The Vermont Statutes Online
The Vermont Statutes Online have been updated to include the actions of the 2023 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Title 3 Appendix: Executive Orders
Chapter 003: Executive
Executive Order No. 3-1 (No. 13-69) [Planning and Community Services Agency]
Revoked and rescinded by Executive Order 3-46 (codified as Executive Order No. 06-05), dated September 13, 2005.
Executive Order No. 3-2 (No. 44-72) [Administrative Districts]
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.
Executive Order No. 3-3 (No. 14-78) [Interagency Committee on Rules and Administrative Procedures]
Superseded and replaced by Executive Order No. 3-52 (codified as Executive Order No. 04-10), dated July 2, 2010.
Executive Order No. 3-4 (No. 21-78) [Transfer of Utility Driver Position From Agency of Human Services to Purchasing Division, Agency of Administration]
Revoked and rescinded by Executive Order 3-46 (codified as Executive Order No. 06-05), dated September 13, 2005.
Executive Order No. 3-5 (No. 32-79) [Transfer of Clerk B Position From Office of Secretary of State to Division of Public Records, Agency of Administration]
Revoked and rescinded by Executive Order 3-46 (codified as Executive Order No. 06-05), dated September 13, 2005.
Executive Order No. 3-6 (No. 71-83) [Agencies Required To File Proposed Administrative Rules With Interagency Committee on Administrative Rules]
Expired by its own terms, effective January 1, 1985.
Executive Order No. 3-7 (No. 74-83) [Intergovernmental Consultation System]
Rescinded by Executive Order No. 3-33 (codified as Executive Order No. 13-96), dated July 17, 1996.
Executive Order No. 3-8 (No. 83-84) [Abolition of Certain Boards, Commissions, Councils and Other Bodies]
WHEREAS, the Governor has the power under 3 V.S.A., chapter 41 to effect change in the organization of the executive branch by means of Executive Order, and
WHEREAS, various Governors over the years have used Executive Orders to establish boards, commissions, councils and similar bodies for varying purposes, and
WHEREAS, a number of these bodies have been inactive for several years, have been superseded by similar statutory bodies, or have otherwise ceased to serve the purpose for which they were established, and
WHEREAS, an attorney general’s opinion has determined that Executive Orders continue in effect indefinitely unless limited in duration by their own terms or because they have a transitory effect, or until revoked, rescinded or superseded, and
WHEREAS, there is need to officially abolish those bodies established by Executive Order which have outlived their usefulness yet remain in existence,
NOW, THEREFORE, I, Richard A. Snelling, by virtue of the power vested in me as Governor of Vermont, do hereby revoke and rescind the following Executive Orders and the bodies established thereby:
Executive Order #10 dated July 9, 1969 (Governor’s Commission on Student Affairs)
Executive Order #10a dated December 11, 1970 (Governor’s Commission on Student Affairs)
Executive Order #18 dated January 9, 1970 (Governor’s Council for Student Interns in State Government)
Executive Order #3 dated November 7, 1973 (Vermont Energy Policy Advisory Board)
Executive Order #37 dated May 13, 1974 (Voluntarism Advisory Council)
Executive Order #17 dated July 15, 1975 (Youth Camp Advisory Council)
Executive Order #18 dated July 22, 1975 (Youth Camp Advisory Council)
Executive Order #19 dated August 5, 1975 (Governor’s Commission on the Administration of Justice)
Executive Order #20 dated September 15, 1975 (Advisory Committee for Economic Development Planning)
Executive Order #31 dated June 9, 1976 (Security and Privacy Committee)
Executive Order #34 dated August 31, 1976 (Vermont Epilepsy Commission)
Executive Order #8 dated September 1, 1977 (Vermont Metric Coordinating Council)
Executive Order #12 dated December 1, 1977 (Vermont State Nuclear Advisory Panel)
Executive Order #22 dated September 14, 1978 (Inter Agency Craft Council)
Executive Order #37 dated August 15, 1979 (Vermont Certified Public Manager Board)
Executive Order #39 dated September 11, 1979 (Vermont Statewide Waste Treatment Planning Board)
Executive Order #45 dated March 12, 1980 (Governor’s Commission on Energy Independence)
Executive Order #47 dated April 1, 1980 (Vermont State Police Advisory Commission)
Dated August 31, 1984.
Executive Order No. 3-9 (No. 19-86) [Agencies Required To File Proposed or Emergency Administrative Rules With Interagency Committee on Administrative Rules]
Expired by its own terms, effective January 1, 1987.
Executive Order No. 3-10 (No. 20-86) [Governor’s Commission on Women]
Revoked and rescinded by Executive Order 06-05(codified as Executive Order No. 3-46), dated September 13, 2005.
Executive Order No. 3-11 (No. 35-87) [Abolition of Certain Departments and Divisions and Establishment of the Department of General Services and Department of Finance and Management]
Revoked and rescinded by Executive Order 06-05 (codified as Executive Order No. 3-46), dated September 13, 2005.
Executive Order No. 3-12 (No. 36-87) [Transfer of Certain Positions and Appropriations From Agency of Environmental Conservation, Department of Water Resources to Department of Labor and Industry]
Revoked and rescinded by Executive Order 06-05 (codified as Executive Order No. 3-46), dated September 13, 2005.
Executive Order No. 3-13 (No. 45-87) [Transfer of Certain Positions, Functions and Appropriations of Certain Agencies and the Central Support Services Revolving Fund to Department of General Services]
Revoked and rescinded by Executive Order 06-05 (codified as Executive Order No. 3-46), dated September 13, 2005.
Executive Order No. 3-14 (No. 56-88) [Agencies Required To File Proposed and Emergency Administrative Rules With Interagency Committee on Administrative Rules; Study of Scope of and Limitations on Rulemaking]
Superseded and replaced by Executive Order No. 04-10 (codified as Executive Order No. 3-52), dated July 2, 2010.
Executive Order No. 3-15 (No. 70-89) [Abolition of Office on Aging and Transfer of Functions of Certain Divisions to and Establishment of Department of Rehabilitation and Aging]
Revoked and rescinded by Executive Order 10-09 (codified as Executive Order No. 3-50), dated December 23, 2009.
Executive Order No. 3-16 (No. 1-91) [Transfer of Duties and Director of Office of Economic Opportunity From Agency of Human Services to Department of Prevention, Assistance, Transition, and Health Access]
Revoked and rescinded by Executive Order 06-05 (codified as Executive Order No. 3-46), dated September 13, 2005.
Executive Order No. 3-17 (No. 2-91) [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]
Revoked and rescinded by Executive Order 06-05 (codified as Executive Order No. 3-46), dated September 13, 2005.
Executive Order No. 3-18 (No. 3-91) [Executive Code of Ethics]
Superseded by Executive Order No. 8-91 (codified as Executive Order No. 3-19), dated October 3, 1991.
Executive Order No. 3-19 (No. 8-91) [Executive Code of Ethics]
Superseded by Executive Order No. 04-00 (codified as Executive Order No. 3-40), dated June 13, 2000.
Executive Order No. 3-20 (No. 15-91) [Recognition and Encouragement of Vermont Minority/Women Business Enterprises Partnership]
WHEREAS, the Vermont Minority/Women Business Enterprises Partnership was mandated to develop a plan to facilitate equal access and maximum opportunity to participate in state contracting procedures for Minority/Women Business Enterprises (M/WBEs) and to ensure nondiscrimination in state contracting programs; and
WHEREAS, the plan presented by the Partnership is the result of deliberations that included consideration of the methods for collecting statewide data and certifying M/WBEs; and
WHEREAS, the plan addressed the provision of technical assistance and outreach programs to broaden the participation of these enterprises in the state’s contracting process; and
WHEREAS, through consultation with technical experts, both in and out of government, the implementation plan is achievable within existing resources of State Agencies and Departments;
NOW THEREFORE, BE IT RESOLVED THAT I, Howard Dean, M.D., by virtue of the power vested in me as Governor, do hereby order the following actions:
1. Agencies and Departments of state government shall adopt and implement the following policy:
The State of Vermont recognizes the important contributions and vital impact which small businesses have on the state’s economy. In this regard, the state prescribes to a free and open bidding process that affords all businesses equal access and opportunity to compete for state contracts for goods and services. The state also recognizes the existence of businesses owned by minorities and women and directs all state agencies and departments to make a good faith effort to encourage these firms to compete for state contracts.
2. The Agency of Development and Community Affairs using existing staff will act as liaison to minority/women businesses.
3. Data on women and minority businesses will be integrated into the state’s vendor list and into the list of awarded contracts.
4. The Purchasing Department will provide outreach to M/WBEs by conducting seminars on “Contracting with State Government.”
This Executive Order shall take effect upon signing.
Dated December 11, 1991.
Executive Order No. 3-21 (No. 101-91) [Abolition of Certain Boards, Commissions, Councils and Other Bodies]
WHEREAS, the Governor has the authority to issue Executive Orders to ensure efficiency and effectiveness in the management of state government; and
WHEREAS, several Executive Orders have been developed since January 10, 1985, to support the Governor’s policy and program management actions; and
WHEREAS, the objectives of some of the Executive Orders have been achieved; and
WHEREAS, it is desirable to rescind the Executive Orders that are no longer necessary;
NOW, THEREFORE, BE IT RESOLVED that I, Madeleine M. Kunin, Governor of the State of Vermont, do hereby rescind the following Executive Orders:
Executive Order #1 dated February 21, 1985 (Job Skills Cabinet)
Executive Order #3 dated April 18, 1985 (Higher Education Planning Commission)
Executive Order #5 dated May 16, 1985 (Vermont Advisory Commission on Intergovernmental Relations)
Executive Order #8 dated June 19, 1985 (Asbestos Health Hazard Control Abatement Program)
Executive Order #9 dated June 20, 1985 (Burlington International Airport Special Study Group)
Executive Order #11 dated July 10, 1985 (Special Task Force on On-Site Waste Disposal Technology)
Executive Order #13 dated August 2, 1985 (Hunger Task Force)
Executive Order #14 dated August 2, 1985 (Vermont Telecommunications Commission)
Executive Order #16 dated October 10, 1985 (Sentencing Study Commission)
Executive Order #17 dated February 6, 1986 (Solid Waste Management Advisory Committee)
Executive Order #18 dated February 27, 1986 (Oil Overcharge Task Force)
Executive Order #27 dated July 24, 1986 (Oil Overcharge Task Force)
Executive Order #29 dated August 4, 1986 (Sentencing Study Commission)
Executive Order #39 dated February 10, 1987 (Telecommunications Oversight Committee)
Executive Order #40 dated February 11, 1987 (Special Task Force on Transportation Systems)
Executive Order #43 dated April 16, 1987 (Emergency Response Commission)
Executive Order #43a dated June 22, 1987 (Emergency Response Commission)
Executive Order #44 dated July 2, 1987 (Special Solid Waste Implementation Task Force)
Executive Order #46 dated July 13, 1987 (Special Commission on Public School Governance)
Executive Order #47 dated July 14, 1987 (Special Commission on Special Education)
Executive Order #50 dated September 22, 1987 (Commission on Vermont’s Future: Guidelines for Growth)
Executive Order #57 dated January 9, 1988 (Administrative Law Task Force)
Executive Order #67 dated September 6, 1988 (Commission on Educating Vermont’s Workforce)
Executive Order #69 dated November 22, 1988 (Poet Laureate Panel)
Executive Order #72 dated March 3, 1989 (Committee to Study Proposed Vermont Sports Entertainment Complex)
Executive Order #73 dated April 4, 1989 (Committee to Study Vermont Higher Education)
Executive Order #80 dated October 24, 1989 (Fish and Wildlife Commission)
Executive Order #83 dated January 12, 1990 (Reorganization of the Public Service Department)
This Executive Order shall take effect upon signing.
Dated January, 1991.
Executive Order No. 3-22 (No. 3A-92) [Recognition, Structure and Powers of Vermont Center for Geographic Information and Transfer of Functions from Geographic Information Services]
Revoked and rescinded by Executive Order 06-05 (codified as Executive Order No. 3-46), dated September 13, 2005.
Executive Order No. 3-23 (No. 01-93) [Reversal of Reorganization of Agency of Administration]
WHEREAS, the Governor has the authority to issue Executive Orders to ensure efficiency and effectiveness in the management of state government; and
WHEREAS, it is desirable to rescind Executive Orders that are no longer necessary.
NOW, THEREFORE, BE IT RESOLVED THAT I, Howard Dean, by virtue of the power vested in me as Governor, do hereby rescind the following actions taken in Executive Order No. 4-91 (Reorganization of Agency of Administration) dated January 31, 1991:
1. The redesignation and change in duties of the Deputy Secretary of Administration;
2. The change in reporting of the Commissioner of Finance and Management;
3. The redesignation and change in duties of the Commissioner of the Department of General Services.
This Executive Order shall take effect upon signing and shall supersede any previous orders or directives of this office to the extent inconsistent herewith.
Dated January 10, 1993.
Executive Order No. 3-24 (No. 08-93) [Vermont State Craft Center Overview Commission]
Superseded and replaced by Executive Order No. 06-06 (codified as Executive Order No. 3-46), dated October 10, 2006.
Executive Order No. 3-25 (No. 13-93) [Governor’s Council on Affirmative Action; Creation of Program]
Superseded by Executive Order No. 14-98 (codified as Executive Order No. 3-37), dated November 18, 1999.
Executive Order No. 3-26 (No. 01-94) [Abolition of Department of Taxes and Creation of Department of Revenue]
Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.
Executive Order No. 3-27 (No. 05-94) [Vermont Developmental Disabilities Council]
Superseded and replaced by Executive Order No. 05-07 (codified as Executive Order No. 33-16), dated August 14, 2007.
Executive Order No. 3-28 (No. 11-94) [Reimbursement for Members of Governor’s Commission on Women]
Revoked and rescinded by Executive Order 06-05 (codified as Executive Order No. 3-46), dated September 13, 2005.
