers of State institutions
Status: in_force

A trustee or supervisor of a State institution, except the University of Vermont and State Agricultural College, shall not be employed in any capacity in such institution, nor shall the Commissioner of Corrections be employed in any capacity in any State institution over which he or she has supervision or charge. If such an officer accepts employment in a State institution contrary to the provisions of this section, his or her office shall be vacant.
3 V.S.A. § 164a — VT Code / Title 3 / Chapter 7 / Section 164a
§ 164a. Restitution
Status: in_force

(a) A diversion program may refer an individual who has suffered a pecuniary loss as a direct result of a delinquent act or crime alleged to have been committed by a juvenile or adult accepted to its program to the Restitution Unit established by 13 V.S.A. § 5362 for the purpose of application for an advance payment pursuant to 13 V.S.A. § 5363(d)(1). The Restitution Unit may enter into a repayment contract with a juvenile or adult accepted into diversion and shall have the authority to bring a civil action to enforce the repayment contract in the event that the juvenile or adult defaults in performing the terms of the contract.

(b) The Restitution Unit and the diversion program shall develop a process for documenting victim loss, information sharing between the Unit and diversion programs regarding the amount of restitution paid by the Unit and diversion participants' contractual agreements to reimburse the unit, transmittal of payments from participants to the Unit, and maintenance of the confidentiality of diversion information.
3APPENDIX V.S.A. § 2 — VT Code / Title 3APPENDIX / Chapter 3 / Section 2
§ 3-2. Exec. Order No. 3-2 (No. 44-72) [Administrative Districts]
Status: in_force

WHEREAS, by the terms of No. 74 of the Acts of 1971, authority was granted to the Governor to make changes in the organization of the administrative districts of the State; and

WHEREAS, such changes are to be proposed by executive order and submitted to both houses of the General Assembly for consideration;

NOW, THEREFORE, I, Deane C. Davis, by virtue of the authority in me vested as Governor, and considering certain changes to be necessary for efficient administration, do hereby propose:

1. That paragraph (1) of chapter 65, Title 3, Vermont Statutes Annotated, § 4001, be amended as follows:

(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, Sherburne, Shrewsbury, Sudbury, Tinmouth, Wallingford, Wells, West Haven, and West Rutland.

2. That the following paragraph (8) be added to § 4001 of chapter 65, Title 3, Vermont Statutes Annotated:

(8) District 8: Arlington, Bennington, Dorset, Glastenbury, Landgrove, Manchester, Peru, Pownal, Rupert, Sandgate, Shaftsbury, Stamford, Sunderland, and Woodford.

3. The district offices designated under § 4002, shall be amended as follows:

(1) District 1: Rutland City

(2) District 2: Brattleboro and Springfield

(3) District 3: Hartford

(4) District 4: Burlington City and Middlebury

(5) District 5: Barre City and Morristown

(6) District 6: St. Albans City

(7) District 7: St. Johnsbury and Newport

(8) District 8: Bennington

4. The designation of sub-district offices under § 4003 shall be eliminated.

Dated January 12, 1972.
3 V.S.A. § 2701 — VT Code / Title 3 / Chapter 49 / Section 2701
§ 2701. Agency and Secretary created
Status: in_force

There is created an Agency of Education that shall be under the direction and supervision of a Secretary of Education.
3 V.S.A. § 487 — VT Code / Title 3 / Chapter 16 / Section 487
§ 487. Rates of contribution
Status: in_force

Employees who become members of the Vermont State Retirement System under the provisions of this subchapter shall contribute at the same rate and in the same manner as if they were employees of the State of Vermont. The actuary of the System shall compute the contributions that would be payable annually by the employer on behalf of such members corresponding to the contributions that the State of Vermont makes on behalf of State employees, except that each employer of members participating in the Vermont State Retirement System as provided in this subchapter shall make a special accrued liability contribution on account of the participation of its employees, which shall be determined by an actuarial valuation of the accrued liability on account of the employees of such employer who become members, in the same way as the accrued liability rate was originally determined for employees of the State of Vermont. This special accrued liability contribution, subject to such adjustment as may be necessary on account of any additional credits for service prior to the date of participation of its employees in the System awarded by such employer, shall be payable in lieu of the accrued liability contribution payable on account of other employees in the Vermont State Retirement System. The expense of making the valuation to determine any special accrued liability contribution shall be assessed against and paid by the employer on whose account it was necessary. Prior to the determination of the special accrued liability contribution, the employer shall make accrued liability contributions at the accrued liability rate payable by the State of Vermont on behalf of State employees.
3 V.S.A. § 2222d — VT Code / Title 3 / Chapter 45 / Section 2222d
§ 2222d. Repealed. 2019, No. 85 (Adj. Sess.), § 11(a), eff. July 1, 2026
Status: in_force

(a) As used in this section, “employee misclassification” means:

(1) the misclassification of an employee as an independent contractor; or

(2) a violation of 21 V.S.A. § 687 or 708 that results from an employer claiming that it is not an employer as defined pursuant to 21 V.S.A. § 601(3) or that an individual is not a worker or employee as defined pursuant to 21 V.S.A. § 601(14).

(b) The Employee Misclassification Task Force is created to coordinate efforts to combat misclassification of workers and to ensure enforcement of all related laws and regulations. The Task Force shall be overseen by the Office of the Attorney General and shall be composed of the following members:

(1) the Attorney General or designee;

(2) the Secretary of Administration or designee;

(3) the Secretary of Transportation or designee;

(4) the Commissioner of Buildings and General Services or designee;

(5) the Commissioner of Labor or designee;

(6) the Commissioner of Financial Regulation or designee;

(7) the Secretary of Human Services or designee;

(8) the Commissioner of Taxes or designee; and

(9) the Commissioner of Liquor and Lottery or designee.

(c)(1) The Task Force shall meet at least quarterly.

(2) The Attorney General or designee shall be the Chair of the Task Force.

(d) The Task Force shall ensure that all State agencies coordinate their efforts to combat employee misclassification in a manner that increases the efficiency and effectiveness of those efforts.

(e)(1) The Attorney General shall report annually on or before January 15 of each year to the House Committees on Commerce and Economic Development and on Ways and Means and the Senate Committees on Economic Development, Housing and General Affairs and on Finance regarding activities undertaken pursuant to this section and any additional tax revenue and unemployment insurance contributions, as well as any reduction in workers' compensation premiums and costs, realized as a result of the efforts undertaken pursuant to this section.

(2) The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection.

(f) On or before December 15, 2021, the Task Force shall submit a written report to the House Committee on Commerce and Economic Development and the Senate Committee on Economic Development, Housing and General Affairs regarding ways to improve the effectiveness and efficiency of the system of joint enforcement by the Commissioner of Labor and the Attorney General of the laws related to employee misclassification that is established pursuant to 21 V.S.A. §§ 3, 346, 387, 712, and 1379. In particular, the report shall examine:

(1) potential legislative changes to address shortcomings or difficulties identified by the Task Force in relation to the system of joint enforcement;

(2) potential legislative changes to enable either the Commissioner of Labor or the Attorney General to seek the full, combined range of penalties and remedies that are currently available to them through joint enforcement;

(3) whether to expand the joint enforcement of the laws related to employee misclassification to include additional agencies or departments of the State and potential legislative changes to accomplish such an expansion;

(4) the possibility of creating a private right of action to enforce the provisions of 21 V.S.A. chapter 5, subchapters 2 and 3, and 21 V.S.A. chapters 9 and 17 that relate to employee misclassification; and

(5) the possibility of creating a private attorneys general act modeled on California law for the enforcement of the provisions of 21 V.S.A. chapter 5, subchapters 2 and 3, and 21 V.S.A. chapters 9 and 17 that relate to employee misclassification.
3 V.S.A. § 128 — VT Code / Title 3 / Chapter 5 / Section 128
§ 128. Disciplinary action to be reported to the Office
Status: in_force

(a)(1) Any hospital, clinic, community mental health center, or other health care institution in which a licensee performs professional services shall report to the Office, along with supporting information and evidence, any disciplinary action taken by it or its staff that limits or conditions the licensee's privilege to practice or leads to suspension or expulsion from the institution.

(2) The report shall be made within 10 days of the date the disciplinary action was taken, regardless of whether the action is the subject of a pending appeal, and in the case of a licensee who is employed by, or under contract with, a community mental health center, a copy of the report shall also be sent to the Commissioners of Mental Health and of Disabilities, Aging, and Independent Living.

(3) This section shall not apply to cases of resignation, separation from service, or changes in privileges that are unrelated to:

(A) a disciplinary or adverse action;

(B) an adverse action report to the National Practitioner Data Bank;

(C) an unexpected adverse outcome in the care or treatment of a patient;

(D) misconduct or allegations of misconduct;

(E) the initiation or process of an action to limit, condition, or suspend a licensee's privilege to practice in an institution;

(F) an action to expel the licensee from an institution; or

(G) any other action that could lead to an outcome described in subdivisions (A) through (F) of this subdivision (3).

(b) Within 30 days of any judgment or settlements involving a claim of professional negligence by a licensee, any insurer of the licensee shall report such information to the Office, regardless of whether the action is the subject of a pending appeal.

(c) Information provided to the Office under this section shall be confidential unless the Office decides to treat the report as a complaint, in which case the provisions of section 131 of this title shall apply.

(d) A person who acts in good faith in accord with the provisions of this section shall not be liable for damages in any civil action.

(e) A person who violates this section shall be subject to a civil penalty of not more than $1,000.00.
3APPENDIX V.S.A. § 11 — VT Code / Title 3APPENDIX / Chapter 29 / Section 11
§ 29-11. Exec. Order No. 29-11 (No. 84-84) [Transfer of Land and Premises in Town of Bethel From Agency of Transportation to Agency of Environmental Conservation, Department of Fish and Wildlife]
Status: in_force

WHEREAS, it appears that certain land and premises located in the Town of Bethel, County of Windsor and State of Vermont, owned by the State of Vermont, hereinafter described and presently under the jurisdiction of the Agency of Transportation have become and are no longer necessary for state highway purposes; and

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

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 Transportation to the jurisdiction and control of the Agency of Environmental Conservation, Department of Fish and Wildlife for its purposes the following described land and premises, to wit:

All and the same land and premises conveyed to the State of Vermont by Fred L. Whitney by Warranty Deed dated January 3, 1952 and recorded in Volume 40, page 130 of the Bethel Land Records; and further described in said deed as follows:

“Beginning on the southerly edge of the water in the White River as it now stands at its present height; thence S36°W 15 rods and 8 links to an iron pin at the lower side of an old farm road; thence N76°W 15 rods and 5 links to an iron pin with a pile of stone around it at the edge of the bank; thence N31°30′W 25 rods and 20 links to an iron pin at the base of a 16″ beech tree; thence by the nearest line to the water of the White River being about 3 rods; thence easterly down said river to the place of beginning.”

Dated September 28, 1984.
3 V.S.A. § 220 — VT Code / Title 3 / Chapter 9 / Section 220
§ 220. Classified employees in exempt positions
Status: in_force

(a) A State employee in the classified service, upon appointment to an exempt position, may request an indefinite leave of absence without pay from his or her classified position for so long as he or she remains in the exempt position. Upon approval in writing by the administrative head of the agency, department or like instrumentality in which the employee is serving, and upon concurrence by the Commissioner of Human Resources, the employee may enter the exempt position with rights determined under this section.

(b) During service in the exempt position, and if the approved request so specifies, the employee's rights to sick leave and rights under retirement and insurance plans shall be continued.

(c) Upon leaving the exempt position, the employee shall not have a guarantee of returning to his or her former position, nor to any other classified position. However, where the employee has at least 10 years of classified service, the Commissioner of Human Resources shall provide for the employee to be offered a position in the classified service, but not necessarily the former position, at the same or lower paygrade as the position previously held, provided the employee was not dismissed from the exempt position for cause. Any such offer of employment shall be made within 30 days of separation from the exempt position. For such employees entering the exempt service after July 1, 1994, their approved request for a leave of absence shall specify a request to return. Otherwise, the employee may be offered a classified position in State government if:

(1) the employee's approved request specifies a right to return to classified service;

(2) the classified position is vacant and is at the same or a lower pay grade as the employee's previous classified position; and

(3) the employee possesses the minimum qualifications required in the specification for that position class.

(d) If an employee accepts an offer of employment under subsection (c) of this section, and if the employee's approved request so specifies, the employee shall be entitled to the benefits of any increments to which he or she would have been entitled by reason of continuous service in a classified position, but for the appointment to the exempt position.

(e) Subject to the approval of the Governor, a classified employee who has satisfactorily completed any required probationary period, may be permitted to accept an assignment or appointment to fulfill the duties of an exempt position for a brief period of time, not to exceed one year, without having to resign or take a leave of absence from the classified service. Any such employee shall be compensated in accordance with compensation provisions applicable to the exempt position.
3 V.S.A. § 2513 — VT Code / Title 3 / Chapter 47 / Section 2513
§ 2513. Action on notice
Status: in_force

(a) The agency or department shall notify the Commissioner of the amount of the benefit conferred to the business over the qualified period.

(b) The Commissioner shall:

(1) assess such amount of benefit conferred against the business or the successors in interest to that business; and

(2) notify the business or successor in interest of the assessment by certified mail within 30 days of receiving notice pursuant to subsection (a) of this section.

(c) The agency or department that granted the benefit shall:

(1) Provide a hearing within 30 days, if one is requested by the business within 15 days of assessment by the Commissioner. An aggrieved business may within 30 days appeal a determination by the agency or department to the Washington Superior Court or the Superior Court of the county of the place of business.

(2) Have the discretion to reduce the amount of the benefit that it requests the Commissioner to assess, upon showing of good cause.

(d)(1) A business shall pay an assessment within 90 days of the date of assessment or 30 days after the final decision of the agency, department, or court as a result of a hearing pursuant to this subchapter.

(2) Assessments under this subsection shall bear interest from the date of assessment at the rate determined under 32 V.S.A. § 3108.
3APPENDIX V.S.A. § 6 — VT Code / Title 3APPENDIX / Chapter 13 / Section 6
§ 13-6. Exec. Order No. 13-6 (No. 10-10) [Criminal Justice Cabinet]
Status: in_force

Superseded and replaced by Executive Order No. 3-61 (codified as Executive Order No. 02-14), dated June 17, 2014.
3APPENDIX V.S.A. § 5 — VT Code / Title 3APPENDIX / Chapter 19 / Section 5
§ 19-5. Exec. Order No. 19-5 (No. 02-15) [Governor's Highway Safety Program]
Status: in_force

WHEREAS, the Governor is responsible for administering the State's Highway Safety Program and may designate an appropriate agency and representative to implement the program;

WHEREAS, the Governor's Highway Safety Program currently resides at the Department of Public Safety;

WHEREAS, since 2012, the Agency of Transportation (“VTrans”) has had a leadership role in the formation of Vermont's Highway Safety Alliance, and currently implements highway safety improvements throughout the transportation network; and

WHEREAS, VTrans is now is required by Section 1203 of the Moving Ahead for Progress in the 21st Century Act, Pub. L. No. 112-141 (2012) (“MAP-21”) to meet federal highway safety performance measures and to implement a highway safety improvement program.

NOW, THEREFORE, BE IT RESOLVED that I, Peter Shumlin, by virtue of the power vested in me as Governor, do hereby designate the Agency of Transportation as the appropriate agency to implement the State's Highway Safety Program, and do further designate the Secretary of Transportation as the Governor's Representative for Highway Safety.

This Executive Order supersedes Executive Order 19-4 (codified as 02-03) dated March 20, 2003, on the same subject.

Dated March 20, 2015
3APPENDIX V.S.A. § 20 — VT Code / Title 3APPENDIX / Chapter 18 / Section 20
§ 18-20. Exec. Order No. 18-20 (No. 10-11) [Blue Ribbon Commission on Nursing]
Status: in_force

Expired by its own terms, effective September 30, 2012.
3APPENDIX V.S.A. § 46 — VT Code / Title 3APPENDIX / Chapter 3 / Section 46
§ 3-46. Exec. Order No. 3-46 (No. 06-05) [Rescinding Certain Executive Orders]
Status: in_force

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, the Executive Order has been used 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, these orders are of continuous effect unless expressly limited in duration, or revoked, rescinded or superseded; and

WHEREAS, certain executive orders are either no longer useful, no longer effective, or have been superseded by legislative enactment, and yet remain in existence.

NOW THEREFORE, I, James H. Douglas, 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 #3-1 (formerly 13-69) dated October 17, 1969 (Planning & Community Service Agency);

Executive Order #3-4 (formerly 21-78) dated August 25, 1978 (Transfer of Utility Driver Position from Agency of Human Services to Purchasing Division, Agency of Administration);

Executive Order #3-5 (formerly 32-79) dated July 2, 1979 (Transfer of Clerk B Position from Office of Secretary of State to Division of Public Records, Agency of Administration);

Executive Order #3-10 (formerly 20-86) dated April 10, 1986 (Governor's Commission on Women);

Executive Order #3-11 (formerly 35-87) dated August 6, 1987 (Abolition of Certain Departments and Divisions and Establishment of the Department of General Services and Department of Finance & Management);

Executive Order #3-12 (formerly 36-87) dated January 14, 1987 (Transfer of Certain Positions and Appropriations from Agency of Environmental Conservation, Department of Water Resources to Department of Labor & Industry);

Executive Order #3-13 (formerly 45-87) dated July 7, 1987 (Transfer of Certain Positions, Functions and Appropriations of Certain Agencies and the Central Support Services Revolving Fund to Department of General Services);

Executive Order #3-16 (formerly 1-91) dated January 15, 1991 (Transfer of Duties and Director of Office of Economic Opportunity From Agency of Human Services to Department of Prevention, Assistance, Transition, and Health Access);

Executive Order #3-17 (formerly 2-91) dated January 15, 1991 (Transfer of Duties Relating to Public Drinking Water Program and Positions and Equipment of Division of Environmental Health from Department of Health to Department of Environmental Conservation);

Executive Order #3-22 (formerly 3A-92) dated June 15, 1992 (Recognition, Structure and Powers of Vermont Center for Geographic Information and Transfer of Functions from Geographic Information Services);

Executive Order #3-28 (formerly 11-94) dated October 20, 1994 (Reimbursement for Members of the Governor's Commission on Women);

Executive Order #10-1 (formerly 25-70) dated June 1, 1970 (Environmental Conservation Agency);

Executive Order #10-2 (formerly 26-70) dated July 1, 1970 (Transfer of Functions Relating to Water Pollution, Air Pollution, Radiation Pollution, Waste Disposal and Granting Permits to Environmental Conservation Agency);

Executive Order #10-3 (formerly 29-71) dated January 14, 1971 (Transfer of Tourist Information and Outdoor Advertising Functions to Agency of Development and Community Affairs);