Executive Order No. 3-29 (No. 12-94) [Telecommunications Technology Council of Vermont]
Superseded and replaced by Executive Order No. 15-03 (codified as Executive Order No. 30-7), dated September 24, 2003.
Executive Order No. 3-30 (No. 07-95) [Administrative Districts]
WHEREAS, Vermont state government can realize savings by consolidating management, information and space; by coordinating state technical services; and by consolidating the public’s access to information and other assistance; and
WHEREAS, Vermont state government must also collaborate to avoid inconsistencies and redundancies among state and local agencies and departments; and
WHEREAS, 3 V.S.A. Section 4001 establishes eight administrative districts for state government.
NOW THEREFORE, BE IT RESOLVED THAT I, Howard Dean, by virtue of the power vested in me as Governor, do hereby direct all executive branch agencies and departments of Vermont state government to:
• Align the geographic boundaries of their administrative districts to conform with the statutorily prescribed eight administrative districts.
• Reduce management and overhead structures in agencies and departments within the eight administrative service districts by combining these districts where appropriate or by sharing management resources across agencies and departments.
• Work collaboratively with communities and service providers within these districts to deliver quality and cost-effective services.
• Enhance client service delivery systems to geographically isolated regions of the state through the use of satellite offices.
This Executive Order shall take effect upon signing.
Dated October 4, 1995.
Executive Order No. 3-31 (No. 08-95) [Abolition of Certain Boards, Commissions, Councils and Other Bodies]
WHEREAS, Governors over the years have established boards, commissions, and councils for various purposes by Executive Order; and
WHEREAS, the members appointed to these bodies have worked diligently to complete the tasks assigned to them; and
WHEREAS, a number of these bodies have completed their work and been inactive for a period of years, or have been superseded by similar statutory bodies, or have ceased to serve the purpose for which they were established;
NOW THEREFORE, BE IT RESOLVED THAT I, Howard Dean, by virtue of the power vested in me as Governor of the State of Vermont, do hereby revoke and rescind the following Executive Orders:
Executive Order #20-78 dated August 23, 1978 (State-Local Intergovernmental Relations)
Executive Order #85-90 dated March 15, 1990 (Vermont-Minority/Women Business Enterprises Partnership)
Executive Order #94-90 dated October 5, 1990 (Vermont Municipal Advisory Committee)
Executive Order #09-93 dated June 24, 1995 (Vermont Partnership for Economic Progress) Superseded by statute
Executive Order #16-78 dated June 15, 1978 (Agriculture Advisory Board)
Executive Order #52-80 dated September 25, 1980 (Agricultural Lands Review Board)
Executive Order #60-81 dated May 20, 1981 (Changes in Membership of Agriculture Advisory Board)
Executive Order #7-85 dated June 11, 1985 (Agriculture Advisory Board)
Executive Order #76-89 dated June 22, 1989 (Vermont-Quebec Joint Commission)—Superseded by statute
Executive Order #90-90 dated April 27, 1990 (Export Advisory Council)—Superseded by statute
Executive Order #93-90 dated September 1, 1990 (Task Force for the Protection of Consumers of Petroleum Products)
Executive Order #5-73 dated February 22, 1973 (State Planning Office)
Executive Order #63-88 dated March 29, 1988 (Advisory Council on Technology)
Executive Order #79-89 dated October 23, 1989 (Development of Comprehensive Energy Plan and Creation and Duties of State Agency Task Force on Energy)
Executive Order #66-82 dated April 12, 1982 (Delinquency Prevention Coordinating Council)—Superseded by statute
Executive Order #10-85 dated July 1, 1985 (Justice and Victims Assistance Council)—Superseded by statute
Executive Order #86-90 dated April 5, 1990 (Bail Amendment Task Force)
Executive Order #85-84 dated November 30, 1984 (Commission on Child Support)
Executive Order #78-89 dated August 22, 1989 (Holocaust Human Rights Education Committee)
Executive Order #96-90 dated October 19, 1990 (Advisory Panel on State-University Relations)
Executive Order # 26-79 dated January 29, 1979 (Alcohol and Drug Abuse Council)—Superseded by statute
Executive Order #59-81 dated April 8, 1981 (Governor’s Council on Physical Fitness)—Superseded by statute
Executive Order #69-83 dated January 25, 1983 (Special Cabinet for Prevention, Education and Treatment of Alcohol Abuse)
Executive Order #49-87 dated August 19, 1987 (Biomedical Ethics Advisory Panel)
Executive Order #87-90 dated April 5, 1990 (Governor’s Commission on Alzheimer’s Disease and Related Disorders)—Superseded by statute
Executive Order #5-91 dated March 6, 1991 (Vermont Blue Ribbon Commission on Health)
Executive Order #31-86 dated October 9, 1986 (Vermont Fire and Burn Prevention Council)
Executive Order #27-79 dated January, 1979 (Creation of Employment and Training Services Task Force)
Executive Order #43-79 dated December 18, 1979 (Continuation of Employment and Training Services Task Force)
Executive Order #54-81 dated January 13, 1981 (Occupational Information Coordinating Committee)
Executive Order #75-83 dated October 21, 1983 (Advisory Committee on Employment of the Handicapped)—Superseded by statute
Executive Order #2-85 dated April 15, 1985 (Development Cabinet)
Executive Order #88-90 dated April 5, 1990 (Vermont Education and Training 2000 Implementation Committee)
Executive Order #05-93 dated March 9, 1993 (Vermont Human Resources Investment Council)
Executive Order #95-90 (no date) (Vermont Columbus Quincentenary Commission)
Executive Order #2-73 dated January 12, 1973 (Advisory Rate Setting committee)
Executive Order #6-92 dated May 12, 1992 (Governor’s Blue Ribbon Commission on Educational and Municipal Financing Reform)
Executive Order #2-73 dated January 12, 1973 (Advisory Rate Setting Committee)—Superseded by statute
Executive Order #30-71 dated January 14, 1971 (Advisory Rate Setting Committee)—Superseded by statute
Executive Order #4-73 dated January 15, 1973 (Office of Child Development)—Abolished by Executive Order #2-77
Executive Order #23-78 dated September 14, 1978 (1122 Appellate Review Board)
Executive Order #37-87 dated January 23, 1987 (Governor’s Task Force for the Prevention of Teenage Pregnancy)
Executive Order #61-88 dated March 23, 1988 (Continuation of Governor’s Task Force for the Prevention of Teenage Pregnancy)
Executive Order #11-91 dated November 7, 1991 (Commission on Volunteers)—Superseded by Executive Order #16-93
This Executive Order shall take effect upon signing.
Dated December 28, 1995.
Executive Order No. 3-32 (No. 01-96A) [Transfer of Certain Positions and Investments from Agency of Transportation to Department of Public Safety]
Superseded by Executive Order No. 02-03 (codified as Executive Order No. 19-4), dated March 20, 2003.
Executive Order No. 3-33 (No. 13-96) [Transfer of Functions and Responsibilities from Agency of Administration, Division of State Buildings to Various Agencies]
WHEREAS, Executive Order #74 was issued September 23, 1983; and
WHEREAS, the functions and responsibilities of this Executive Order are being carried out by various agencies.
NOW THEREFORE, BE IT RESOLVED THAT I, Howard Dean, by virtue of the power vested in me as Governor, do hereby revoke and rescind Executive Order #74 dated September 23, 1983.
This Executive Order shall take effect upon signing.
Dated July 17, 1996.
Executive Order No. 3-34 (No. 05-98) [Establishment of Blue Ribbon Commission on State Government Performance and Work Force Needs]
Expired by its own terms, effective January 15, 1999.
Executive Order No. 3-35 (No. 09-98) [Vermont Commission on National and Community Service]
Superseded by Executive Order 02-09 (codified as Executive Order No. 33-18), dated January 21, 2009.
Executive Order No. 3-36 (No. 11-98) [Year 2000 Remediation]
Superseded by Executive Order 5-99 (codified as Executive Order No. 3-38), dated May 11, 1999.
Executive Order No. 3-37 (No. 14-98) [Affirmative Action]
Superseded by Executive Order No. 09-02 (codified as Executive Order No. 3-43), dated August 20, 2002.
Executive Order No. 3-38 (No. 05-99) [Year 2000 Remediation]
Expired by its own terms, effective January 1, 2001.
Executive Order No. 3-39 (No. 01-00) [Governor’s Development Cabinet]
Revoked and rescinded by Executive Order 03-03 (codified as Executive Order No. 3-44), dated April 11, 2003.
Executive Order No. 3-40 (No. 04-00) [Executive Code of Ethics]
Superseded and replaced by Executive Order No. 10-03 (codified as Executive Order No. 3-45), dated September 13, 2003.
Executive Order No. 3-41 (No. 02-02) [Establishment of the Governor’s Children and Youth Cabinet]
Expired by its own terms, effective June 30, 2010.
Executive Order No. 3-42 (No. 08-02) [Interagency Executive Resource Planning Team Established]
Expired by its own terms, effective June 30, 2005
Executive Order No. 3-43 (No. 09-02) [Establishment of the Governor’s Workforce Equity and Diversity Council]
Superseded by Executive Order No. 3-59 (codified as Executive Order No. 10-13), dated December 31, 2013.
Executive Order No. 3-44 (No. 03-03) [Governor’s Jobs Cabinet]
WHEREAS, Vermont’s economy must be able to thrive amid ever-increasing competition on the regional, national, and international levels; and
WHEREAS, Vermont’s economy faces competition from larger, more diverse economies; and
WHEREAS, Vermonters are deeply concerned about good paying job opportunities; and
WHEREAS, State government must work aggressively to retain jobs and pursue job creation opportunities consistent with Vermont values; and
WHEREAS, a good job advances self-sufficiency, independence, dignity, opportunity and the quality of life in our State; and
WHEREAS, State government must work in tandem with the private sector to achieve an economic environment conducive to job creation.
NOW THEREFORE, BE IT RESOLVED THAT I, James H. Douglas, by virtue of the power vested in me as Governor of the State of Vermont, do hereby establish the Governor’s Jobs Cabinet:
The Jobs Cabinet shall consist of representatives from State agencies and departments and shall include representatives from outside state government. The State members shall include the Development Cabinet and the Commissioners of the Departments of Labor and Industry, Employment and Training, and Public Service; the Manager of the Vermont Economic Development Authority; the Chancellor of the Vermont State Colleges or his or her designee; and the President of the University of Vermont or his or her designee. There shall be thirteen non-State members appointed by the Governor to serve for terms of three years. The initial appointments of the non-State members shall include four one-year terms, four two-year terms and five three-year terms. The Governor shall appoint the Chair. The Jobs Cabinet may, at its discretion, establish inter-agency work groups to support its mission, drawing membership from any agency or department of state government.
Administrative support to the Cabinet shall be provided by the Agency of Commerce and Community Development. Public members may receive reimbursement of expenses in attending Cabinet meetings and may receive a per diem pursuant to 32 V.S.A. § 1010. The Jobs Cabinet shall meet at the call of the Chair to carry out the following responsibilities:
1) Work collaboratively to identify and meet the needs of job generators and remove impediments to job growth whenever practicable.
2) Open dialogue and establish strategic partnerships among government and key organizations to achieve the goal of greater job creation. The Jobs Cabinet and individual state agencies may refer specific job development projects that present complex and unique issues or require interagency coordination among state agencies and departments to the Chair. The Chair may establish a working group consisting of the State members for review and development of a plan to coordinate the state agencies involved and resolve interagency conflicts, if any, to insure a coordinated and common sense approach.
3) Maintain an ongoing review of the state’s permitting processes and make recommendations that will assist business and housing to grow responsibly within a regulatory scheme that is fair, predictable, expedient, and cost-conscious. The Chair, in his or her sole discretion, may refer any proposed project that will create additional jobs through expansion or location in Vermont to a working group consisting of State members for review. The working group may, to the extent practicable and according to applicable laws, identify those aspects of the project where assistance in coordinating interagency communication, permitting or regulatory processes would assist review of the project in an efficient, reasonable and timely fashion. The Chair, in his or her sole discretion, may refer a job development project to the Jobs Cabinet that has failed or chosen not to expand or locate in Vermont for review and identification of factors, including but not limited to, infrastructure needs, state workforce deficiencies, and regulatory requirements, that contributed to the decision not to expand or locate in Vermont. The working group shall report to the full Jobs Cabinet a summary of the projects it has considered and the factors identified as significant to the decision.
4) Remove barriers to and develop incentives for critical infrastructure investment in the State that is conducive to job creation such as broadband, wireless and power.
5) Facilitate small business advocacy forums in each region of the state to create an inventory of the needs of small business, including but not limited to government assistance.
6) Research programs in other states, particularly competitors in the Northeast, to identify Vermont’s opportunities and weaknesses relative to those states, recommend where Vermont should focus its efforts, and develop strategies to improve Vermont’s competitive position in those areas.
7) Research and closely monitor national and international business trends to help Vermont’s economic development strategy stay ahead of its competitors. Identify emerging markets or potential growth areas such as exporting, technology, biotech, and engineering and design appropriate recruiting strategies for those industry sectors.
8) Proactively seek to retain existing Vermont businesses and encourage job growth by developing networks for marketing and purchasing while creating links to other businesses for service and collaborative action.
9) Create and support a culture of entrepreneurship where new enterprise and innovation, especially within the high-tech industry, require private capital to grow and thrive.
10) Continuously seek ways to capitalize on Vermont’s key natural resources such as granite, wood, marble and agriculture with substantial consideration to value added products.
11) Encourage the creation, rehabilitation, and preservation of housing that is affordable to working Vermonters.
12) Encourage the reuse of buildings, manufacturing facilities and other infrastructure in our traditional downtown areas.
13) Assure that the State’s efforts, and those of this Jobs Cabinet, to maintain and create new jobs recognize the importance of assuring Vermont’s environmental heritage and ethic, and that the quality of our environment will support the goals of the Jobs Cabinet, and that a strengthened economy will benefit the State’s ability to protect the environment.
14) Advise the Governor on the effectiveness of this Order on job creation and retention in Vermont.
This Executive Order shall take effect upon execution.