Executive Order #10-4 (formerly 34-71) dated April 15, 1971 (Transfer of Funds to Agency of Development and Community Affairs);

Executive Order #10-5 (formerly 43-71) dated October 6, 1971 (Transfer of Functions Relating to Industrial Hygiene and Ionizing Radiation to Department of Health);

Executive Order #10-6 (formerly 10a-77) dated September 27, 1977 (Transfer of Duties and Functions of Division of Outdoor Advertising);

Executive Order #10-7 (formerly 61-81) dated August 26, 1981 (Transfer of Division of Protection, Agency of Environmental Conservation to Department of Water Resources and Environmental Engineering);

Executive Order #10-11 (formerly 71-89) dated January 13, 1989 (Transfer of Authority to Administer Solid Waste Grant Programs from Secretary of Development and Community Affairs to Secretary of Natural Resources);

Executive Order #10-12 (formerly 84-90) dated January 22, 1990 (Designation of Department of Environmental Conservation and Department of Housing And Community Affairs as Agencies to Administer 10 V.S.A. Chapter 153);

Executive Order #16-1 (formerly 11-93) dated October 14, 1993 (Identification of Vermont Higher Education Council as Postsecondary Review Entity);

Executive Order #16-3 (formerly 13-94) dated November 21, 1994 (Vermont Goals 2000 Commission);

Executive Order #17-1 (formerly 21-86) dated April 17, 1986 (Provision of Nonpartisan Voter Registration Services by State Agencies);

Executive Order #18-5 (formerly 14-91) dated November 26, 1991 (Rabies Task Force);

Executive Order #18-8 (formerly 03-94) dated February 9, 1994 (Drug Policy Cabinet);

Executive Order #19-1 (formerly 12-91) dated November 21, 1991 (Functions of Division of Planning, Agency of Transportation;

Executive Order #19-2 (formerly 04-94) dated April 6, 1994 (Designation of Agency of Transportation as Administrator of the Highway Safety Program);

Executive Order #20-4 (formerly 58-88) dated January 29, 1988 (Veterans' Advisory Council);

Executive Order #21-1 (formerly 36-70) dated September 1, 1970 (Transfer of Funds and Responsibilities for Program of Day Care Services for Children of Working Mothers and Guardians);

Executive Order #21-2 (formerly 55-81) dated January 13, 1981 (Administration of Comprehensive Employment and Training Office);

Executive Order #21-3 (formerly 4-85) dated April 18, 1985 (Wage Rates on Rouse's Point Bridge Project);

Executive Order #21-4 (formerly 02-93) dated January 21, 1993 (Governor's Advisory Council on Workers' Compensation);

Executive Order #21-7 (formerly 06-01) dated September 21, 2001 (Transfer of the Division of Occupational Health from the Department of Health to the Department of Labor and Industry);

Executive Order #23-1 (formerly 20-70) dated April 27, 1970 (Truck Permit Section);

Executive Order #30-1 (formerly 30-76) dated May 12, 1976 (Department of Bus, Rail, Waterways and Motor Carrier Services);

Executive Order #33-1 (formerly 3-73) dated January 12, 1973 (Cash Recipients of Social Services);

Executive Order #33-2 (formerly 2-77) dated January 14, 1977 (Licensing & Regulation Division, Human Services Agency);

Executive Order #33-3 (formerly 19-78) dated June 30, 1978 (Positions Transferred to Agency of Human Services);

Executive Order #33-4 (formerly 28-79) dated March 2, 1979 (Work Incentive Program);

Executive Order #33-5 (formerly 33-79) dated July 2, 1979 (Transfer of Typist C Position from Secretary of State to Division of Vital Statistics, Department of Health, Agency of Human Services);

Executive Order #33-6 (formerly 40-79) dated September 28, 1979 (Transfer of Van, Utility Driver and Mail Clerk A from Agency of Administration, Division of Purchasing, to Agency of Human Services, Central Office);

Executive Order #33-8 (formerly 48-87) dated July 17, 1987 (Vermont Housing Roundtable).

This Executive Order shall take effect upon signing.

Dated September 13, 2005.
3 V.S.A. § 965 — VT Code / Title 3 / Chapter 27 / Section 965
§ 965. Prevention of unfair practices
Status: in_force

(a) The Board may prevent any person from engaging in any unfair labor practice listed in sections 961–962 of this title. Whenever a charge is made that any person has engaged in or is engaging in any unfair labor practice, the Board may issue and cause to be served upon that person a complaint stating the charges in that respect and containing a notice of hearing before the Board at a place and time fixed at least seven days after the complaint is served. The Board may amend the complaint at any time before it issues an order based thereon. No complaint shall issue based on any unfair labor practice occurring more than six months prior to the filing of the charge with the Board and the service of a copy thereof upon the person against whom such charge is made, unless the person aggrieved thereby was prevented from filing the charge by reason of service in the U.S. Armed Forces, in which event the six-month period shall be computed from the day of his or her discharge.

(b) The person complained of shall have the right to file an answer to the original or amended complaint and appear in person or otherwise and present evidence in connection therewith at the time and place fixed in the complaint. In the discretion of the Board, any other person may be permitted to intervene and present evidence in the matter. Any proceeding under this section shall, so far as practicable, be conducted in accordance with Rules of Evidence used in the courts. The Board shall provide for the making of a transcript of the testimony presented at the hearing.

(c) The Board shall have power to administer oaths and take testimony under oath relative to the matter of inquiry. At any hearing ordered by the Board, the Board shall have the power to subpoena witnesses and to demand the production of books, papers, records, and documents for its examination. Officers who serve subpoenas issued by the Board and witnesses attending hearings conducted by the Board shall receive fees and compensation at the same rates as officers and witnesses in causes before a Criminal Division of the Superior Court, to be paid on vouchers of the Board.

(d) If upon the preponderance of the evidence, the Board finds that any person named in the complaint has engaged in or is engaging in any such unfair labor practice, it shall state its finding of fact in writing and shall issue and cause to be served on that person an order requiring him or her to cease and desist from the unfair labor practice and to take such affirmative action as will carry out the policies of this chapter. If upon the preponderance of the evidence the Board does not find that the person named in the complaint has engaged in or is engaging in any unfair labor practice, it shall state its findings of fact in writing and dismiss the complaint.

(e) In determining whether a complaint shall issue alleging a violation of subdivision 961(1) or (2) of this title, and in deciding those cases, the same regulations and rules of decision shall apply irrespective of whether or not an employee organization affected is affiliated with an employee organization national or international in scope.

(f) No order of the Board shall require the reinstatement of any individual as an employee who has been suspended or discharged or the payment to him or her of any back pay, if such individual was suspended or discharged for cause, except through the grievance procedures.
3 V.S.A. § 1227 — VT Code / Title 3 / Chapter 31 / Section 1227
§ 1227. Investigations [Effective September 1, 2027]
Status: in_force

(a) Power to investigate. The Commission, through its Executive Director, may investigate public servants for alleged unethical conduct. The Commission may investigate alleged unethical conduct after receiving a complaint pursuant to section 1223 of this title. The Commission may also investigate suspected unethical conduct without receiving any complaint.

(b) Initiation of investigation by Commission vote. The Executive Director shall only initiate an investigation upon an affirmative vote to proceed with the investigation of unethical conduct by a majority of current members of the Commission who have not recused themselves.

(c) Statute of limitations. The Commission shall only initiate an investigation relating to unethical conduct that last occurred within the prior two years.

(d) Outside legal counsel and investigators. The Executive Director may appoint legal counsel, who shall be an attorney admitted to practice in this State, and investigators to assist with investigations, hearings, and issuance of warnings, reprimands, and recommended actions.

(e) Notice. The Executive Director shall notify the complainant and public servant, in writing, of any complaint being investigated.

(f) Complainant participation. A complainant shall have the right to be heard in an investigation resulting from the complaint.

(g) Timeline of investigation. An investigation shall conclude within six months after either the date of the complaint received or, in the event no complaint was received, the date of the investigation's initiation by the Executive Director.

(h) Burden of proof. For a hearing to be warranted subsequent to an investigation, the Executive Director shall find that there is a reasonable basis to believe that the public servant's conduct constitutes an unethical violation.

(i) Determination after investigation.

(1) Upon investigating the alleged unethical conduct, if the Executive Director determines that an evidentiary hearing is warranted, the Executive Director shall notify the Commission. If a majority of current members of the Commission who have not recused themselves vote in concurrence with the Executive Director's determination that an evidentiary hearing is warranted, the Executive Director shall prepare an investigation report specifying the public servant's alleged unethical conduct, a copy of which shall be served upon the public servant and any complainant, together with the notice of hearing set forth in section 1228 of this title.