Executive Order 01-00 is hereby revoked and rescinded.
Dated April 11, 2003.
Executive Order No. 3-45 (No. 10-03) [Executive Code of Ethics]
Superseded and replaced by Executive Order No. 09-11 (codified as Executive Order No. 3-53), dated July 21, 2011.
Executive Order No. 3-46 (No. 06-05) [Rescinding Certain Executive Orders]
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.
Executive Order No. 3-47 (No. 06-06) [Vermont State Craft Center Overview Commission]
Superseded and replaced by Executive Order 09-09 (codified as Executive Order No. 3-49), dated October 15, 2009.
Executive Order No. 3-48 (No. 01-09) [Merger of Department of Housing and Community Affairs and Department of Economic Development within the Agency of Commerce and Community Development]
Revoked by Executive Order 01-13 (codified as Executive Order No. 3-56), dated January 11, 2013.
Executive Order No. 3-49 (No. 09-09) [Vermont State Craft Center Overview Commission]
Superseded and replaced by Executive Order No. 12-12 (codified as Executive Order No. 9-2), dated October 31, 2012.
Executive Order No. 3-50 (No. 10-09) [Rescinding Certain Executive Orders]
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 68-88 (codified as #10-10) dated November 17, 1988 (State Agencies Designated as Having Programs Affecting Land Use or Exempted from Compliance with all Provisions of Growth Management Act of 1988 (Act 200); Establishment of and Reports to State Agency Planning Implementation Committee);
Executive Order 70-89 (codified as #3-15) dated January 13, 1989 (Abolition of Office on Aging and Transfer of Functions of Certain Divisions to and Establishment of Department of Rehabilitation and Aging);
Executive Order 97-90 (codified as #22-3) dated November 22, 1990 (Governor’s Advisory Commission on Native American Affairs);
Executive Order 99-90 (codified as #10-14) dated December 31, 1990 (Approval of Interim State Agency Land Use Plans);
Executive Order 13-91 (codified as #10-16) dated November 21, 1991 (State Agencies Designated as Having Programs Affecting Land Use in Compliance with Provisions of Growth Management Act of 1988 (Act 200); Establishment of and Reports to State Agency Implementation Committee);
Executive Order 01-99 (codified as #21-6) dated February 1, 1999 (Vermont State Workforce Investment Board);
Executive Order 12-03 (codified as #5-5) dated August 5, 2003 (Vermont Transportation Operations Council);
Executive Order 17A-03 (codified as #13-3) dated November 17, 2003 (Governor’s Commission on Corrections Overcrowding);
Executive Order 02-04 (codified as #10-31) dated April 8, 2004 (Vermont Clean State Program);
Executive Order 04-06 (codified as #15-8) dated June 29, 2006 (Creation of the Vermont Council on Domestic Violence);
Executive Order 08-06 (codified as #30-9) dated November 4, 2006 (Statewide Telecommunications Advancement);
Executive Order 01-07 (codified as #13-4) dated February 9, 2007 (Vermont Victim/Survivor Crime Council).
This Executive Order shall take effect upon signing.
Dated December 23, 2009
Executive Order No. 3-51 (No. 01-10) [Transfer of Certain Personnel Positions Within State Government to the Department of Human Resources]
WHEREAS, the Governor, pursuant to 3 V.S.A. § 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 Governor, pursuant to 3 V.S.A. § 209, may transfer, temporarily or permanently, subordinates of any one department to another, as the needs of the State require and shall “provide for and require a practical working system to insure efficiency and mutual helpfulness among the departments” of State government; and
WHEREAS, the Department of Human Resources is required to provide for centralized human resources management, 3 V.S.A. § 2283(a), and to administer the State of Vermont’s workforce, including personnel administration, labor relations, workforce training, and benefits, 3 V.S.A. § 309et seq.; and
WHEREAS, presently, personnel functions are performed by employees within state agencies and departments who are not subject to the authority of the Department of Human Resources; and
WHEREAS, the State could improve and enhance its ability to provide services to the public through the transfer of all personnel functions and associated positions within agencies and departments to the Department of Human Resources.
NOW, THEREFORE, I, James H. Douglas, by virtue of the power vested in me by 3 V.S.A., chapter 41 as Governor, do hereby:
1. Transfer, effective July 1, 2010, the following positions and incumbents from the Agencies and Departments designated below to the Department of Human Resources:
Position # Position Title and Agency/Department
Administration
040518 AoA Human Resource Director
040519 Personnel Administrator D
040520 Personnel Administrator D
Human Services
720005 Human Services Personnel Chief
720020 Personnel Administrator D
720016 HR Coordinator
720009 Personnel Administrator D
720018 HR Coordinator
720026 AHS Personnel Assistant
720017 Corrections Human Resources Administrator
720107 AHS Personnel Assistant
720019 Personnel Administrator B
720023 AHS Personnel Assistant
620004 VVH Human Resources Administrator
620179 Personnel Administrator A
720057 AHS Investigation Chief
720056 AHS Investigator
720055 AHS Investigator
Natural Resources
630071 Agency Human Resources Chief
630017 Human Resources Technician
630016 Personnel Administrator C
Transportation
860549 AOT Human Resources Chief
860304 AOT Human Resources Manager
860461 Personnel Administrator C
860003 Personnel Administrator D
860685 Personnel Administrator C
860285 Human Resources Administrator
861702 AOT Human Resources Spec III
861263 Personnel Administrator B
860935 Personnel Administrator D
860118 Personnel Administrator D
860275 AOT Investigator
BISHCA
290089 Personnel Administrator C
Education
770187 Education Human Resource Administrator
Labor
820429 VT DOL Human Resource Admin
820464 Personnel Administrator C
820087 Administrative Assistant B
Military
320105 Personnel Administrator D
Public Safety
330121 Pub Safety Human Resources Manager
330310 Personnel Administrator C
Liquor Control
310002 Personnel Administrator B
Lottery
800012 Personnel Administrator A
2. Transfer, effective July 1, 2010, any and all appropriations associated with the above listed positions from the affected Agencies and Departments to the Department of Human Resources.
3. Transfer, effective July 1, 2010, the functions, equipment, supplies and inventory associated with the above listed positions from the affected Agencies and Departments to the Department of Human Resources.
4. Direct the Commissioner of the Department of Human Resources to define the position duties and take appropriate classification actions prior to the effective date of the transfer. The Commissioner shall also take, with the assistance of the Agency Secretaries and Department Commissioners affected by the transfer, any and all necessary actions to organize, plan and effect an orderly transfer and transition.
This Executive Order shall be submitted to the General Assembly pursuant to 3 V.S.A. § 2002(b) and shall take effect on April 16, 2010, unless disapproved by resolution of the General Assembly.
Dated January 14, 2010.
Executive Order No. 3-52 (No. 04-10) [Interagency Committee on Administrative Rules]
WHEREAS, Section 820 of Title 3 of Vermont Statutes Annotated created an Interagency Committee on Administrative Rules (ICAR); and
WHEREAS, members of ICAR shall be appointed by the Governor from the executive branch of state government and serve at his pleasure; and
WHEREAS, the functions and duties of ICAR are those established by law and include “review of existing and proposed rules of agencies designated by the Governor for style, consistency with the law, legislative intent and the policies of the Governor;” and
WHEREAS, the functions and duties of ICAR may also include duties and responsibilities directed by the Governor; and
WHEREAS, Section 49 of Act 149 of 2002 (Adj. Sess.) amended the laws pertaining to rule-making to require that all rules be pre-filed with ICAR; and
WHEREAS, these amendments to law necessitate the updating of the current executive orders relating to ICAR.
NOW, THEREFORE, I, James H. Douglas, by virtue of the power vested in me as Governor of the State of Vermont do hereby order the following with respect to the functions and duties of the Interagency Committee on Administrative Rules and the responsibilities of state agencies and departments who initiate rulemaking:
1. No state agency or department shall initiate rulemaking under chapter 25 of Title 3 (the Administrative Procedures Act) without first pre-filing the rule with ICAR.
2. Prior to adopting emergency rules in accordance with 3 V.S.A. § 844, agencies and departments of state government shall submit the emergency rules to the Chair of ICAR for a determination of appropriateness by the Chair.
3. The Secretary of Administration or his or her designee shall serve as Chair of ICAR. Members of ICAR shall be appointed by the Governor from the executive branch and shall serve at his or her pleasure.
This Executive Order supersedes and replaces Executive Orders No. 14-78 (codified as E.O. 3-3), dated April 7, 1978 and No. 56-88 (codified as E.O. 3-14), dated January 8, 1988.
This order shall take effect on July 1, 2010.
Dated July 2, 2010.
Executive Order No. 3-53 (No. 09-11) [Executive Code of Ethics]
Superseded and replaced by Executive Order No. 3-84 (codified as Executive Order No. 19-17), dated December 4, 2017.
Executive Order No. 3-54 (No. 01-12) Addendum to Executive Order No. 02-09 [Renaming Vermont Commission on National and Community Service]
The Vermont Commission on National and Community Service, originally established by Executive Order No. 09-98, and presently governed by Executive Order No. 02-09, is hereby renamed SerVermont.
This Order shall amend Executive Order 02-09 (codified as No. 33-18), and shall take effect upon signing.
Dated January 17, 2012.
Executive Order No. 3-55 (No. 04-12) [Protection of Vermont State Hospital Employees Subject to a Reduction in Force Due to Tropical Storm Irene]
WHEREAS, the Department of Human Resources has provided official notice to the Vermont State Employees Association (“VSEA”) and affected employees that 80 state employees who worked at the Vermont State Hospital (“VSH”) in Waterbury will be separated from state service effective April 13, 2012;
WHEREAS, the Secretary of Administration and the Department of Human Resources have worked with the VSEA over the last few months to mitigate the impact of the reduction in force; and
WHEREAS, The Governor, the House, and the Senate have all worked diligently to support and protect these employees and will work to provide as many opportunities for state employment as is mutually possible.
NOW THEREFORE BE IT RESOLVED THAT I, Peter Shumlin, by virtue of the power vested in me as Governor, do hereby establish and order as follows:
I. Mitigation of the impact of the reduction in force to affected employees
A. The Job Offer Program: The Department of Human Resources and VSEA negotiated a pre-RIF jobs program that permits Vermont State Hospital employees to receive mandatory offers of employment to other positions in the Agency of Human Services prior to any actual reduction in force (the Job Offer Program). As part of the Job Offer Program, the Department of Human Resources hosted several informational meetings and a day-long event where employees could meet with recruitment counselors to get additional information about the program and the potential jobs available. (To date, 41 employees elected to participate in the program and 11 found new employment in the Agency of Human Services.)
B. Reemployment Rights, Benefits, and Trainings for Vermont State Hospital Employees Subject to the Reduction in Force:
a. The Department of Human Resources will hold a number of meetings at which information concerning reemployment rights, retirement options, benefits continuation, the employees’ assistance program, unemployment insurance and job training opportunities will be addressed. The Department of Human Resources will hold job fair meetings for impacted employees to provide information about existing job openings and assist employees with applying for these jobs.
b. The Vermont Department of Labor will assist the Department of Human Resources by identifying available federal and state training funds and grant opportunities to assist with skill assessment, job retraining, job development, on-the-job and apprenticeship programs, and other reemployment assistance to the affected employees.
c. The Departments of Human Resources and Labor will coordinate to hold job fair meetings for impacted employees to provide information about existing job openings and assist employees with applying for those jobs.
d. The Administration is committed to working diligently with the VSEA to place VSH employees subject to the RIF in jobs within state government in accordance with the terms of the applicable collective bargaining agreements.
C. Mandatory Job Offers to Employees Who Continue to Work for State Government: The Department of Human Resources also worked with the VSEA to address the rights that Vermont State Hospital employees may have for reemployment at any successor State Hospital. The Department and VSEA negotiated language that is included in H.630 to give any VSH employee subject to the RIF, but later rehired by state government, the opportunity to return to their prior job when the new state hospital opens, subject to seniority and other contract rights and obligations.
D. Mandatory Job Offers to Employees Who Leave State Government and Wish to Return: In addition, for displaced employees who take jobs outside state government, the proposed language extends reemployment rights under the collective bargaining agreements until one year after the opening of the successor facility. In this way, VSH employees who are no longer employed by state government will have reemployment possibilities at any successor hospital.
E. Posting of Job Openings: The Department of Human Resources shall post all open positions that involve providing care to individuals with mental health conditions that are provided to the Department by participating hospitals developing inpatient, secure residential, and intensive residential recovery services.
II. Effective Date
This Order shall take effect upon signing.
Dated February 29, 2012.
Executive Order No. 3-56 (No. 01-13) [Revocation of Executive Order 3-48 and Renaming the Department of Housing and Community Affairs the Department of Housing and Community Development]
WHEREAS, the Governor, pursuant to 3 V.S.A. § 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, via Executive Order 3-48 (No. 1-09), Governor James H. Douglas, with the approval of the General Assembly pursuant to 3 V.S.A. § 2002, merged the Department of Housing and Community Affairs with the Department of Economic Development within the Agency of Commerce and Community Development; and
WHEREAS, the merger of these two departments with the Agency of Commerce and Community Development is no longer deemed to be in the best interest of the State;
NOW THEREFORE, I, Peter Shumlin, by the power vested in me as Governor, do revoke Executive Order 3-48 and rename the Department of Housing and Community Affairs the Department of Housing and Community Development.
This Executive Order shall take effect on April 12, 2013, or before final adjournment of the annual session, whichever comes first, 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 11, 2013.