(2) Upon investigating the alleged unethical conduct, if the Executive Director determines that an evidentiary hearing is not warranted, the Executive Director shall notify the Commission, the public servant, and any complainant, in writing, of the result of the investigation and the termination of proceedings.
3 V.S.A. § 110 — VT Code / Title 3 / Chapter 5 / Section 110
§ 110. Surveyor General's papers
Status: in_force

All books, papers and records of the Surveyor General which are in the possession of the State or may come into its possession shall be in the custody of the Secretary of State, and copies thereof duly certified by such officer shall be evidence in court and have the same force as the original.
3 V.S.A. § 2224 — VT Code / Title 3 / Chapter 45 / Section 2224
§ 2224. Transfer of personnel
Status: in_force

The Secretary, with the approval of the Governor, may transfer classified positions between State departments and other components of the Agency, subject only to personnel laws and rules.
3 V.S.A. § 904 — VT Code / Title 3 / Chapter 27 / Section 904
§ 904. Subjects for bargaining
Status: in_force

(a) All matters relating to the relationship between the employer and employees shall be the subject of collective bargaining except those matters that are prescribed or controlled by statute. The matters appropriate for collective bargaining to the extent they are not prescribed or controlled by statute include:

(1) wages, salaries, benefits, and reimbursement practices relating to necessary expenses and the limits of reimbursable expenses;

(2) minimum hours per week;

(3) working conditions;

(4) overtime compensation and related matters;

(5) leave compensation and related matters;

(6) reduction-in-force procedures;

(7) grievance procedures, including whether an appeal to the Vermont Labor Relations Board or binding arbitration, or both, will constitute the final step in a grievance procedure;

(8) terms of coverage and amount of employee financial participation in insurance programs, except that the Department of State's Attorneys and Sheriffs and the deputy State's Attorneys, other employees of the State's Attorneys' offices, and deputy sheriffs paid by the State pursuant to 24 V.S.A. § 290(b) shall not bargain in relation to terms of coverage and the amount of employee financial participation in insurance programs;

(9) rules for personnel administration, except the following: rules relating to persons exempt from the classified service under section 311 of this title and rules relating to applicants for employment in State service and employees in an initial probationary status, including any extension or extensions thereof, provided the rules are not discriminatory by reason of an applicant's race, color, creed, sex, national origin, sexual orientation, gender identity, ancestry, place of birth, age, or physical or mental condition; and

(10) the manner in which to enforce an employee's obligation to pay the collective bargaining service fee.

(b) This chapter shall not be construed to be in derogation of or contravene the spirit and intent of the merit system principles and the personnel laws.
3 V.S.A. § 163 — VT Code / Title 3 / Chapter 7 / Section 163
§ 163. Juvenile court diversion program
Status: in_force

(a) Purpose.

(1) The Attorney General shall develop and administer a juvenile court diversion program, for both pre-charge and post-charge referrals to youth-appropriate community-based restorative justice providers, for the purpose of assisting children or youth charged with delinquent acts.

(2) The program shall be designed to provide a restorative option for children or youth alleged to have caused harm in violation of a criminal statute or who have been charged with violating a criminal statute and subject to a delinquency or youthful offender petition filed with the Family Division of the Superior Court, as well as for victims or those acting on a victim's behalf who have been allegedly harmed by the responsible party. The juvenile diversion program may accept referrals to the program as follows:

(A) Pre-charge by law enforcement or prosecutors where a child or youth has committed any criminal offense or delinquency and pursuant to a policy adopted in accordance with subdivisions (c)(1)–(2) of this section.

(B) Post-charge by prosecutors for children or youth charged with a first or a second misdemeanor or a first nonviolent felony, or other offenses as the prosecutor deems appropriate, pursuant to subdivision (c)(3) of this section.

(b) Administration; report.

(1) Beginning on July 1, 2025, the Attorney General shall support the operation of diversion programs in each of the State's counties through grants of financial assistance to, or contracts for services with, a single municipality or organization to provide community-based restorative justice programs and services in each county. Upon approval of the Attorney General, the single municipality or organization receiving a grant pursuant to this section may issue subgrants to diversion providers or execute subcontracts for diversion services.

(2) The Juvenile Pre-Charge Diversion Program established pursuant to this section shall operate only to the extent funds are appropriated to the Office of the Attorney General, the Department of State's Attorneys and Sheriffs, and the Office of the Defender General to carry out the Program.

(3) In consultation with community-based restorative justice providers, the Office of the Attorney General shall develop program outcomes following the designated State of Vermont performance accountability framework and, in consultation with the Department of State's Attorneys and Sheriffs, the Office of the Defender General, the Center for Crime Victim Services, the Judiciary, and the Division of Racial Justice Statistics of the Office of Racial Equity, report annually on or before December 1 to the General Assembly on services provided and outcome indicators. As components of the report required by this subsection, the Attorney General shall include data on the number of pre-charge and post-charge diversion program referrals in each county; race, gender, age, and other demographic variables, whenever possible; offenses charged and crime types; successful completion rates; and possible causes of any geographical disparities.

(4) The Attorney General is authorized to accept grants and gifts for the purposes of this section, such acceptance being pursuant to 32 V.S.A. § 5.

(5) In consultation with community-based restorative justice providers, the Center for Crime Victims Services, the Department of State's Attorneys and Sheriffs' Victim Advocates, the Division for Racial Justice Statistics of the Office of Racial Equity, and the State Archivist, the Attorney General shall adopt a policies and procedures manual for community-based restorative justice providers to promote a uniform system across the State in compliance with this section. The manual shall include policies and procedures related to:

(A) informing victims of their rights and role in pre-charge and post-charge diversion, including that such information is available in writing upon request;

(B) the timely notification to victims of a referral to pre- and post- charge diversion;

(C) an invitation to victims to engage in the restorative process;

(D) how to share information with a victim concerning a restorative agreement's conditions related to the victim and any progress made on such conditions;

(E) best practices for collecting data from all parties that engage with the pre-charge and post-charge diversion programs; and

(F) confidentiality expectations for all parties who engage in the restorative process.

(c) Juvenile diversion program policy and referral requirements.

(1) Juvenile pre-charge diversion policy required. Each county's State's Attorney's office shall adopt a juvenile pre-charge diversion referral policy. To encourage fair and consistent juvenile pre-charge diversion referral policies and methods statewide, the Department of State's Attorneys and Sheriffs and the Community Justice Unit shall publicly post the policies adopted by each State's Attorney's office.

(2) Juvenile pre-charge diversion policy contents. A county's State's Attorney's juvenile pre-charge diversion program policy shall include the following:

(A) Criteria to determine whether a child or youth is eligible to participate in juvenile pre-charge diversion.

(B) Any appropriate documentation to accompany a referral to juvenile pre-charge diversion, including the name and contact information of the child or youth and the child or youth's parent or legal guardian; the name and contact information of the victim or victims; and a factual statement or affidavit of probable cause of the alleged incident.

(C) A procedure for returning a case to the law enforcement agency or the prosecutor, including when:

(i) the prosecutor withdraws any juvenile pre-charge referral from the juvenile pre-charge diversion program;

(ii) the community-based restorative justice provider determines that the matter is not appropriate for juvenile pre-charge programming; and

(iii) when a child or youth does not successfully complete juvenile pre-charge diversion programming.

(D) A statement reiterating that the State's Attorney retains final discretion over the cases that are eligible for diversion and may deviate from the adopted policy in accordance with such discretion.

(3) Juvenile post-charge diversion requirements. Each State's Attorney, in cooperation with the Office of the Attorney General and the juvenile post-charge diversion program, shall develop clear criteria for deciding what types of offenses and offenders will be eligible for diversion; however, the State's Attorney shall retain final discretion over the referral of each case for diversion. All juvenile post-charge diversion programs receiving financial assistance from the Attorney General shall adhere to the following:

(A) The juvenile post-charge diversion program for children or youth shall only accept individuals against whom a petition has been filed and the court has found probable cause, but are not adjudicated.

(B) A prosecutor may refer a child or youth to diversion either before or after a preliminary hearing and shall notify in writing to the diversion program and the court of the prosecutor's referral to diversion.

(C) If a child or youth is charged with a qualifying crime as defined in 13 V.S.A. § 7601(4)(A) and the crime is a misdemeanor, the prosecutor shall provide the child or youth with the opportunity to participate in the court diversion program unless the prosecutor states on the record at the preliminary hearing or a subsequent hearing why a referral to the post-charge program would not serve the ends of justice. Factors considered in the ends-of-justice determination include the child's or youth's delinquency record, the views of the alleged victim or victims, and the need for probationary supervision.

(D) Notwithstanding this subsection (c), the diversion program may accept cases pursuant to 33 V.S.A. §§ 5225(c) and 5280(e).

(d) Confidentiality.

(1) The matter shall become confidential when notice of a pre-charge referral is provided to the juvenile diversion program, or when notice of a post-charge referral is provided to the court.

(2) All information related to any offense gathered in the course of the juvenile diversion process shall be held strictly confidential and shall not be released without the participant's prior consent.

(3) Information related to any offense that a person divulges in preparation for, during, or as a follow-up to the provision of the juvenile diversion programming shall not be used against the person in any criminal, civil, family, juvenile, or administrative investigation, prosecution, or case for any purpose, including impeachment or cross-examination. However, the fact of participation and success, or reasons for failure, may become part of the prosecutor's records. This subsection shall not be construed to prohibit the limited disclosure or use of information to specific persons in the following circumstances:

(A) Where there is a threat or statement of a plan that a person may reasonably believe is likely to result in death or bodily injury to themselves or others or damage to the property of another person.

(B) When disclosure is necessary to report bodily harm any party causes another during restorative justice programming.

(C) When disclosure to other community-based restorative justice providers is necessary to facilitate coordination for an individual who has more than one active referral before different community justice providers.

(D) Where there is a reasonable suspicion of abuse or neglect of a child or vulnerable adult and a report is made pursuant to the provisions of 33 V.S.A. § 4914 or 33 V.S.A. § 6903 or to comply with any law.

(E) Where a court or administrative tribunal determines that the materials were submitted by a participant in the program for the purpose of avoiding discovery of the material in a court or administrative proceeding. If a participant wishes to avail themselves of this provision, the participant may disclose this information in camera to a judicial officer for the purposes of seeking such a ruling.

(4)(A) Notwithstanding subdivision (2) of this subsection (d), if law enforcement or the prosecutor refers a case to diversion, upon the victim's request, the juvenile diversion program shall provide information relating to the conditions of the diversion contract regarding the victim, progress made on such conditions, and information that assists with obtaining the victim's compensation.

(B) Victim information that is not part of the public record shall not be released without the victim's prior consent.

(C) Nothing in this section shall be construed to prohibit a victim's exercise of rights as otherwise provided by law.

(e) Rights and responsibilities.

(1) Juvenile court diversion programs shall be set up to respect the rights of participants.

(2)(A) Diversion candidates shall be informed of their right to the advice, assistance, and access to private counsel or the public defender at all stages of the diversion process, including the initial decision to participate and the decision to accept the juvenile diversion contract, so that the candidate may give informed consent.

(B) For the pre-charge diversion program, notwithstanding the financial need determination pursuant to 13 V.S.A. § 5236, the diversion program shall inform the candidate that a public defender is available for consultation at public expense upon the request of the candidate.

(C) The candidate shall be informed that participation in the diversion program is voluntary.

(3) Any victims shall be notified of the victim's rights and role in the pre-charge diversion process, including notification of a candidate's referral to the pre-charge diversion program by the pre-charge diversion program.

(f) Records; deletion and expungement.

(1) Pre-charge diversion records deletion.

(A) Not later than 10 days after the successful completion of the pre-charge diversion program, the juvenile diversion program shall notify the victim, law enforcement agency, and the State's Attorney's office of the participant's successful completion. Payment of restitution is required for successful completion.

(B) Within 30 days after the two-year anniversary notifying the State's Attorney's office of the participant's successful completion, the Attorney General shall provide notice that all records held by the diversion program shall be deleted.

(C) Within 30 days after the two-year anniversary notifying the law enforcement agency and the State's Attorney's office of the participant's successful completion, the Attorney General shall provide notice that all public records held by the law enforcement agency and the State's Attorney's office shall be deleted, including any held by the Attorney General. Records maintained on the Valcour database or other similar nonpublic databases maintained by a law enforcement agency, a State's Attorney's office, or the Department of State's Attorneys and Sheriffs shall be exempt from deletion and shall only be used for criminal justice purposes.

(2) Pre-charge diversion case index.

(A) The Community Justice Unit shall keep a special index of pre-charge diversion cases that have been deleted pursuant to this section together with the notice of deletion provided by the Attorney General. The index shall list only the name of the diversion participant, the individual's date of birth, a case number, date of case closure, location of programming, and the offense that was the subject of the deletion.

(B) The special index and related documents specified in subdivision (A) of this subdivision (2) shall be confidential and shall be physically and electronically segregated in a manner that ensures confidentiality and that limits access to authorized persons.

(C) Inspection of the notice may be permitted only upon request by the person who is the subject of the case. The Attorney General may permit special access to the index and the documents for research purposes pursuant to subdivision (g)(2) of this section.

(D) The Community Justice Unit shall establish policies for implementing subdivisions (1)–(4) of this subsection (f).

(3) Effect of deletion. Except as otherwise provided in this section, upon the notice to delete files and records under this section, the matter shall be considered never to have occurred; all index references thereto shall be deleted; and the participant, the Community Justice Unit, law enforcement officers and departments, prosecutors, the referring entity, and the diversion program shall reply to any request for information that no record exists with respect to such participant inquiry in any matter. Copies of the notice shall be sent to each agency, entity, or official named therein.

(4) Deletion applicability. The process of automatically deleting records as provided in this section shall only apply to those persons who completed pre-charge diversion on or after July 1, 2025.

(5) Post-charge diversion records expungement. Within 30 days after the two-year anniversary of a successful completion of post-charge diversion, the court shall provide notice to all parties of record of the court's intention to order the expungement of all court files and records, law enforcement records, fingerprints, and photographs other than entries in the court diversion program's centralized filing system applicable to the proceeding. However, the court shall not order expungement if the participant does not satisfy each of subdivisions (A)–(C) of this subdivision. The court shall give the State's Attorney an opportunity for a hearing to contest the expungement of the records. The court shall expunge the records if it finds:

(A) two years have elapsed since the successful completion of the juvenile post-charge diversion program by the participant;

(B) the participant has not been convicted of a subsequent felony or misdemeanor during the two-year period, and no proceedings are pending seeking such conviction; and

(C) the participant does not owe restitution related to the case.

(6) Expungement of sealed records. The court may expunge any records that were sealed pursuant to this subsection prior to July 1, 2018 unless the State's Attorney's office that prosecuted the case objects. Thirty days prior to expunging a record pursuant to this subdivision, the court shall provide written notice of its intent to expunge the record to the State's Attorney's office that prosecuted the case.

(7) Post-charge diversion case index.

(A) The court and the Office of the Attorney General shall keep a special index of post-charge diversion cases that have been expunged pursuant to this section together with the expungement order. The index shall list only the name of the person convicted of the offense, the person's date of birth, the docket number, date of case closure, the court of jurisdiction, and the offense that was the subject of the expungement.

(B) The special index and related documents specified in subdivision (A) of this subdivision (7) shall be confidential and shall be physically and electronically segregated in a manner that ensures confidentiality and that limits access to authorized persons.

(C) Inspection of the expungement order and the certificate may be permitted only upon petition by the person who is the subject of the case. The Chief Superior Judge may permit special access to the index and the documents for research purposes pursuant to the rules for public access to court records.

(D) The Court Administrator shall establish policies for implementing subdivisions (5)–(9) of this subsection (f).

(8) Effect of expungement. Except as otherwise provided in this section, upon the entry of an order expunging files and records under this section, the proceedings in the matter shall be considered never to have occurred; all index references thereto shall be deleted; and the participant, the court, law enforcement officers and departments, prosecutors, the referring entity, and the diversion program shall reply to any request for information that no record exists with respect to such participant inquiry in any matter. Copies of the order shall be sent to each agency, entity, or official named therein.

(9) Expungement applicability. The process of automatically expunging records as provided in this section shall only apply to those persons who completed diversion on or after July 1, 2002. Any person who completed diversion prior to July 1, 2002 must apply to the court to have the person's records expunged. Expungement shall occur if the requirements of subdivisions (5)-(8) of this subsection (f) are met.

(g) Public Records Act exemption.

(1) Except as otherwise provided by this section, any records or information produced or acquired pursuant to this section shall be exempt from public inspection or copying under Vermont's Public Records Act.

(2) Notwithstanding subdivision (1) of this subsection, a law enforcement agency, State's Attorney's office, court, or community-based restorative justice provider may disclose information to colleges, universities, public agencies of the State, and nonprofit research organizations that a community-based restorative justice provider has agreements with for use in connection with research projects of a public service nature, but no person associated with those institutions or agencies shall disclose that information in any manner that would reveal the identity of an individual who provided the information to the community-based restorative justice provider.
3 V.S.A. § 3087 — VT Code / Title 3 / Chapter 53 / Section 3087
§ 3087. Planning Division
Status: in_force

(a) The Planning Division of the Agency is created. It shall be administered by a Director of Planning. The Secretary shall appoint the Director.

(b) The Planning Division shall be responsible for:

(1) centralized strategic planning for all components of the Agency;

(2) coordination of professional and technical planning of the line components of the Agency, aiming toward maximum service to the public;

(3) coordinating activities and plans of the Agency with other major agencies and the Governor's office;

(4) preparing multiyear plans and long-range plans and programs to meet problems and opportunities for service to the public; and

(5) other planning functions assigned to it by the Secretary.
3 V.S.A. § 2221 — VT Code / Title 3 / Chapter 45 / Section 2221
§ 2221. Appointment and salary
Status: repealed

(a) The Agency shall be under the direction and supervision of a Secretary, who shall be appointed by the Governor with the advice and consent of the Senate and shall serve at the pleasure of the Governor.

(b) [Repealed.]
3 V.S.A. § 3003 — VT Code / Title 3 / Chapter 53 / Section 3003
§ 3003. Advisory capacity
Status: repealed

(a) All boards 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 and commissions, including administrative, policy making, and regulatory functions, shall vest in and be exercised by the Secretary of the Agency.

(b) [Repealed.]
3APPENDIX V.S.A. § 22 — VT Code / Title 3APPENDIX / Chapter 18 / Section 22
§ 18-22. Exec. Order No. 18-22 (No. 07-13) [Governor's Health Care Workforce Work Group]
Status: in_force

WHEREAS, successful transformation of Vermont's health care system is essential to improve the access to care for, and the quality of care provided to, Vermonters; and

WHEREAS, to achieve this transformation depends on having a health care workforce with the right skills in the right place at the right time; and

WHEREAS, a properly equipped health care workforce will require health reform initiatives that cut across traditional lines of state agency and department responsibility and will require maximum involvement of the community of educational and health professional stakeholders.

NOW, THEREFORE, I, Peter Shumlin, by virtue of the power vested in me as Governor of the State of Vermont, do hereby establish the Governor's Health Care Workforce Work Group as set forth below.

I. Composition, Appointments, Process.

The Secretary of Administration shall select and appoint the members of the Workforce Work Group, as called for in the Health Care Workforce Strategic Plan, dated January 15, 2013, and adopted by the Green Mountain Care Board. The Work Group shall include state government interagency representation as well as representation from health care employers, clinicians, membership organizations, secondary and higher education, and other relevant interest groups.