Executive Order No. 3-57 (No. 02-13) [Transfer of Certain Technology Positions to the Department of Information and Innovation]
WHEREAS, the Governor, pursuant to 3 V.S.A. § 209 and 3 V.S.A. § 2001, may make changes in the organization of the executive branch as he considers necessary for efficient administration; and
WHEREAS, the State could improve and enhance its ability to provide services to the public through the transfer of certain technology support positions from the Agency of Human Services (AHS) to the Department of Information and Innovation (DII);
NOW THEREFORE, I, Peter Shumlin, by the power vested in me as Governor, do hereby:
1. Transfer, effective July 1, 2013, the following positions and incumbents from AHS to DII:
Position No. HR Title 1 720084 IT Specialist I 2 720086 IT Sys Admin 3 720085 IT Specialist III 4 720003 Help Desk Sp II 5 720065 Network Admin II 6 720150 IT Security 7 720130 AHS Security Director 8 720083 IT Specialist II 9 720106 IT Specialist II 10 720098 Agency IT Procurement Services
Specialist11 720105 IT Specialist II 12 720059 Network Admin III 13 720087 Network Admin III 14 720090 IT Specialist II 15 750516 IT Specialist III 16 720104 Help Desk Sp II 17 720089 IT Specialist I 18 720093 IT Specialist II 19 720102 Network Admin II 20 720096 IT Specialist II 21 720082 IT Manager I 22 720100 IT Sys Admin 23 720103 IT Specialist II 24 720094 Network Admin II 25 720092 IT Sys Admin 26 720095 Network Admin II 2. Transfer, effective July 1, 2013, the functions, equipment, supplies and inventory associated with the above listed positions from AHS to DII. Any and all appropriations will remain with AHS, as DII will charge AHS for services consumed.
3. Direct the Commissioner of DII to define the position duties and take appropriate classification actions through the Department of Human Resources prior to the effective date of the transfer. The Commissioner shall also take, with the assistance of the Agency Secretaries and Department Commissioners affected by the transfer, any and all necessary actions to organize, plan and affect an orderly transfer and transition.
This Executive Order shall take effect on April 12, 2013, or before final adjournment of the annual session, whichever comes first, 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 11, 2013.
Executive Order No. 3-58 (No. 03-13) [Governor’s Business Advisory Council on Health Care Financing]
Expired by its own terms, effective July 15, 2015.
Executive Order No. 3-59 (No. 10-13) [Governor’s Workforce Equity and Diversity Council and Development of an Equal Employment Opportunity Program]
WHEREAS, the State of Vermont is an employer committed to the practice of equal opportunity in all aspects of employment in state government, and
WHEREAS, the State of Vermont is committed to promoting equal employment opportunities by identifying obstacles to employment and career advancement, and endeavoring to remove those obstacles without regard to race, color, religion, national origin, sex, sexual orientation, gender identity, ancestry, place of birth, age, physical or mental condition, or HIV status, and
WHEREAS, the Department of Human Resources is developing a statewide Workforce Planning process that will reflect the benefits of diversity and promote a talented and skilled workforce.
NOW, THEREFORE, BE IT RESOLVED that I, Peter Shumlin, by virtue of the authority vested in me as Governor of the State of Vermont, do hereby re-establish and re-constitute the “Governor’s Workforce Equity and Diversity Council” and order as follows.
I. Composition, Appointments, and Process.
The Council shall have up to fifteen members, including:
— The Commissioner of Human Resources or designee,
— The Commissioner of Labor or designee,
— The Commissioner of the Department of Disabilities, Aging and Independent Living or designee,
— A representative from the Vermont State Employees’ Association,
— A representative of the Attorney General’s Office,
— A representative of the Vermont Commission on Women,
— Up to seven members of the public belonging to historically under-represented or disadvantaged groups, or working for organizations that advocate for such groups or promote the practices of equal opportunity, appointed by the Governor,
— Up to two at large members appointed by the Governor.
Each year the Council shall elect at least one member, but no more than two members, to serve as chair or co-chairs of the Council.
The term of office for Council members shall be two years, with members serving at the pleasure of the Governor. Members may be reappointed to subsequent two year terms.
The Council shall be attached to the Department of Human Resources for administrative support. To the extent funds permit, members of the Council who are not state employees shall receive a per diem pursuant to 32 V.S.A. § 1010(e).
II. Charge.
The Council’s duties include but are not limited to the following:
A. Consult with and advise the Commissioner of Human Resources and the Secretary of Administration regarding development, implementation, and the maintenance of the state’s Equal Employment Opportunity and Diversity Program(s), and shall report on the integration of diversity issues with statewide planning and development efforts;
B. Meet on a regular basis to ensure ongoing coordination of efforts, monitoring of activities against goals and objectives, and compliance with applicable federal and state laws, mandates, and union contracts, and
C. The Council may establish ad hoc subcommittees and appoint advisors as needed to address specific issues that may arise.
In addition, the Commissioner of Human Resources, with the assistance of the Council, shall:
A. With the approval of the Secretary of Administration, develop, implement, and monitor an Equal Employment Opportunity Program for the State of Vermont that addresses statewide diversity issues and provides support to each state agency or department in developing and implementing individual diversity programs tailored to agency/department needs, and
B. Work with agencies and departments in the preparation, monitoring, and enforcement of agency or department-specific equal employment opportunity and diversity programs, and
C. Work with human resources administrators and labor relations specialists to make available appropriate training and provide support for all agencies and departments, and
D. Ensure that equal opportunity and diversity is an integral part of workforce planning and development throughout the Executive Branch.
E. Submit an annual report to the Governor regarding the progress of the current year’s Equal Employment Opportunity Plan and diversity initiatives by January 15th, and
F. Submit the state’s Equal Employment Opportunity Plan for the next fiscal year by April 30th for approval by the Governor.
III. Effective Date.
This Executive Order shall take effect upon signing, shall supersede Executive Order 09-02, and shall continue in full force and effect until further order by the Governor.
Dated December 31, 2013.
Executive Order No. 3-60 (No. 01-14) [Governor’s Consumer Advisory Council on Health Care Reform]
Expired by its own terms, effective July 15, 2015.
Executive Order No. 3-61 (No. 02-14) [Governor’s Criminal Justice and Substance Abuse Cabinet]
Superseded and replaced by Executive Order No. 3-77 (codified as Executive Order No. 03-77), dated January 5, 2017.
Executive Order No. 3-62 (No. 03-14) [Governor’s Law Enforcement Officer Coordinating Council]
WHEREAS, state, county, and local police agencies play a unique role in protecting and supporting their communities;
WHEREAS, law enforcement officers are increasingly first-responders on a variety of complex social issues, from substance abuse to mental illness to family violence; and
WHEREAS, sharing of information and policy recommendations among state, county, and local police agencies and the Governor’s Administration is beneficial to the collective goal of improving public safety for all Vermonters.
NOW, THEREFORE, BE IT RESOLVED that I, Peter Shumlin, by virtue of the power vested in me as Governor, do hereby establish a Governor’s Law Enforcement Officer Coordinating Council as follows:
I. Composition and Process.
The Council shall consist of the President of the Sheriff’s Association or designee, the President of the Police Chiefs Association or designee, the President of the Police Association or designee, the Commissioner of Public Safety or designee, and the Governor’s Counsel. The Council shall be chaired by the Governor’s Counsel and shall meet no less than quarterly at the call of the Chair.
II. Effective Date.
This Order shall take effect upon signing and shall expire on July 15, 2019.
Dated June 17, 2014
Executive Order No. 3-63 (No. 04-14) [VtSHARES Coordinating Committee]
WHEREAS, for many years Vermont state employees have joined with other citizens in support of voluntary charitable services;
WHEREAS, state employees share feelings of civic responsibility and deserve the same opportunity as their neighbors employed in the private sector or by the federal government to discharge that responsibility efficiently and with the knowledge that their charitable contributions will be used accountably and in a way that will provide maximum benefits; and
WHEREAS, organized charitable campaigns are permitted under 29 V.S.A. § 5.
NOW, THEREFORE, BE IT RESOLVED that I, Peter Shumlin, by virtue of the authority vested in me as Governor of the State of Vermont, do hereby re-establish and re-constitute the “State Employee Combined Charitable Appeal Committee” as the VtSHARES Coordinating Committee and order as follows:
I. Composition, Appointments, and Process.
The VtSHARES Coordinating Committee shall consist of the Secretary of Administration and at least four other persons appointed by the Governor who will serve at the pleasure of the Governor. The Governor may delegate his appointment authority under this Order to the Secretary of Administration.
The Committee shall be chaired by the Secretary of Administration or his or her designee. The Committee shall meet at the call of the Chair and may designate additional committees as necessary to administer the VtSHARES campaign.
The Agency of Administration shall provide administrative support to the Committee.
II. Charge.
The Committee shall review and, if approved by the Governor, make arrangements for the VtSHARES campaign and other such organized charitable campaigns as the Committee deems appropriate to solicit funds from state employees at their places of employment or duty stations. In making these arrangements, the Committee shall consult with appropriate interested persons, organizations, state agencies and departments.
Upon authorization of an organized charitable campaign by the Committee, the Committee shall recommend appropriate action or authorization of the campaign by the Governor pursuant to 29 V.S.A. § 5.
III. Effective Date.
This Executive Order shall take effect upon signing.
Dated October 7, 2014
Executive Order No. 3-64 (No. 05-14) [Accessibility of Buildings Used for Public Meetings to People with Disabilities]
WHEREAS, section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act provide that programs and buildings financed in part or in whole by a grant or loan from the federal government must be accessible to people with disabilities;
WHEREAS, since 1981, Vermont law regarding public buildings has required that a person shall not construct or permit construction of a public building unless the specifications equal those of the American National Standards Institute and current Americans with Disabilities Act Accessibility Guidelines related to making buildings and facilities accessible to and usable by people with physical disabilities;
WHEREAS, an estimated 92,000 Vermonters have disabling conditions that are significantly restrictive and can be exclusive unless reasonable accommodations are made;
WHEREAS, all Vermonters with disabilities should have access to and use of buildings and facilities where the functions of State Government are conducted; and
WHEREAS, it is the policy of the State of Vermont to conduct all state business in barrier-free facilities.
NOW, THEREFORE, BE IT RESOLVED that I, Peter Shumlin, by virtue of the authority vested in me as Governor of the State of Vermont do hereby direct that all meetings that are open to the public where Vermont State Government business is conducted shall be held in buildings or facilities accessible to and usable by people with disabilities.
This Order shall take effect upon signing and supersedes and replaces Executive Order 28-86 (codified as No. 29-14).
Dated October 21, 2014
Executive Order No. 3-65 (No. 07-14) [Transfer of Certain Medicaid Policy Positions to the Agency of Human Services Central Office]
WHEREAS, the Governor, pursuant to 3 V.S.A. § 209 and § 2001, may make changes in the organization of the executive branch as he considers necessary for efficient administration; and
WHEREAS, the State can improve and enhance services to Vermonters by transferring Medicaid Policy personnel from the Department of Vermont Health Access (DVHA) to the Agency of Human Services Central Office (AHS CO).
NOW, THEREFORE, BE IT RESOLVED that I, Peter Shumlin, by the power vested in me as Governor, do hereby:
1. Transfer the following positions, incumbents, and associated functions, equipment, supplies and inventory, from DVHA to AHS CO:
Position No. HR Title 1 730010 DVHA Policy Director 2 730015 Health Access Policy and Planning
Chief3 730101 Health Programs Administration 4 730022 Health Programs Administrator 5 730062 Health Programs Administrator 6 730285 Health Programs Administrator 7 730104 DVHA Program Consultant 2. Direct the Secretary of AHS to define position duties and take appropriate classification actions through the Department of Human Resources. The Secretary, with the assistance of his Commissioners, shall organize, plan, and affect an orderly transfer and transition.
This Order shall take effect on April 7, 2015, or before final adjournment of the annual session, whichever comes first, unless disapproved by the General Assembly pursuant to 3 V.S.A. § 2002. This Order shall be submitted to the General Assembly pursuant to 3 V.S.A. § 2002(b).
Dated December 19, 2014
Executive Order No. 3-66 (No. 01-15) [Revocation of Certain Executive Orders]
WHEREAS, Governors have created various executive orders over the years, some of which have become obsolete by the passage of time or by other provisions of law; and
WHEREAS, Governors have periodically sought to update existing executive orders, including by revoking and rescinding orders that no longer serve the purpose for which they were enacted;
NOW, THEREFORE, BE IT RESOLVED that I, Peter Shumlin, by virtue of the authority vested in me as Governor of the State of Vermont, do hereby revoke and rescind the Executive Orders listed below:
I. Orders Revoked.
Chapter 3: Executive
Executive Order No. 01-94 (codified as No. 3-26) dated January 12, 1994 (Abolition of Department of Taxes and Creation of Department of Revenue);
Chapter 10: Conservation and Development
Executive Order No. 24-86 (codified as No. 10-8) dated June 11, 1986 (Program for Recycling of Waste Products and Revision of State Solid Waste Management Plan);
Chapter 15: Domestic Relations
Executive Order No. 16-11 (codified as No. 15-10) dated November 17, 2011 (Governor’s Prevention of Domestic and Sexual Violence Task Force);
Chapter 18: Health
Executive Order No. 12-11 (codified as No. 18-21) dated September 20, 2011 (Designation of Vermont State Hospital at Springfield, Vermont);
Chapter 20: Internal Security and Public Safety
Executive Order No. 12-85 (codified as No. 20-2) dated July 15, 1985 (Activation of Vermont National Guard for Assistance of Civilian Authorities in City of Barre);
Executive Order No. 51-87 (codified as No. 20-3) [undated] (Order Into Service of Vermont National Guardsmen for Assistance to Civilians and Authorities of State and Bennington County);
Executive Order No. 77-89 (codified as No. 20-5) dated August 8, 1989 (Declaration of State of Emergency and Activation of Emergency Disaster Preparedness Plan for Washington County);
Executive Order No. 6-91 (codified as No. 20-7) dated May 1, 1991 (Utilization of National Guard to Carry Out Vermont’s Drug Enforcement Support Plan);
Executive Order No. 3-95 (codified as No. 20-8) dated July 29, 1995 (Activation of National Guard to Assist Vermont State Police and the City of Burlington);
Executive Order No. 4-95 (codified as No. 20-9) dated August 8, 1995 (Declaration of State of Emergency for Caledonia, Chittenden, Essex, Lamoille, Orleans and Washington Counties);
Executive Order No. 5-95 (codified as No. 20-10) dated August 8, 1995 (Activation of National Guard to Assist State and Local Officials in Stabilizing Conditions Resulting From Flooding);
Executive Order No. 8-96 (codified as No. 20-11) dated January 24, 1996 (Declaration of State of Emergency and Activation of Emergency Disaster Preparedness Plan for State of Vermont);
Executive Order No. 11-96 (codified as No. 20-12) dated June 14, 1996 (Declaration of State of Emergency for Windham and Windsor Counties);
Executive Order No. 12-96 (codified as 20-13) dated June 14, 1996 (Activation of National Guard to Assist in Flood Recovery Operations in Windham County);
Executive Order No. 1-97 (codified as No. 20-14) dated July 15, 1997 (Declaration of State of Emergency for Franklin, Lamoille, and Orleans Counties);
Executive Order No. 2-97 (codified as No. 20-15) dated July 15, 1997 (Activation of National Guard to Assist in Flood Recovery Operations and Security in Franklin, Lamoille, and Orleans Counties);
Executive Order No. 1-98 (codified as 20-16) dated January 8, 1998 (Declaration of State of Emergency for Grand Isle County);
Executive Order No. 2-98 (codified as No. 20-17) dated January 8, 1998 (Activation of National Guard to Assist in Flood Recovery Operations and Security in Grand Isle County);
Executive Order No. 3-98 (codified as No. 20-18) dated January 9. 1998 (Declaration of State of Emergency for Chittenden, Franklin, and Addison Counties);
Executive Order No. 4-98 (codified as No. 20-19) dated January 9, 1998 (Activation of National Guard to Assist in Flood Recovery Operations and Security in Chittenden, Franklin, and Addison Counties);
Executive Order No. 6-98 (codified as No. 20-20) dated June 28, 1998 (Declaration of State of Emergency for Addison, Orange, Washington, and Windsor Counties);
Executive Order No. 7-98 (codified as No. 20-21) dated June 28, 1998 (Activation of National Guard to Assist in Flood Recovery Operations and Security in Addison, Orange, Washington, and Windsor Counties);
Executive Order No. 8-99 (codified as No. 20-22) dated July 8, 1999 (Declaration of State of Emergency and Activation of Emergency Disaster Preparedness Plan for Town of Springfield);
Executive Order No. 9-99 (codified as No. 20-23) dated July 8, 1999 (Activation of National Guard to Assist in Recovery Operations and Security in Town of Springfield);
Executive Order No. 5-00 (codified as No. 20-25) dated July 17, 2000 (Declaration of State of Emergency and Activation of Emergency-Disaster Preparedness Plan for Addison, Bennington, Windham and Windsor Counties);
Executive Order No. 5-02 (codified as No. 20-28) dated June 12, 2002 (Declaration of State of Emergency for the County of Caledonia);
Executive Order No. 5-05 (codified as No. 20-32) dated September 2, 2005 (Activation of National Guard to Assist in Hurricane Recovery Operations and Security in the State of Louisiana);
Executive Order No. 4-07 (codified as No. 20-34) dated April 17, 2007 (Declaration of State of Emergency and Activation of Emergency Operations Plan for State of Vermont), and addendum dated April 24, 2007;
Executive Order No. 5-08 (codified as No. 20-37) dated December 15, 2008 (Declaration of State of Emergency and Activation of Emergency Operations Plan for Bennington, Orange, Windham, and Windsor Counties), and addendum dated December 22, 2008;
Chapter 30: Public Service
Executive Order No. 56-81 (codified as No. 30-2) dated January 13, 1981 (Transfer of Energy Office From Agency of Administration to Department of Public Service);
Executive Order No. 9-94 (codified as No. 30-3) dated May 20, 1994 (Declaration of Energy Emergency with Respect to Damaged PV20 Transmission Line);
Executive Order No. 9-95 (codified as No. 30-4) dated December 28, 1995 (Extension of Declaration of Energy Emergency with Respect to Damaged PV20 Transmission Line);
Executive Order No. 10-12 (codified as No. 30-10) dated October 2, 2012 (Governor’s Energy Generation Siting Policy Commission);
Chapter 32: Taxation and Finance
Executive Order No. 32-86 (codified as No. 32-1) dated November 6, 1986 (Allocation of 1986 State Ceiling on Tax Exempt Private Activity Bonds);
Executive Order No. 38-87 (codified as No. 32-2) dated January 30, 1987 (Interim Allocations of 1987 State Ceiling on Tax Exempt Private Activity Bonds);
Executive Order No. 55-87 (codified as No. 32-5) dated December 29, 1987 (Allocation of 1987 State Ceiling on Tax Exempt Private Activity Bonds);
Executive Order No. 14-11 (codified as No. 32-9) dated November 2, 2011 (Private Activity Bond Advisory Committee), superseded by 32 V.S.A. § 994.
II. Effective Date.
This Executive Order shall take effect upon signing.
Dated February 13, 2015
Executive Order No. 3-67 (No. 03-15) [Ban the Box Hiring Policy]
WHEREAS, Vermonters with criminal records suffer from discrimination in many areas of life, including employment opportunities;
WHEREAS, state government is committed to modeling fair hiring practices for all Vermont employers;
WHEREAS, too many Vermonters with criminal records are unable to successfully re-enter their communities due to lack of employment and self-sufficiency;
WHEREAS, Vermonters with criminal records represent a workforce with skills to contribute and a desire to add value to their communities;
WHEREAS, studies indicate that stable employment is one of the best predictors of post-conviction success;
WHEREAS, employment of those with criminal records promotes public safety and cost-containment by significantly reducing the risk of recidivism and incarceration;
WHEREAS, a “ban the box” hiring policy increases the opportunity of applicants with criminal records to explain their circumstances while preserving employers’ ability to ultimately conduct a criminal background check as part of the hiring process;
WHEREAS, such a policy removes questions related to a job applicant’s criminal record in the initial stage of many employment applications, thereby preventing the conviction from serving as an immediate reason for screening out an applicant when the conviction may have little or no bearing on the work to be performed;
WHEREAS, states across the country have adopted hiring practices to remove unfair barriers to employment of people with criminal records; and
WHEREAS, the U.S. Equal Employment Opportunity Commission, to maximize compliance with federal anti-discrimination law, recommends delaying inquiry of a job applicant’s conviction history and considering the job-relatedness of the conviction.
NOW, THEREFORE, BE IT RESOLVED that I, Peter Shumlin, by virtue of the power vested in me as the Governor of the State of Vermont, do hereby order and direct that the Department of Human Resources create and implement a “ban the box” hiring policy that encourages job applications from all motivated, hardworking, and otherwise qualified people, regardless of a person’s criminal record. Such a policy shall provide qualified applicants the opportunity to explain a criminal record when applying for state positions, but shall not affect positions for which a criminal conviction makes a candidate ineligible regardless of the circumstances.
This Executive Order shall take effect upon signing.
Dated April 21, 2015
Executive Order No. 3-68 (No. 06-15) [Transfer of Certain Land and Permanent Easements in the Town of Killington from ANR to VTRANS]
WHEREAS, the Agency of Transportation (“VTRANS”) needs to construct Transportation Project Killington ER 022-1(27), which involves the replacement of Bridge #118 carrying a state highway known as Vermont Route 100 over Kent Brook, and which affects land under the jurisdiction of the Agency of Natural Resources, Department of Fish and Wildlife, and Department of Forest, Parks, and Recreation (“ANR”); and
WHEREAS, VTRANS and ANR desire to complete the transfer of the necessary land and/or rights and easements from ANR to VTRANS.
NOW, THEREFORE, BE IT RESOLVED that I, Peter Shumlin, by virtue of the power vested in me as Governor of the State of Vermont, do hereby transfer and set over to VTRANS jurisdiction and control of land and permanent easements of ANR’s described below:
I. Parcel One:
Being part of the same land and premises conveyed to the State of Vermont by the following instruments:
1. Warranty Deed of Susan Stodghill to the State of Vermont, dated July 20, 1991, and recorded in Book 124, Pages 149-151; and
2. Guardian’s Deed of N. Warren Fellows, as Guardian unto Clara E. Kent, to the State of Vermont, dated February 8, 1958, and recorded in Book 20, Pages 470-471;
all of the Town of Killington Land Records and being more particularly described as follows:
Being Parcel #1, consisting of 271 square feet, land and rights therein, as shown on right of way detail sheet 1 and right of way layout sheet 1 of the revised plans of Transportation Project Killington ER 022-1(27) (“the Transportation Project”) as filed on the 20th day of May, 2015, in the office of the Clerk of the Town of Killington.
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, for construction purposes, including the right to cut and dispose of all trees, down timber, stubs, brush, bushes, and debris, install project demarcation fence and erosion control barriers and to keep the erosion control barriers clear of debris and functioning properly, throughout the construction of the project, as necessary and as noted on the project plans; and undertake general construction functions in an area of 597 square feet, more or less, left of and between approximate stations 103+00.00 and 103+28.60 of the established centerline of the Transportation Project.
A permanent easement to construct and maintain the channel of a certain stream of water, known as the Kent Brook, now running on land of the grantor, including the right to install and maintain stone fill, as well as a temporary easement during the period of construction to enter upon land of the grantor to install erosion control barriers and to keep the erosion control barriers clear of debris and functioning properly, throughout the construction of the project, as necessary and as noted on the project plans, in an area of 507 square feet, more or less, and located left of and between approximate stations 103+00.00 and 103+28.49 of the established centerline of the Transportation Project.
II. Parcel Two:
Being part of the same land and premises conveyed to the State of Vermont by the following instruments:
1. Guardian’s Deed of N. Warren Fellows, as Guardian unto Clara E. Kent, to the State of Vermont, dated January 27, 1959, and recorded at Book 21, Pages 46-47; and
2. Guardian’s Deed of N. Warren Fellows, as Guardian unto Clara E. Kent, to the State of Vermont, dated February 8, 1958, and recorded at Book 20, Pages 470-471.
all of the Town of Killington Land Records and being more particularly described as follows:
Being Parcels #2A-B, consisting of 2,055 square feet, land and rights therein, as shown on right of way detail sheet 1 and right of way layout sheet 1 of the revised plans of Transportation Project Killington ER 022-1(27) (“the Transportation Project”), as filed on the 20th day of May, 2015, in the office of the Clerk of the Town of Killington.
In connection with the above parcel the following easements and/or rights are conveyed:
Temporary easements during the period of construction to enter upon land of the grantor, for construction purposes, including the right to cut and dispose of all trees, down timber, stubs, brush, bushes, and debris, install project demarcation fence and erosion control barriers and to keep the erosion control barriers clear of debris and functioning properly, throughout the construction of the project, as necessary and as noted on the project plans; and undertake general construction functions: in an area of 925 square feet, more or less, left of and between approximate stations 103+52 and 104+10; in an area of 832 square feet, more or less, right of and between approximate stations 102+44 and 103+00; and in an area of 686 square feet, more or less, right of and between approximate stations 103+52 and 104+10; all stations are of the established centerline of the Transportation Project.
This Order shall take effect upon signing.
Dated September 16, 2015
Executive Order No. 3-69 (No. 07-15) [Health in All Policies Task Force]
WHEREAS, the health and well-being of all Vermonters is critical for a prosperous and sustainable state;
WHEREAS, integrating consideration of health impacts into a variety of state policies, including those related to air and water quality, natural resources and agricultural land, housing, infrastructure, public health, sustainable communities, and climate change can benefit Vermonters’ quality of life and economic prosperity;
WHEREAS, such policies influence the adoption of healthy lifestyles by making it more or less difficult for individuals to choose behaviors that promote or diminish health;
WHEREAS, largely avoidable chronic illnesses are a growing burden for the State and its people, and negatively affect Vermonters’ productivity, quality of life, life expectancy, and health care costs;
WHEREAS, health is an outcome of a wide range of factors, many of which lie outside the activities of the health sector and require a shared responsibility and an integrated and sustained policy response across government; and
WHEREAS, to improve health outcomes now and in the future, agencies should collaborate with each other to ensure that health is considered when policies are developed.
NOW, THEREFORE, BE IT RESOLVED I, Peter E. Shumlin, by virtue of the power vested in me as Governor of the State of Vermont, do hereby establish the Health in All Policies (HiAP) Task Force.
I. Composition and Charge.
The Health in All Policies (HiAP) Task Force will identify strategies to more fully integrate health considerations into all state programs and policies, and promote better health outcomes through interagency collaboration and partnership.
The Task Force shall be Chaired by the Commissioner of Health and staffed by the Department of Health (DOH), and shall work with representatives from the following agencies and departments:
1. Agency of Administration
2. Agency of Agriculture
3. Agency of Commerce and Community Development
4. Agency of Education
5. Agency of Human Services
6. Agency of Natural Resources
7. Agency of Transportation
8. Public Service Department
9. Department of Health
In addition, the Task Force may seek members from any other entity identified by the Task Force, including but not limited to the Public Service Board, the Natural Resources Board, the Vermont Housing and Conservation Board, and the Vermont Housing Finance Board.
The Task Force shall meet at the call of the Chair.
By January 15, 2016, and thereafter annually, the Task Force will report to the Governor on:
1. Potential opportunities to include health criteria in regulatory, programmatic and budgetary decisions;
2. Promising practices in other jurisdictions to identify opportunities for innovation and coordination across sectors that include consideration of potential positive and negative health impacts of decisions; and
3. Evidence-based actions and policies to improve the wellness of state employees across state government, including healthy food procurement policies.
In consultation with the Task Force, DOH shall develop guidance, criteria and analytic tools to support all branches of government in assessing potential positive or negative health impacts when proposing new agency rules, budgetary changes, or major programmatic shifts.
Members of the HiAP Task Force will regularly report internally on their progress in embedding health impacts in their rulemaking, policies and programs. The Task Force may establish sub-committees and internal policies as necessary and appropriate to carry out its work.
II. Effective Date.
This Executive Order shall take effect upon signing.
Dated October 6, 2015
Executive Order No. 3-70 [Intentionally left blank. Property transfers found in Chapter 29.]