Each member of the Work Group shall serve a three-year term and may be reappointed to subsequent terms by the Secretary.

The Work Group shall have two co-chairs, one selected by the Secretary of Administration and one elected by the members of the Work Group from among its members. The Work Group shall designate the term of each chair.

The Work Group shall meet at the call of the co-chairs.

Administrative and staff support shall be provided by the Agency of Administration.

II. Charge.

The Work Group shall be advisory to the Governor and the Secretary of Administration and shall:

A. provide statewide direction and planning for health workforce initiatives and activities;

B. monitor health workforce trends and needs;

C. develop strategic health workforce objectives and activities that could be pursued by state government and stakeholders;

D. advise the Secretary of Administration and relevant state agencies on the development of short and long term workforce supply, demand, and performance measures in order to provide the information needed for strategic workforce development and investment;

E. research and recommend to the Governor and the Secretary public and private opportunities for funding health workforce initiatives;

F. serve as the workforce advisory group for the State Innovation Model grant; and

G. report at least annually to the Governor and the Secretary on progress in developing a health workforce and provide workforce recommendations to ensure health care reform success.

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 August 1, 2013
3 V.S.A. § 2512 — VT Code / Title 3 / Chapter 47 / Section 2512
§ 2512. Notice
Status: in_force

(a) A business shall notify the agency or department that granted the benefit in writing within 60 days after the business closes or substantially curtails the operation of the trade or business within the qualified period.

(b) A business shall be considered to be substantially curtailed when the average number of full-time equivalent employees in any one calendar year is less than 50 percent of the highest average number of full-time equivalent employees in any prior year in the qualified period.

(c) A business shall not be considered to be substantially curtailed or closed when that business has relocated to another location within the State of Vermont or been sold but is still located within the State, provided that the employment test of subsection (b) of this section is met.
3APPENDIX V.S.A. § 9 — VT Code / Title 3APPENDIX / Chapter 3 / Section 9
§ 3-9. Exec. Order No. 3-9 (No. 19-86) [Agencies Required To File Proposed or Emergency Administrative Rules With Interagency Committee on Administrative Rules]
Status: in_force

Expired by its own terms, effective January 1, 1987.
3APPENDIX V.S.A. § 39 — VT Code / Title 3APPENDIX / Chapter 10 / Section 39
§ 10-39. Exec. Order No. 10-39 (No. 06-12) [Interagency Green Infrastructure Council]
Status: in_force

Expired by its own terms, effective January 1, 2017.
3APPENDIX V.S.A. § 4 — VT Code / Title 3APPENDIX / Chapter 18 / Section 4
§ 18-4. Exec. Order No. 18-4 (No. 73A-89) [Compensation of Members of Vermont Mental Health Planning Council]
Status: in_force

Rescinded by Executive Order 6-99 (codified as Executive Order No. 18-12), dated June 11, 1999.
3 V.S.A. § 153 — VT Code / Title 3 / Chapter 7 / Section 153
§ 153. General powers; deputy, assistants
Status: in_force

(a) The Attorney General shall have the general supervision of criminal prosecutions, shall consult with and advise the State's Attorneys in matters relating to the duties of their office, and shall assist them by attending the grand jury in the examination of any cause or in the preparation of indictments and informations when, in his or her judgment, the interests of the State require it.

(b) The Attorney General may appoint a Deputy Attorney General with the approval of the Governor, remove him or her at pleasure, and be responsible for his or her acts. Such deputy shall perform such duties as the Attorney General shall direct, and in the absence or disability of the Attorney General perform the duties of the Attorney General. In case a vacancy occurs in the Office of Attorney General, such deputy shall assume and discharge the duties of such office until such vacancy is filled. Such appointment shall be in writing and be recorded in the Office of the Secretary of State. Such Deputy Attorney General shall take the oath required by the constitution, shall be an informing officer and have the same authority throughout the State in civil or criminal matters as State's Attorneys have in their respective counties.

(c) The Attorney General may appoint such Assistant Attorneys General and Special Assistant Attorneys General as may be necessary for the proper and efficient performance of his or her department, and with the approval of the Governor, fix their pay, remove them at pleasure and be responsible for their acts. They shall have the same obligations, power and authority as the Deputy Attorney General except those relating to the absence or disability of the Attorney General and vacancy in the Office of Attorney General. Their appointments and the revocation thereof shall be in writing and recorded in the Office of the Secretary of State. All Assistant Attorneys General and Special Assistant Attorneys General shall be attorneys at law.
3 V.S.A. § 966 — VT Code / Title 3 / Chapter 27 / Section 966
§ 966. Freedom of expression
Status: in_force

The expressing of any views, argument or opinion, or the dissemination thereof, whether in written, printed, graphic, oral or visual form, shall not constitute or be evidence of an unfair labor practice under this chapter, if such expression contains no threat of reprisal or force or promise of benefit.
3 V.S.A. § 841 — VT Code / Title 3 / Chapter 25 / Section 841
§ 841. Final proposal
Status: in_force

(a) After considering public comment as required in section 840 of this title, an agency shall file a final proposal with the Secretary of State and with the Legislative Committee on Administrative Rules. The Committee may require that the agency include an electronic copy of the final proposal with its filing.

(b) The filing of the final proposal shall include all information required to be filed with the original proposal, suitably amended to reflect any changes made in the rule and the fact that public hearing and comment have been completed.

(1) With the final proposal, the agency shall include a statement that succinctly and separately addresses each of the following:

(A) how the proposed rule is within the authority of the agency;

(B) why the proposed rule is not arbitrary;

(C) the strategy for maximizing public input that was prescribed by the Interagency Committee on Administrative Rules and the actions taken by the agency that demonstrate compliance with that strategy;

(D) the sufficiency of the economic impact analysis; and

(E) the sufficiency of the environmental impact analysis.

(2) When an agency decides in a final proposal to overrule substantial arguments and considerations raised for or against the original proposal or to reject suggestions with respect to separate requirements for small businesses, the final proposal shall include a description of the reasons for the agency's decision.

(c) The Legislative Committee on Administrative Rules shall distribute a copy of the final proposal to:

(1) the chairs of the appropriate standing committees;

(2) each member of the appropriate standing committees who requests a copy of the filing; and

(3) the Chairs of the House Committee on Government Operations and Military Affairs and the Senate Committee on Government Operations, if the cover sheet accompanying the filing identifies a Public Records Act exemption in the rule.

(d) The chair of a standing committee that considered legislation delegating rulemaking authority and, in the case of rules that create or enlarge the scope of a Public Records Act exemption, the Chairs of the House Committee on Government Operations and Military Affairs and Senate Committee on Government Operations, may convene the committee for the purpose of considering a recommended course of action for the Legislative Committee on Administrative Rules. The chair may convene such a meeting, pursuant to 2 V.S.A. § 23, while the General Assembly is not in session. Any recommended course of action shall be filed with the Legislative Committee on Administrative Rules no later than five working days before the Committee has scheduled a review of the proposed rule.
3APPENDIX V.S.A. § 32 — VT Code / Title 3APPENDIX / Chapter 10 / Section 32
§ 10-32. Exec. Order No. 10-32 (No. 03-04) [Vermont Advisory Commission on Manufactured and Mobile Homes]
Status: in_force

Expired by its own terms, effective December 31, 2005.
3 V.S.A. § 964 — VT Code / Title 3 / Chapter 27 / Section 964
§ 964. Business and products of other employers
Status: in_force

It shall be an unfair labor practice for any employee organization and any employer to enter into any contract or agreement, express or implied, whereby the employer ceases or refrains or agrees to cease or refrain from handling, using, selling, transporting, or otherwise dealing in any of the products of any other person, or to cease doing business with any other person, and any contract or agreement entered into before or after enactment of this chapter containing such an agreement shall be to that extent unenforceable and void.
3 V.S.A. § 1202 — VT Code / Title 3 / Chapter 31 / Section 1202
§ 1202. State Code of Ethics; applicability
Status: in_force

(a) Unless excluded under this section, the Code of Ethics applies to all public servants.

(b) The Code of Ethics established by this section does not prohibit branches of State government, agencies, or departments from adopting additional personnel policies regarding ethical conduct not covered by this Code of Ethics or provisions that exceed the requirements of this Code of Ethics. Nothing herein shall be interpreted to require a lawyer or judicial officer to violate their respective professional codes of conduct.

(c) The application of this Code of Ethics does not in any way abrogate or alter the sole authority of each house of the General Assembly to judge the elections and qualifications of its own members under Chapter II, §§ 14 and 19 of the Vermont Constitution.

(d) The application of this Code of Ethics does not in any way abrogate or alter the Vermont Supreme Court's constitutional authority under Chapter II, § 30 of the Vermont Constitution.
3 V.S.A. § 112 — VT Code / Title 3 / Chapter 5 / Section 112
§ 112. Statements and communications to General Assembly
Status: in_force

The Secretary shall make such statements and communications to the General Assembly as may be required by it.
3 V.S.A. § 2824 — VT Code / Title 3 / Chapter 51 / Section 2824
§ 2824. Transfer of personnel and appropriations
Status: in_force

(a) The Secretary, with the approval of the Governor, may transfer classified positions, excepting Department of Fish and Wildlife positions, between State departments and other components of the Agency, subject only to personnel laws and rules.