Executive Order No. 3-71 [Intentionally left blank. Property transfers found in Chapter 29.]
Executive Order No. 3-72 (No. 02-16) [Disability Employment Working Group]
WHEREAS, the State of Vermont is committed to developing and maintaining a high-performing workforce that provides access, meaningful services, and improved outcomes for all citizens; and
WHEREAS, to achieve this goal, the state workforce must include a diversity of perspectives that reflects all Vermonters, including people with disabilities; and
WHEREAS, currently only 34.6 percent of Vermont’s 41,500 working-age people with disabilities are employed and, in 2014, an estimated 24.2 percent of Vermonters aged 18 to 64 with a disability lived in families with incomes below the poverty line; and
WHEREAS, the State has a vested interest in preventing discrimination against people living with a disability, eliminating barriers to meaningful employment, and attracting the highest quality candidates into state employment opportunities; and
WHEREAS, continued progress towards serving and employing people with disabilities requires both the commitment and participation of executive leaders throughout state government.
NOW, THEREFORE, BE IT RESOLVED I, Peter E. Shumlin, by virtue of the authority vested in me as Governor, do hereby order and direct that a “Disability Employment Working Group” be established under the auspices of the Governor’s Workforce Equity and Diversity Council (“GWEDC”) as follows:
I. Composition and Process.
The Commissioner of the Department of Human Resources (“DHR”) or designee shall chair the Working Group. The Working Group shall have up to five members, including:
1. The Commissioner of DHR or designee;
2. The Commissioner of the Department of Disabilities, Aging and Independent Living (“DAIL”) or designee; and
3. Up to three members of the GWEDC appointed by its chair or co-chairs.
The Working Group shall meet at the call of the Chair.
II. Charge.
The Disability Employment Working Group shall make recommendations regarding hiring practices to increase access to state employment for individuals with disabilities. The Working Group shall consider, among other strategies:
1. Partnering with employment organizations and other community groups to identify and recruit qualified applicants and promote state employment opportunities;
2. Reviewing current training programs for all state employees to ensure coverage of disability etiquette and best practices;
3. Implementing the “Progressive Employment” model, in which participants are exposed to a series of short-term work experiences, through the use of internships or trainee programs;
4. Identifying and accessing short-term skills training in high-demand areas to meet state workforce demands; and
5. Recommending further steps to bring individuals with disabilities into state employment at a rate that is as close as possible to that of the general population of working Vermonters, and comparing progress made each year to increase hiring opportunities and the integrated employment of those with disabilities, while maintaining the confidentiality of employees’ personal information.
III. Report.
The GWEDC shall include an update on disability employment in the state workforce as part of its annual report.
IV. Effective Date.
This Executive Order shall take effect upon signing.
Dated March 23, 2016
Executive Order No. 3-73 (No. 03-16) [Publicly Funded Housing for the Homeless]
WHEREAS, homelessness has been a persistent and growing problem within Vermont for more than 30 years, affecting children, young adults, working families, and veterans;
WHEREAS, both the financial and human costs of homelessness strain public services including health care, mental health care, and education;
WHEREAS, as federal housing resources have declined, affordable housing production in Vermont has slowed and homelessness has increased;
WHEREAS, Vermont has a commitment to the quality of life for all of its citizens, including through the launch of a statewide initiative to end child and family homelessness in Vermont by 2020;
WHEREAS, State investments targeted to Vermonters experiencing homelessness — including the Vermont Rental Subsidy, Family Supportive Housing, Housing Opportunity Program, and Subsidy and Care Program — have shown effectiveness at breaking the cycle of homelessness;
WHEREAS, housing partners such as the Vermont State Housing Authority, the Vermont Housing Finance Agency, and the Vermont Housing and Conservation Board have targeted and coordinated resources to create supportive housing opportunities for Vermonters who are homeless;
WHEREAS, the 2015 annual point-in-time count showed a modest decrease in homelessness statewide, and housing partners across Vermont should commit to building on successes to date; and
WHEREAS, in addition to increasing access to affordable housing, success in ending homelessness requires a coordinated continuum of supports and services including Short-Term Emergency Shelter, Targeted Transitional Housing, Rental Subsidies, Targeted Homelessness Prevention Activities, Rapid Re-Housing, and Supportive Housing.
NOW, THEREFORE BE IT RESOLVED I, Peter E. Shumlin, by virtue of the power vested in me as Governor, do hereby establish a goal that owners of publicly funded housing make available at least 15% of their affordable housing portfolio to homeless families and individuals, including those with special needs who require service support and rental assistance to secure and maintain their housing.
To implement this goal, I hereby direct that:
1. Housing organizations and homeless service providers that receive state funds, state-allocated grants, and/or state tax credits shall work together to coordinate rental subsidies, services, and economic support such that, when publicly supported housing units become available, homeless families and individuals have the assistance and support needed to make use of those units. These organizations are encouraged to adopt Memoranda of Understanding or other mechanisms as tools to plan for achievement of this goal.
2. To ensure that homeless Vermonters have both the necessary supports and affordable housing to achieve success, the Agency of Human Services (“AHS”) shall prioritize and coordinate services and subsidies to homeless families and individuals, and shall encourage recipients of AHS grants to work together with housing partners to meet the 15% goal.
3. Public housing authorities and owners of privately owned publicly supported affordable housing are encouraged to work towards the goal of making at least 15% of their units available to homeless families and individuals as units change hands and are developed.
4. The Vermont Community Development Program (“VCDP”), the Vermont Housing and Conservation Board (“VHCB”), and the Vermont Housing Finance Agency (“VHFA”) shall work together to develop funding criteria that requires applicants for housing grants or tax credits to describe plans and tools to achieve the goal of making at least 15% of their permanent, publicly supported housing units available to the homeless. These funding criteria shall apply to all applicants for housing grants or tax credits, subject to limited exceptions. Applicants will also be asked to describe any “non-permanent” assistance, such as shelter beds or transitional housing units. VCDP, VHCB, and VHFA shall report annually to the Agency of Commerce and Community Development and AHS on the results of this effort.
5. AHS shall provide training to housing managers and housing and homeless service providers on how to successfully work with formerly homeless households.
6. State agencies and housing agencies are encouraged to seek new sources of federal and philanthropic funding for housing development, services and subsidies.
7. In working towards the 15% goal, owners of age-restricted housing shall not be required to make units available to individuals who do not meet their age restrictions.
This Executive Order shall take effect upon signing.
Dated April 20, 2016
Executive Order No. 3-74 (No. 04-16) [Vermont Strong License Plates]
WHEREAS, Vermont passed legislation creating Vermont Strong Commemorative License Plates in 2012 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”;
WHEREAS, in 2014, the General Assembly extended the display of Vermont Strong License plates to June 30, 2016;
WHEREAS, the Vermont Strong license plate continues to be an important symbol of Vermont’s resiliency and commitment to the many communities, businesses, and families impacted by Tropical Storm Irene and other major flooding events; and
WHEREAS, under section 511(a) of title 23, “[a] motor vehicle operated on any highway shall have displayed in a conspicuous place either one or two number plates as the Commissioner may require.”
NOW, THEREFORE BE IT RESOLVED THAT I, Peter E. Shumlin, by virtue of the power vested in me as Governor, do hereby order and direct that:
(a) The Commissioner of Motor Vehicles shall continue to permit Vermonters to display Vermont Strong Commemorative License Plates on the front of eligible vehicles;
(b) Vermont law enforcement officers shall refrain from ticketing or otherwise penalizing any Vermonter with a Vermont Strong Commemorative License Plate as the front plate on an eligible vehicle until the General Assembly next has the opportunity to consider and clarify the duration of Vermont Strong Commemorative License Plates; and
(c) The Commissioner of Motor Vehicles and the Commissioner of Public Safety shall take all necessary and appropriate actions to implement this Order with state and local law enforcement.
This Executive Order shall take effect upon signing.
Dated June 2, 2016
Executive Order No. 3-75 (No. 05-16) [Climate Change Considerations in State Procurements]
WHEREAS, climate change is the most urgent environmental issue of our time;
WHEREAS, cultivating a “green economy” in Vermont has led to the creation of over 1,400 new clean energy jobs in the past year and Vermont now has the highest number of per capita clean energy jobs of any U.S. state;
WHEREAS, the State has the duty to lead by example and encourage companies to promote and utilize best practices that are consistent with our efforts to reduce emissions and move to clean energy in Vermont;
WHEREAS, the legislature has expressed a strong policy in support of combatting climate change by: (a) setting goals of producing 25 percent of energy consumed in Vermont through the use of renewable energy sources by 2025, 10 V.S.A. § 580(a), and of reducing by 75 percent greenhouse gas emissions in Vermont from the 1990 levels by 2050, 10 V.S.A. § 578(a); and (b) adopting an innovative renewable energy standard with Act 56 of 2015 that sets utility renewable targets and implements solutions to address carbon emissions from the transportation and heating sectors, which account for more than two-thirds of Vermont’s carbon emissions;
WHEREAS, Vermont’s 2016 Comprehensive Energy Plan calls for a reduction in per capita energy use of 15 percent by 2025, and calls for 90 percent renewables by 2050; and
WHEREAS, Vermont can encourage additional action on climate change through the state procurement process.
NOW, THEREFORE BE IT RESOLVED that I, Peter E. Shumlin, by virtue of the authority vested in me as the Governor of the State of Vermont, do hereby order and direct the Secretary of Administration, in consultation with the Climate Cabinet, to include processes in the State’s acquisition policies that ensure the favorable consideration of vendor business practices that promote clean energy and take action to address climate change. The Secretary may set a minimum financial threshold for application of these policies, and the policies shall include consideration of practices such as:
1. Use of thermal and electric efficiency and conservation measures;
2. Use of renewable energy sources for its operations;
3. Efforts to reduce and track carbon emissions;
4. Use of and encouragement of employee use of electric and zero emissions vehicles including providing workplace charging stations;
5. Offering employees an option for a fossil fuel divested retirement account;
6. Whether the supplies or services offered promote waste, energy and water efficiency; and
7. Other factors deemed relevant by the Secretary relating to environmentally responsible practices.
After consideration of all relevant factors, a bidder that adheres to the above best practices shall be given favorable consideration in the competitive bidding process. Favorable consideration shall be consistent with and not supersede any Secretary of Administration guidance that, all other considerations being equal, preference will be given to resident bidders of the State and/or products raised or manufactured in the State.
This Executive Order shall take effect upon signing.
Dated July 19, 2016
Executive Order No. 3-76 (No. 01-17) [Governor’s Strategic Goals]
WHEREAS, Vermont faces a significant challenge with its demographics: Vermont’s population is aging, and employers report challenges with recruiting and retaining a skilled workforce; and
WHEREAS, as the workforce grows smaller, the tax burden increases for those who choose to remain in Vermont; and
WHEREAS, State government has a duty to treat all Vermonters with dignity, respect all points of view, and honor the moral obligation we have to care for the vulnerable, including those struggling with substance addiction and abuse; and
WHEREAS, it is essential to restore the economic and fiscal fundamentals of the State of Vermont, strengthen the economy, and make Vermont more affordable for families and businesses.
NOW, THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby order and direct all State Agency Secretaries and Department Commissioners to utilize their powers, duties, and programs to establish the following cornerstones as their strategic and operational goals:
(1) Growing the Vermont economy;
(2) Making Vermont an affordable place to live, work, and do business; and
(3) Protecting vulnerable Vermonters.
This Executive Order shall take effect upon execution.
Dated January 5, 2017
Executive Order No. 3-77 (No. 02-17) [Governor’s Opiate Coordination Council]
Superseded and replaced by Executive Order No. 3-81 (codified as Executive Order No. 09-17), dated May 8, 2017.
Executive Order No. 3-78 (No. 03-17) [Governor’s Government Modernization and Efficiency Team]
WHEREAS, Vermonters deserve modern government functions and operations which provide efficient, effective agency, department, and programmatic services now and into the future; and
WHEREAS, a dedicated team of State operational professionals, and private sector business and technology leaders will enable the Governor and extended cabinet members to evaluate both public and private sector experience in successfully implementing modernization changes; and
WHEREAS, continuous improvement will require the empowerment of State supervisors, managers, and employees to contribute to improved program results and process efficiencies.
NOW, THEREFORE BE IT RESOLVED that I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby create the Governor’s Government Modernization and Efficiency Team (“GMET”), as follows:
I. Composition and Appointments.
The GMET shall consist of not more than 12 members to be appointed by the Governor from inside and outside of State government. The State members shall include the Governor’s Chief Performance Officer who shall serve as the Chair, the Governor’s Chief Innovation Officer, the Governor’s Director of Affordability and Economic Growth Initiatives, and a classified employee of the State. Non-State members shall include leaders in information technology, telecommunications, accounting and finance, and management and system change. The GMET may, in its discretion, establish inter-agency working groups to support its mission, drawing membership from any agency or department of State government. The GMET may also, in its discretion, consult with private sector professionals outside of the GMET for information and advice on best practices.
The GMET shall receive administrative and staff support from the Secretary of Administration.
II. GMET Charge an Process.
The GMET will be advisory to the Governor and the Secretary of Administration. The GMET shall meet at the call of the Chair, but not less frequently than quarterly. The focus of the GMET shall be to:
A. Facilitate State agency and department efficiency audits;
B. Strengthen strategic information technology (IT) planning;
C. Develop a digital government strategy focused on Vermonters; and
D. Identify and advise on opportunities to:
a. Increase operational efficiency;
b. Consolidate, streamline and automate services;
c. Account for the true costs of IT projects;
d. Eliminate waste;
e. Prevent fraud and abuse; and
f. Develop metrics to be used for purposes of outcomes-based-budgeting process.
The GMET will annually report all recommendations to the Governor on or before July 1.
The GMET will advise the Governor on the effectiveness of this Order on government modernization and efficiency.
III. Effective Date.
This Executive Order shall take effect upon execution.