(b) The Secretary, with the approval of the Governor, may transfer appropriations or parts thereof between departments and other components in the Agency, consistent with the purposes for which the appropriations were made, excepting Fish and Wildlife Funds, which shall remain separate and intact.
3APPENDIX V.S.A. § 37 — VT Code / Title 3APPENDIX / Chapter 10 / Section 37
§ 10-37. Exec. Order No. 10-37 (No. 01-11) [Council on Energy and the Environment]
Status: in_force

WHEREAS, the State of Vermont must come to terms with the implications of climate change and limited fossil fuels; and

WHEREAS, the Governor recognizes the need and opportunity to promote a renewable energy economy that protects our natural environment, provides energy security, and creates sustainable jobs; and

WHEREAS, the Governor desires the counsel of private citizens knowledgeable about the natural environment of Vermont, renewable energy, and the opportunities to reduce our contribution to climate change by conserving and increasing efficiencies across all sectors, including heating, electric and transportation;

NOW, THEREFORE, I, Peter Shumlin, by the virtue of the power vested in me as Governor, do hereby establish the Governor's Council on Energy and the Environment solely to advise the Governor of policy issues affecting the natural environment and energy security of the State of Vermont. To these ends, I direct the following:

1. The Governor's Council on Energy and the Environment will consist of up to 25 members, all of whom shall be appointed by the Governor and serve at his pleasure.

2. The Council shall meet with the Governor at least four times annually.

3. The Governor shall annually appoint one member to the council to serve as Chair.

4. The Executive Office of the Governor shall provide administrative support to the Council. Members of the Council shall receive no compensation for their service.

This executive order shall take effect upon signing and shall rescind Executive Order No. 5-92.

Dated March 30, 2011.
3APPENDIX V.S.A. § 1 — VT Code / Title 3APPENDIX / Chapter 6 / Section 1
§ 6-1. Exec. Order No. 6-1 (No. 98-90) [Designation of Vermont Housing and Conservation Board as State Trust Fund for Agricultural Resource Conservation Demonstration Program]
Status: in_force

Superseded by Executive Order No. 14-96 (codified as Executive Order No. 10-20), dated September 10, 1996.
3APPENDIX V.S.A. § 19 — VT Code / Title 3APPENDIX / Chapter 10 / Section 19
§ 10-19. Exec. Order No. 10-19 (No. 14-94) [Termination of Vermont Technology Council: Science and Technology Plan]
Status: in_force

WHEREAS, the Vermont Technology Council was requested to propose a vision and fundamental plan for science and technology in Vermont pursuant to Executive Order No. 14-93, signed November 18, 1993; and

WHEREAS, the Council has devoted many hours and significant resources to development of this plan and has completed its work; and

WHEREAS, the purpose of Executive Order No. 14-93 has been achieved.

NOW THEREFORE, BE IT RESOLVED THAT I, Howard Dean, by virtue of the power vested in me as Governor, wish to thank the members of the Vermont Technology Council and especially its Chair for the work done at my request; and

BE IT FURTHER RESOLVED that Executive Order No. 14-93, its purpose having been accomplished, is hereby rescinded.

This Executive Order shall take effect upon signing and shall rescind Executive Order No. 14-93.

Dated December 16, 1994.
3APPENDIX V.S.A. § 4 — VT Code / Title 3APPENDIX / Chapter 33 / Section 4
§ 33-4. Exec. Order No. 33-4 (No. 28-79) [Work Incentive Program]
Status: in_force

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.
3 V.S.A. § 135 — VT Code / Title 3 / Chapter 5 / Section 135
§ 135. Uniform standard for renewal following extended absence
Status: in_force

(a) Notwithstanding any provision of law to the contrary, when an applicant seeks to renew an expired or lapsed license after fewer than five years of absence from practice, readiness to practice shall be inferred from completion of any continuing education that would have been required if the applicant had maintained continuous licensure, or by any less burdensome showing set forth in administrative rules specific to the profession or permitted by the Director.

(b) When an applicant seeks to renew an expired or lapsed license after five or more years of absence from practice, the Director may, notwithstanding any provision of law to the contrary and as appropriate to ensure the continued competence of the applicant, determine that the applicant has either:

(1) demonstrated retention of required professional competencies and may obtain an unencumbered license; or

(2) not demonstrated retention of all required professional competencies and should be reexamined or required to reapply in like manner to a new applicant.

(c) The Director may consult with a relevant board or advisor appointees for guidance in assessing continued competence under this section.
3 V.S.A. § 3023 — VT Code / Title 3 / Chapter 53 / Section 3023
§ 3023. Deputy Secretary
Status: in_force

(a) The Secretary, with the approval of the Governor, may appoint a deputy to serve at his or her pleasure and to perform such duties as the Secretary may prescribe. The Deputy shall be exempt from the classified service. The appointment shall be in writing and shall be filed in the Office of the Secretary of State.

(b) The Deputy Secretary shall discharge the duties and responsibilities of the Secretary in the Secretary's absence. In case a vacancy occurs in the office of the Secretary, the Deputy shall assume and discharge the duties of office until the vacancy is filled.
3APPENDIX V.S.A. § 38 — VT Code / Title 3APPENDIX / Chapter 29 / Section 38
§ 29-38. Exec. Order No. 29-38 (No. 07-07) [Transfer of Land in Lowell from the Agency of Transportation to the Agency of Natural Resources]
Status: reserved

WHEREAS, certain state-owned land (the “Property”) located in the Town of Lowell, County of Orleans and State of Vermont, described more particularly below, presently is under the jurisdiction and control of the Agency of Transportation; and

WHEREAS, the Agency of Transportation has determined the Property to be surplus to its needs; and

WHEREAS, the Agency of Natural Resources desires to obtain jurisdiction and control of the Property for the purposes of using it in a legislatively approved land swap with the abutting property owner, Chip Percy.

NOW THEREFORE, I, James H. Douglas, by virtue of the power vested in me as Governor of the State of Vermont, do hereby transfer and set over from the Agency of Transportation to the Agency of Natural Resources for the above purposes, jurisdiction and control of the following state-owned land:

Being all of the same land and premises conveyed to the State of Vermont by Leo S. and Ruth S. Stearns by Warranty Deed dated June 26, 1958, which is recorded in the land records of the Town of Lowell in Book 23 Page 33, having been received for record on August 6, 1958, and therein more particularly described as follows:

“Beginning at a point in the northwesterly boundary of the present highway Vermont Route 100, 85 feet distant measured at right angle from survey station 1194 + 10 of the established center line of Highway Project Lowell F 79(9);

1. Thence 90 feet, more or less, N 33°-08′ W to a point,

2. Thence 40 feet, more or less, N 46°-08′ W to a point;

3. Thence 335 feet, more or less, N 57°-23′ W to a point;

4. Thence 55 feet, more or less, N 26°-43′ W to a point;

5. Thence 65 feet, more or less, N 00°-32′ E to a point;

6. Thence 50 feet, more or less, N 50°-17′ E to a point;

7. Thence 600 feet, more or less, N 62°-02′ E to a point;

8. Thence 422 feet, more or less, N 52°-32′ E to a point;

9. Thence 240 feet, more or less, N 45°-47′E to a point;

10. Thence 44 feet, more or less, N 58°-47′ E to a point;

11. Thence 55 feet, more or less, N 71°-32′ E to a point, said point believed to be in the property line between said grantors and Clayton H. and Florence E. Hoadley;

12. Thence 250 feet, more or less, S 42°-38′ E in said believed property line to a point in the northwesterly boundary of the present highway Vermont Route 100 aforesaid, said point also being 70 feet distant northwesterly measured at right angle from survey station 1180 + 58 of said established center line;

13. Thence 450 feet, more or less, S 43°-22′ W in said northwesterly highway boundary to a point 70 feet distant northwesterly measured at right angle from survey station 1185 + 00 of said established center line;

14. Thence 215 feet, more or less, S 65°-22′ W to a point 150 feet, more or less, distant northwesterly measured at right angle from survey station 1187 + 00 of said established center line;

15. Thence 712 feet, more or less, S 38°-52′ W to the point of beginning. Said parcel to contain 8 acres, more or less.”

Excepted and reserved from this transfer is the right of the Agency of Transportation to construct, inspect, maintain, and replace culverts at or near stations 1181 + 50 and 1184 + 50 of the centerline of Vermont Route 100, as established by Highway Project Lowell F 79(9).

Reference may be made to a plan entitled “Wayside Rest Area, Site No. 12-1, Lowell Vermont, Fund 25.12,” and to sheets 25 and 26 of 89 sheets of the plans for Highway Project Lowell F 79(9), on file in the property records of the Agency of Transportation and the Town of Lowell's land records.

The Property is a parcel of land known locally as “Fiddler's Elbow” containing 8 acres, more or less, and is bounded northerly by the present Vermont Route 100 and otherwise bounded by the former Vermont Route 100.

The fee simple absolute interest of the herein described parcel of land is transferred subject to the afore-mentioned culvert easements and all existing licenses, leases, and easements.

This Executive Order shall take effect upon execution.

Dated November 6, 2007.
3 V.S.A. § 1223 — VT Code / Title 3 / Chapter 31 / Section 1223
§ 1223. Procedure for accepting and referring complaints
Status: in_force

(a) Accepting complaints.

(1) On behalf of the Commission, the Executive Director shall accept complaints from any source regarding governmental ethics in any of the three branches of State government or of the State's campaign finance law set forth in 17 V.S.A. chapter 61.

(2) Complaints shall be in writing and shall include the identity of the complainant.

[Subsection (b) effective until September 1, 2027; see subsection (b) effective September 1, 2027 set out below.]

(b) Preliminary review by Executive Director. The Executive Director shall conduct a preliminary review of complaints made to the Commission in order to take action as set forth in this subsection, which shall include referring complaints to all relevant entities.

(1) Governmental conduct regulated by law.

(A) If the complaint alleges a violation of governmental conduct regulated by law, the Executive Director shall refer the complaint to the Attorney General or to the State's Attorney of jurisdiction, as appropriate.

(B) The Attorney General or State's Attorney shall file a report with the Executive Director regarding his or her decision as to whether to bring an enforcement action as a result of a complaint referred under subdivision (A) of this subdivision (1) within 10 days of that decision.

(2) Department of Human Resources, Personnel Policy and Procedure Manual.

(A) If the complaint alleges a violation of the Department of Human Resources Personnel Policy and Procedure Manual, the Executive Director shall refer the complaint to the Commissioner of Human Resources.

(B) The Commissioner shall report back to the Executive Director regarding the final disposition of a complaint referred under subdivision (A) of this subdivision (2) within 10 days of that final disposition.

(3) Campaign finance.

(A) If the complaint alleges a violation of campaign finance law, the Executive Director shall refer the complaint to the Attorney General or to the State's Attorney of jurisdiction, as appropriate.

(B) The Attorney General or State's Attorney shall file a report with the Executive Director regarding his or her decision as to whether to bring an enforcement action as a result of a complaint referred under subdivision (A) of this subdivision (3) as set forth in 17 V.S.A. § 2904a.

(4) Legislative and Judicial Branches; attorneys.

(A) If the complaint is in regard to conduct committed by a State Senator, the Executive Director shall refer the complaint to the Senate Ethics Panel and shall request a report back from the Panel regarding the final disposition of the complaint.

(B) If the complaint is in regard to conduct committed by a State Representative, the Executive Director shall refer the complaint to the House Ethics Panel and shall request a report back from the Panel regarding the final disposition of the complaint.

(C) If the complaint is in regard to conduct committed by a judicial officer, the Executive Director shall refer the complaint to the Judicial Conduct Board and shall request a report back from the Board regarding the final disposition of the complaint.

(D) If the complaint is in regard to an attorney employed by the State, the Executive Director shall refer the complaint to the Professional Responsibility Board and shall request a report back from the Board regarding the final disposition of the complaint.

(E) If any of the complaints described in subdivisions (A)-(D) of this subdivision (4) also allege that a crime has been committed, the Executive Director shall also refer the complaint to the Attorney General and the State's Attorney of jurisdiction.

(5) Municipal Code of Ethics. If the complaint alleges a violation of the Municipal Code of Ethics, the Executive Director shall refer the complaint to the designated ethics liaison of the appropriate municipality.

(6) Closures. The Executive Director shall close any complaint that the Executive Director does not refer as set forth in subdivisions (1)-(5) of this subsection.

[Subsection (b) effective September 1, 2027; see also subsection (b) effective until September 1, 2027 set out above.]

(b) Preliminary review by Executive Director. The Executive Director shall conduct a preliminary review of complaints made to the Commission in order to take action as set forth in this subsection, which shall include referring complaints to all relevant entities, including the Commission itself.

(1) Governmental conduct regulated by law.

(A) If the complaint alleges a violation of governmental conduct regulated by law, the Executive Director shall refer the complaint to the Attorney General or to the State's Attorney of jurisdiction, as appropriate.

(B) The Attorney General or State's Attorney shall file a report with the Executive Director regarding his or her decision as to whether to bring an enforcement action as a result of a complaint referred under subdivision (A) of this subdivision (1) within 10 days of that decision.

(2) Department of Human Resources, Personnel Policy and Procedure Manual.

(A) If the complaint alleges a violation of the Department of Human Resources Personnel Policy and Procedure Manual, the Executive Director shall refer the complaint to the Commissioner of Human Resources.

(B) The Commissioner shall report back to the Executive Director regarding the final disposition of a complaint referred under subdivision (A) of this subdivision (2) within 10 days of that final disposition.

(3) Campaign finance.

(A) If the complaint alleges a violation of campaign finance law, the Executive Director shall refer the complaint to the Attorney General or to the State's Attorney of jurisdiction, as appropriate.

(B) The Attorney General or State's Attorney shall file a report with the Executive Director regarding his or her decision as to whether to bring an enforcement action as a result of a complaint referred under subdivision (A) of this subdivision (3) as set forth in 17 V.S.A. § 2904a.

(4) Legislative and Judicial Branches; attorneys.

(A) If the complaint is in regard to conduct committed by a State Senator, the Executive Director shall refer the complaint to the Senate Ethics Panel and shall request a report back from the Panel regarding the final disposition of the complaint.

(B) If the complaint is in regard to conduct committed by a State Representative, the Executive Director shall refer the complaint to the House Ethics Panel and shall request a report back from the Panel regarding the final disposition of the complaint.

(C) If the complaint is in regard to conduct committed by a judicial officer, the Executive Director shall refer the complaint to the Judicial Conduct Board and shall request a report back from the Board regarding the final disposition of the complaint.

(D) If the complaint is in regard to an attorney employed by the State, the Executive Director shall refer the complaint to the Professional Responsibility Board and shall request a report back from the Board regarding the final disposition of the complaint.

(E) If any of the complaints described in subdivisions (A)-(D) of this subdivision (4) also allege that a crime has been committed, the Executive Director shall also refer the complaint to the Attorney General and the State's Attorney of jurisdiction.

(5) Municipal Code of Ethics. If the complaint alleges a violation of the Municipal Code of Ethics, the Executive Director shall refer the complaint to the designated ethics liaison of the appropriate municipality.

(6) Closures. The Executive Director shall close any complaint that the Executive Director does not refer as set forth in subdivisions (1)-(5) of this subsection.

(c) Commission advice on the application of the State Code of Ethics on referred complaints.

(1) If the Executive Director refers a complaint under subsection (b) of this section, the Executive Director shall signify any likely unethical conduct described in the complaint and, except for complaints alleging a violation of the Municipal Code of Ethics as set forth in subdivision (b)(5) of this section, shall specify any application of the State Code of Ethics to the allegations presented in the complaint and include a recommended action.

(2) Any advice the Commission provides to the referred entity under this subsection shall be confidential and nonbinding on the entity.

[Subsection (d) effective until September 1, 2027; see also subsection (d) effective September 1, 2027 set out below.]

(d) Confidentiality. Complaints and related documents in the custody of the Commission shall be exempt from public inspection and copying under the Public Records Act and kept confidential.

[Subsection (d) effective September 1, 2027; see also subsection (d) effective until September 1, 2027 set out above.]

(d) Confidentiality. Complaints and related documents in the custody of the Commission shall be exempt from public inspection and copying under the Public Records Act and kept confidential, except as provided for in section 1231 of this title.
3 V.S.A. § 652 — VT Code / Title 3 / Chapter 22 / Section 652
§ 652. Taxation
Status: in_force

Any deferred compensation agreement shall be in accordance with the requirements of the rulings and regulations of the Internal Revenue Service and as such any sum deferred shall not be subject to taxation until distribution is actually made or made available to the employee.
3 V.S.A. § 474 — VT Code / Title 3 / Chapter 16 / Section 474
§ 474. Predecessor systems
Status: in_force

Any beneficiary of a predecessor system who is in receipt of a benefit on the date of establishment shall become a beneficiary and shall continue to receive the benefit being paid from the Fund of this System, under the conditions of the predecessor system as in effect at the time of the member's retirement, subject to such adjustment as provided for in section 470 of this title. Any former member of a predecessor system who, upon termination of service, was eligible for a deferred benefit under the provisions of that System, the payment of which has not commenced as of the date of establishment, shall continue to be so eligible, and shall receive such benefit from the System subject to the conditions of the predecessor system as in effect at the time the member's service was terminated. The cash and securities to the credit of the predecessor systems on the date of establishment shall be transferred to this Retirement System, the amount of each member's accumulated contributions included in such transfer shall be credited to the member's individual account in the fund to become a part of the member's accumulated contributions, and the balance shall be credited to the Fund.
3 V.S.A. § 6005 — VT Code / Title 3 / Chapter 72 / Section 6005
§ 6005. Rulemaking
Status: in_force

(a) On or before July 1, 2027, the Agency of Natural Resources, in consultation with the Environmental Justice Advisory Council and the Interagency Environmental Justice Committee, shall adopt rules to:

(1) define cumulative environmental burdens;

(2) implement consideration of cumulative environmental burdens within the Agency of Natural Resources; and

(3) inform how the public and the covered agencies implement the consideration of cumulative environmental burdens and use the environmental justice mapping tool.

(b) On or before July 1, 2028 and as appropriate thereafter, the covered agencies, in consultation with the Environmental Justice Advisory Council, shall adopt or amend policies and procedures, plans, guidance, and rules, where applicable, to implement this chapter.

(c)(1) Prior to drafting new rules required by this chapter, agencies shall consult with the Environmental Justice Advisory Council to discuss the scope and proposed content of rules to be developed. Agencies shall also submit draft rulemaking concepts to the Advisory Council for review and comment. Any proposed rule and draft Administrative Procedure Act filing forms shall be provided to the Advisory Council not less than 45 days prior to submitting the proposed rule or rules to the Interagency Committee on Administrative Rules (ICAR).

(2) The Advisory Council shall vote and record individual members' support or objection to any proposed rule before it is submitted to ICAR. The Advisory Council shall submit the results of their vote to both ICAR and the Legislative Committee on Administrative Rules (LCAR).