Dated January 5, 2017
Executive Order No. 3-79 (No. 04-17) [Program to Improve Vermont Outcomes Together (PIVOT)]
WHEREAS, Vermonters deserve a modern government that provides efficient and effective services and programs that produce results now and into the future; and
WHEREAS, continuous improvement is both a culture to be adopted, as well as a toolbox that includes proven results and process improvement tools such as Lean and Results-Based Accountability; and
WHEREAS, continuous improvement should be driven by strategic outcomes (goals) contained in a living Strategic Plan; and
WHEREAS, said strategic outcomes should be monitored by using results-based indicators and programmatic performance measures to inform the level of success in achieving the strategic outcomes; and
WHEREAS, tools such as Lean should be used for process improvement by focusing on customer value-added activities, elimination of unnecessary steps and bottlenecks, and build capacity in programs and activities; and
WHEREAS, the Governor has created, by separate Executive Order, the Government Modernization and Efficiency Team, a dedicated team of State operational professionals and business and technology leaders to enable the Governor to benefit from both public and private sector experience in successfully implementing modernization changes.
NOW, THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of the State of Vermont, do hereby order and direct the following:
(a) Attend executive branch appointing authority Boot-Camp developed and directed by the Chief Performance Officer;
(b) No later than July 1, 2017, develop a multi-year State Strategic Plan, in consultation with the Governmental Modernization and Efficiency Team (GMET), with consideration for the existing outcomes in 3 V.S.A. § 2311;
(c) Assign Agency and Department staff to participate in an internal Continuous Improvement (“CI”) team;
(d) Assign a team lead for consideration as a participant in a statewide Continuous Improvement Steering Committee to be chaired by the Chief Performance Officer;
(e) Select and instruct CI team members to attend Lean White and Yellow Belt training, and Green belt training where deemed necessary;
(f) Instruct business managers and staff to attend Programmatic Budget training, and thereafter:
(1) All Agency Secretaries, Department Commissioners, and their deputies shall:
i) No later than July 1, 2017, in consultation with the Commissioner of Finance and Management, develop a list of programs, program areas and program groups, including associated FTEs, funding, and coding;
ii) Prioritize the program list in line with the Governor’s Strategic Goals of affordability, economic growth, and protecting vulnerable Vermonters;
iii) Prioritize, in consultation with the Commissioner of Finance and Management, programs to be designated for results-based improvement and/or process improvement;
iv) Assign the CI team lead to work with the Chief Performance Officer, or designee to develop an improvement events schedule;
v) Use results-based methods and tools, such as Lean tools to develop viable changes, improvements, and action plans to achieve results and efficiency improvement;
vi) Integrate identified efficiencies and changes into programs and operations, utilizing and redeploying adding capacity, and new efficiencies attained to avoid future costs;
vii) Develop a list of future improvements requiring statutory and/or rule changes, or additional costs, for consideration;
viii) Incorporate known efficiencies and capacity building into future programmatic budgets, aligning programmatic results with the programmatic investment, and strategic outcomes;
ix) Secretaries, Commissioners, and Deputies shall report to the Governor and the GMET on a quarterly basis on the programmatic results and process improvements;
x) Secretaries, Commissioners, and Deputies shall report to the Governor annually as directed by the GMET.
(a) Make improvements to programs and processes;
(b) Suggest innovative solutions; achieve better outcomes; and
(c) Provide support training, resources and tools necessary for a broad array of employees at all levels.
(2) A Continuous Improvement Steering Committee is established to provide guidance and technical assistance for the PIVOT; the Committee shall be chaired by the Chief Performance Officer and comprised of a representative number of agency and department CI team leads.
(3) All Agency Secretaries, Department Commissioners, and their deputies shall ensure classified State employees, middle management, and upper management have the requisite training and knowledge and are empowered to:
(4) All Agency Secretaries, Department Commissioners, and their deputies shall encourage participation of internal and external stakeholders to ensure that the State government is more responsive to Vermonters.
This Executive Order shall take effect upon execution.
Dated January 5, 2017
Executive Order No. 3-80 (No. 08-17) [Transfer of Property in Windsor from BGS to DFW]
WHEREAS, certain State-owned land commonly known as the Windsor Prison Farm located in the Town of Windsor, County of Windsor, herein “the ‘Property,’ ” is presently under the jurisdiction and control of the Agency of Administration, Department of Buildings and General Services (BGS); and
WHEREAS, BGS has no further use for the Property; and
WHEREAS, the Agency of Natural Resources, Department of Fish and Wildlife (DFW), desires the use of the Property for its purposes; and
WHEREAS, upon execution of the property transfer, DFW will be responsible for the maintenance costs, security, heating costs, electrical costs, snow removal, grounds maintenance, overall conditions. Payments in Lieu of Taxes, State historic preservation requirements and all other costs associated with the administration, ownership and management of the Property.
NOW, THEREFORE, I, Philip B. Scott, by virtue of the power vested in me as Governor of the State of Vermont, do hereby transfer and set over to DFW for its purposes, from the jurisdiction and control of BGS, the following land and premises, to wit:
Being collectively all the lands and premises conveyed to the State of Vermont by the following:
(1) quit claim deed of Joseph C. Parker et al. on December 22, 1894, which is recorded in the Windsor land records at Volume 30, Pages 403-404;
(2) warranty deed of Arthur W. Hunter and Julia E. Hunter on January 10, 1916, which is recorded in the Windsor land records at Volume 34, Page 83;
(3) warranty deed of William Dana on March 31, 1927, which is recorded in the Windsor land records at Volume 39, Page 46;
(4) quit claim deed of Lyman W. Cook on August 1, 1927, which is recorded in the Windsor land records at Volume 39, Page 280;
(5) warranty deed of Harvey F. Chase and Harriet Chase on September 30, 1927, which is recorded in the Windsor land records at Volume 39, Page 84;
(6) quit claim deed of William J. Herman et al. on November 25, 1927, which is recorded in the Windsor land records at Volume 39, Pages 521-523; and
(7) warranty deed of George B. Spence and Nellie S. Spence on November 6, 1935, which is recorded in the Windsor land records at Volume 47, Page 38.
Excepting from the above those lands and premises, comprising approximately 118.57 acres and including all buildings, appurtenances and improvements thereon, to be retained by BGS as designated in the attached survey plat entitled “State Prison Farm at Windsor” prepared by Robert W. Farnsworth and dated October 7, 2016.
This Executive Order supersedes and replaces Executive Order 08-15 (codified as 3-70). This Executive Order shall take effect upon execution.
Dated March 13, 2017
Executive Order No. 3-81 (No. 09-17) [Governor’s Opioid Coordination Council]
WHEREAS, opioid addiction and abuse in the State of Vermont negatively affect all people, of all ages, in all communities, at all income levels; and
WHEREAS, opioid addiction and abuse has caused and continues to cause an increase in drug trafficking and other criminal offenses throughout Vermont which erodes our way of life and endangers all Vermonters; and
WHEREAS, opioid addiction and abuse has caused an increasing number of overdose deaths in Vermont, particularly among young Vermonters; and
WHEREAS, the fight against opioid addiction and abuse continues to consume an increasing portion of scarce State resources; and
WHEREAS, because it is not feasible or effective to rely solely on state social service agencies or law enforcement to resolve the opioid crisis, all Vermonters must play an important role in helping to eradicate this scourge from our State; and
WHEREAS, to effectively meet this challenge, the State, municipalities, and all Vermonters must work together on a three-pronged approach to this crisis:
• the demand for opioids must be significantly reduced through education, the building of strong families and neighborhoods, and increased economic and job opportunities;
• those addicted to opioids must be afforded adequate and effective treatment and recovery opportunities; and
• the supply of opioids must be reduced through robust and coordinated federal, state, and local law enforcement targeting drug traffickers and through more effective means of preventing the diversion of prescription opioids; and
WHEREAS, the Governor recognizes the diversity of Vermont municipalities and the distinct differences of population, geography, and resources; and
WHEREAS, the successful fight against opioid addiction and abuse will rely on the strength of this local diversity to enable and empower local authorities to adapt recommended policies, programs, and best practices to the needs of the various communities; and
WHEREAS, the City of Rutland has seen a significant decrease in opioid-related crime after successfully implementing Project VISION, a locally-driven strategy to identify and eliminate neighborhood drug markets utilizing a creative, collaborative grass-roots effort involving individuals, families, local businesses, churches, law enforcement, community development organizations, and health care professionals; and
WHEREAS, in order to fully enable and empower local communities in their fight against opioid addiction and abuse and to build on the success of Project VISION, there is a need to ensure full coordination among State agencies, State municipalities, law enforcement, and treatment providers to strengthen Vermont’s overall response to the opioid crisis through effective opioid addiction prevention, treatment, recovery and enforcement action plans.
NOW, THEREFORE, BE IT RESOLVED that I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby create the Governor’s Opioid Coordination Council, as follows:
I. Composition and Appointments.
The Council shall consist of the following members who shall be geographically representative of the State to the extent possible:
A. The Commissioner of Public Safety, Secretary of the Agency of Health and Human Services, and a community leader to be appointed by and serve at the pleasure of the Governor, all of whom shall serve as Co-Chairs;
B. The Commissioner of the Department of Health or designee;
C. The Attorney General, or designee;
D. The United States Attorney, District of Vermont, or designee;
E. One representative of the Vermont Mayors Coalition;
F. One representative of a local non-profit housing organization to be appointed by the Governor;
G. One educator involved in substance abuse prevention appointed by the Governor;
H. One representative of State municipalities appointed by the Vermont League of Cities and Towns;
I. One substance abuse prevention and treatment professional, appointed by the Governor;
J. One representative of the Vermont Association of Mental Health, Addiction and Recovery;
K. One representative of a designated agency appointed by the Governor;
L. One representative of the Vermont Association of Hospitals and Health Systems;
M. One representative of the Vermont Sheriffs’ Association;
N. One representative of the Vermont Association of Chiefs of Police;
O. One representative of the United States Drug Enforcement Administration;
P. One first responder to be appointed by the Governor.
Q. The Chief Justice, or designee;
R. One representative of Vermont’s business community to be appointed by the Governor; and
S. One at-large member to be appointed by the Governor.
Members appointed by the Governor shall serve for two-year terms, beginning as of May 1, 2017.
II. Director of Drug Policy.
The Governor shall designate a Director of Drug Policy who shall act as the Executive Director of the Council and who will support, coordinate, and monitor the progress of the Council on a day-to-day basis.
III. Council Charge and Process.
The mission of the Council will be to lead and strengthen Vermont’s response to the opioid crisis by ensuring full interagency and intra-agency coordination between state and local governments in the areas of prevention, treatment, recovery and law enforcement activities. Where practicable, the Council will apply the strategies and lessons learned from VISION to other communities throughout Vermont. The Council shall initially meet at least monthly. The Council shall:
A. Identify best practices for communities to address opioid addiction and abuse in order to assist them in: (1) significantly reducing the demand for opioids through prevention and education; (2) providing treatment and recovery services to those afflicted with opioid addiction; and (3) significantly reducing the supply of illegal opioids;
B. Develop and adopt data driven performance measures and outcomes which will allow State and local community programs to determine whether they are meeting their goals and objectives in reducing opioid addiction and abuse;
C. Review existing State health, mental health, and drug and alcohol addiction laws, regulations, policies, and programs and propose changes to eliminate redundancy and break down barriers faced by communities in coordinating action with State government;
D. Propose legislation to strengthen a Statewide approach to fight opioid addiction and abuse and facilitate adaptation to the changing nature and multiple facets of the opioid crisis;
E. Consult and coordinate with federal agencies and officials as well as those in surrounding states;
F. Work in coordination with the Alcohol and Drug Abuse Council created pursuant to 18 V.S.A. 4803;
G. Report to the Governor on a quarterly basis and as otherwise required by the Governor regarding: (1) recommendations for resource, policy, and legislative or regulatory changes; and (2) progress made under State and local programs measured against established data driven performance measures; and
H. In consultation with the Director of Drug Policy, do all things necessary to carry out the purpose of this Executive Order.
The Council may designate subcommittees as necessary. The Council shall receive administrative support from the Governor’s Office and the Agency of Administration.
IV. Effective Date.
This Executive Order supersedes and replaces Executive Order 02-17 (codified as 3-77). This Executive Order shall take effect upon execution.
Dated May 8, 2017
Executive Order No. 3-82 (No. 15-17) [Governor’s Marijuana Advisory Commission]
WHEREAS, the States of Alaska, California, Colorado, Maine, Massachusetts, Nevada, Oregon and Washington and the District of Columbia have taken steps to legalize the recreational use of marijuana and/or establish systems for the licensing, regulation and taxation of the sale and distribution of marijuana; and
WHEREAS, Vermont must adopt a balanced approach to marijuana legalization which takes into consideration realities of current consumption levels, legalization in neighboring jurisdictions, and facts regarding local impacts, the risk of harm to our youth, impaired driving and the social consequences of drug use and addiction, particularly in the context of the State’s opioid crisis; and
WHEREAS, Vermont can pursue a regional approach with the northeastern states of Maine and Massachusetts, as well as Canada, to create universal highway safety and public health regulations to ensure health and safety as it relates to recreational marijuana usage; and
WHEREAS, Vermont governors have created various executive orders over the years which address complex issues facing children and youth, public safety, criminal justice, substance abuse and population health; and
WHEREAS, even if one accepts limited recreational use of marijuana as an individual choice, this choice cannot be permitted to adversely impact public health or safety, especially roadway safety and children’s health; and
WHEREAS, in order to assess the potential for a system which permits the recreational use of marijuana and/or regulates and taxes the sale and distribution of marijuana in a way which is not volume- or profit-driven or detrimental to the interests of a safe and healthy population, there is a need for a thoughtful and thorough consideration of public health, public safety and financial resource issues.
NOW THEREFORE, BE IT RESOLVED, that I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby create the Governor’s Marijuana Advisory Commission, as follows:
I. Composition and Appointments.
The Commission shall be advisory to the Governor and consist of the following thirteen members:
(1) two members appointed by the Committee on Committees;
(2) two members appointed by the Speaker of the House;
(3) two members appointed by the Governor, who shall be Co-Chairs;
(4) the Secretary of Agriculture, Food and Markets or designee;
(5) the Commissioner of the Department of Public Safety or designee
(6) the Commissioner of the Department of Health or designee;
(7) the Secretary of the Agency of Commerce and Community Development or designee;
(8) the Commissioner of the Department of Taxes or designee;
(9) the Attorney General or designee; and
(10) the Executive Director of the States’ Attorneys and Sheriffs, or designee.
The Commission shall have three subcommittees who shall meet at least monthly, consult with experts and stakeholder groups as needed, and report findings and recommendations to the Commission on a schedule set by the Co-Chairs. Members of the Commission and subcommittees shall be appointed by the Governor for three-year terms unless otherwise specified as follows:
(1) Roadway safety. One subcommittee shall be formed to examine and present findings on drugged driving and recommend appropriate measures to ensure roadway safety. Additionally, this subcommittee shall pursue a regional impairment threshold for the New England states, and parity in drugged driving roadway safety laws and penalties.
(i) Membership. This subcommittee shall be chaired by the Commissioner of the Department of Public Safety. Other members shall include the Secretary of the Agency of Transportation or designee, one member designated by the Criminal Justice Training Council, one member designated by the Vermont League of Cities and Towns, the Defender General or designee, the Director of the Vermont Forensic Laboratory or designee, one representative of the Judiciary appointed by the Chief Justice of the Vermont Supreme Court, and one emergency medical service provider.
(2) Education and prevention. One subcommittee shall be formed to examine and present findings on how best to measure and reduce impacts on public health; how to regulate edibles; how to regulate THC concentrations in marijuana and marijuana products; how to discourage consumption of, and restrict access to marijuana by minors; and how to effectively implement evidence-based education and prevention strategies for those under 21 years of age.
(i) Membership. This subcommittee shall be chaired by the Commissioner of the Department of Health. Other members shall include, the Secretary of the Agency of Education or designee, one member designated by the Vermont Chapter of the American Academy of Pediatrics, one educational leader designated jointly by the Vermont Superintendents Association and the Vermont Principals’ Association, one medical professional currently practicing medicine designated by the Vermont Medical Society, one member with expertise in matters affecting at-risk Vermont youth, one substance abuse counselor, and one member with expertise in marketing.
(3) Taxation and Regulation. One subcommittee shall be formed to examine and present findings regarding the sale and taxation of marijuana for recreational use, and assess structures for doing so which address areas such as banking, landlord and tenant relationships, local zoning, insurance, host liability, economic sustainability, and reduction of the illegal marijuana market. This subcommittee shall assist the Roadway Safety and Education and Prevention Subcommittees on identifying funding strategies and options for recommended resources and programming based on a taxed and regulated marijuana market and other sources.
(i) Membership. This subcommittee shall be chaired by the Commissioner of the Department of Tax. Other members shall include the Secretary of the Agency of Commerce and Community Development or designee, the Commissioner of the Department of Financial Regulation or designee, the Chair of the Liquor Control Board, one member designated by the Vermont Bankers Association, one member designated by the Association of Vermont Credit Unions, one member designated by the Vermont League of Cities and Towns, one representative of the business community, and one member with expertise in national tax and regulatory systems designated by the Vermont Coalition to Regulate Marijuana.
II. Meetings.
(1) The Governor shall call the first meeting of the Commission to occur on or before October 1, 2017. The subcommittees shall also convene their first meetings on or before October 1, 2017.
(2) A majority of membership of the Commission or each subcommittee, as the case may be, shall constitute a quorum.
III. Powers and Duties.
The Commission, upon consultation with its three subcommittees, shall proceed with its work in two phases:
(1) In order to establish a common baseline understanding of the most credible data regarding health endpoints of marijuana use and safety impacts of legalization, on or before November 15, 2017, the Subcommittees on Highway Safety and Education and Prevention shall assess high-quality primary research, including evidence-based Vermont data to the extent it is available, for the following groups of health and safety endpoints and report to the Commission:
(i) Injury and death: All-cause mortality, occupational injury, motor vehicle crash, overdose injury and death;
(ii) Prenatal, perinatal, and postnatal exposure to marijuana: Pregnancy complications for the mother, fetal growth and development, neonatal conditions, later outcomes for the infant;
(iii) Psychosocial: Cognition (learning, memory, attention, intelligence), academic achievement and educational outcomes, employment and income, social relationships and other social roles;
(iv) Mental health: Schizophrenia and other psychoses, bipolar disorders, depression; suicide, anxiety, posttraumatic stress disorder;
(v) Problem Marijuana use: Marijuana use disorder;
(vi) Marijuana use and abuse of other substances: Abuse of other substances; and
(vii) Crime rates: Crimes directly or indirectly shown to be related to marijuana use, production or storage in jurisdictions with marijuana legalization and decriminalization.
(2) On or before January 15, 2018, the Commission shall produce a report making recommendations to the Governor to date regarding:
(i) Need for the creation, implementation and funding of statewide evidence-based youth prevention programs;
(ii) Adequacy of and funding for substance abuse facilities;
(iii) Adequacy of and funding for broad-based messaging or public awareness campaigns to address the risk of harm posed by marijuana to Vermonters;
(iv) Adequacy of and funding for broad-based messaging or public awareness campaigns to address the dangers of driving while impaired due to marijuana, similar to those targeted to alcohol consumers;
(v) An appropriate impairment testing mechanism, including the possible merits of saliva-based testing standards;
(vi) Adequacy of and funding for drug recognition experts (DREs) and training;
(vii) Capacity for in-state testing and analysis of toxicology samples for DUIs related to drugs such as marijuana;
(viii) Feasibility of regional impairment standards;
(ix) Adequacy of and funding for resources that municipalities will need to support professional and volunteer fire, police, and emergency services resulting from access and use of recreational marijuana;
(x) Need for a performance benchmark or benchmarks to be assessed before the further decriminalization or legalization of recreational marijuana use or establishment of a tax and regulatory system, such as the percentage of Vermont youth who recognize and understand the risk of harm posed by marijuana, a statistically significant reversal and decline in the number of major crashes due to marijuana-impaired drivers, a statistically significant reversal and decline in the number of DUIs related to marijuana, and capacity at the Department of Public Safety to meet the need for DREs and in-house analysis and toxicology testing related to marijuana;
(xi) Miscellaneous issues, such as host liability and landlord liability in the context of marijuana availability in homes and public places, security of marijuana storage, impacts on the cost of automobile, workers compensation and homeowner insurance, local zoning and search and seizure considerations; and
(xii) Changes to Vermont law required to protect those under 21 years old and ensure highway safety.
(3) Pending development of comprehensive education, prevention and highway safety strategies, on or before December 15, 2018, the Commission will provide recommendations to the Governor on implementing and operating a comprehensive regulatory and revenue system for an adult marijuana market, and accompanying legislation if deemed necessary. At a minimum, the Commission shall:
(i) Summarize its findings to date;
(ii) Recommend a business plan for a comprehensive regulatory and revenue system which completely self-funds the regulatory infrastructure at both the State and local level, including:
a. An appropriate tax rate;
b. Required equipment and/or staffing resources required to address impaired driving due to marijuana or marijuana and alcohol at both the State and local level;
c. The additional costs of substance abuse and treatment; and
d. The additional costs of public awareness campaigns and statewide evidence-based youth education and prevention programs to control access by minors.
(iii) Recommend licensure costs and requirements;
(iv) Estimate revenue needed to initially fund a comprehensive net-revenue generating regulatory and revenue system from public and private investment, licensing and operating fees, and grant sources;
(v) Determine a set impairment threshold for operating a motor vehicle on State roads and highways, identify an appropriate impairment testing mechanism, and/or recommend increased DREs and training;
(vi) Recommend a plan for continued monitoring and reporting on impacts to public health, with specific reference to the health endpoints listed in Section III(1) above;
(vii) Make recommendations regarding:
a. Workplace safety and if it is appropriate to reform workplace drug testing laws;
b. Impacts on the economy as a result of third party liability such as restrictions on banking due to Federal laws;
c. Appropriate measures to address pesticide use, quality control, and labeling for marijuana products;
d. If there is a business model that will grow the rural economy by giving existing Vermont farmers licensing and regulatory preference for commercial operations; and
(e) Other miscellaneous matters as determined necessary and appropriate by the Commission.
The Commission will provide ongoing reporting to the Governor on April 1, 2018, July 1, 2018, and October 1, 2018 regarding progress on the foregoing.
IV. Assistance.
The Commission shall have the administrative, technical, and legal assistance of the Office of the Governor and the Secretary of Administration. Each subcommittee shall have the technical, legal, and administrative support of the Agency or Department of each respective subcommittee Chair.
V. Expense Reimbursement.
I hereby authorize per diem compensation and reasonable and necessary expense reimbursement for travel and food for members who are not full-time State employees pursuant to 32 V.S.A. § 1010(e).
VI. Effective Date.
This Executive Order shall take effect upon execution.
Dated September 7, 2017
Executive Order No. 3-83 (No. 18-17) [Governor’s Cybersecurity Advisory Team]
WHEREAS, increasingly sophisticated cyber attacks aimed at breaching and damaging essential computer networks, infrastructure, and operations in Vermont represent major security risks and increase the State’s vulnerability to adverse economic impacts, life-threatening institutional disruption, critical infrastructure damage, privacy violations and identify theft; and
WHEREAS, the advancing complexity and incidence of these cyber attacks demands heightened levels of coordination, information sharing, preparation and emergency response capabilities among State government and federal agencies, local governments, tribal governments, utilities, private companies, academic institutions, and other entities in order to protect computer networks and critical infrastructure systems from damage or unauthorized access; and
WHEREAS, Vermont State government agencies protect the State’s computer networks and investigate criminal attacks on State computer networks and critical infrastructure systems under current State law.
NOW THEREFORE, BE IT RESOLVED, that I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby create the Governor’s Cybersecurity Advisory Team, as follows:
I. Composition and Appointments.
The Cybersecurity Advisory Team shall consist of not more than 10 members to be appointed by the Governor from inside and outside of State government. The State members shall include the State’s Chief Information Security Officer, the State Chief Information Officer, the Governor’s Homeland Security Advisor or designee, a representative from the Vermont National Guard, the Attorney General or designee, and a representative from Vermont Emergency Management. Non-State members may include leaders from the utilities sector, higher education, health care and business. The Cybersecurity Advisory Team may, in its discretion, establish inter-agency working groups to support its mission, drawing membership from any agency or department of State government. The Cybersecurity Advisory Team may also, in its discretion, consult with private sector professionals and those from other states, the federal government and municipalities for information and advice on issues related to the Team’s charge as set forth herein.
The Cybersecurity Advisory Team shall receive administrative and staff support from the Secretary of Digital Services and legal support from the Governor’s Counsel and the Department of Public Safety.
II. Cybersecurity Advisory Team Charge and Process.
The Cybersecurity Advisory Team will be advisory to the Governor on the State’s Cybersecurity posture. The Cybersecurity Advisory Team shall meet at the call of the Chair, but not less frequently than quarterly, beginning October 15, 2017. The focus of the Cybersecurity Advisory Team shall be to:
A. Develop a strategic plan for protecting State of Vermont public sector and private sector information and systems;
B. Formally evaluate statewide Cybersecurity readiness and develop best practices for policies and procedures to strengthen administrative, technical and physical Cybersecurity safeguards as a resource for State government, Vermont businesses and the public;
C. Build strong relationships and lines of communications among the State government, federal government, and the private sector designed to ensure resilience of electronic information systems;
D. Build strong partnerships with local universities and colleges in order to leverage Cybersecurity resources; and
E. Identify and advise on opportunities to:
1. Ensure Vermont promotes, attracts and retains a highly-skilled Cybersecurity workforce;
2. Raise citizen awareness through outreach and public service announcements;
3. Provide technical capabilities, training, and advice to local government and the private sector;
4. Provide expertise to the State Legislature regarding statutory language that could further protect critical assets, infrastructure, services and personally identifiable information;
5. Advise on strategic, operational and budgetary impacts to the State; and
6. Engage State and federal partners in assessing and managing risk.
III. Effective Date.
This Executive Order shall take effect upon execution.
Dated October 10, 2017
Executive Order No. 3-84 (No. 19-17) [Executive Code of Ethics]
Superseded and replaced by Executive Order No. 04-22 (codified as Executive Order No. 3-96), dated September 29, 2022.
Executive Order No. 3-85 (No. 06-17) [Creation of the Agency of Digital Services]
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 to improve the coordination and effectiveness of services to the public; and
WHEREAS, the Department of Information and Innovation and various State agencies purchase information technology (IT) products and services, administer IT programs and provide IT services; and
WHEREAS, the existing structure of centralized IT and decentralized IT operating in parallel has made it difficult to (i) share data; (ii) capture comprehensive IT usage metrics, including spending; (iii) develop a comprehensive strategy for funding, procurement and use of IT; (iv) ensure results based accountability; and (v) collaborate on statewide best practices; and
WHEREAS, many states have restructured information technology governance in order to increase efficiency, broaden transparency and enable more strategic use of IT; and
WHEREAS, restructuring IT governance presents an opportunity to better align business functions and IT through:
(1) Improved coordination of technology procurements;
(2) Improved project management practices and standards;
(3) Improved communication among State agency and department technology resources;
(4) Improved IT governance;
(5) Utilization of technology skills and resources across departments for the benefit of all agencies and departments;
(6) A comprehensive understanding of IT spending;
(7) Support of results based accountability;
(8) Realignment of IT resources with State priorities; and
WHEREAS, this restructuring offers benefits to State employees through greater opportunities for professional development within State government; and
WHEREAS, the State could improve and more efficiently deliver services to the public through the creation of the Agency of Digital Services.
NOW, THEREFORE, by virtue of the authority vested in me by 3 V.S.A. Chapter 41 as Governor, I, Philip B. Scott, do hereby create an Agency of Digital Services. The Agency of Digital Services shall be the successor to, and the continuation of, the Department of Information and Innovation.
1. All duties, obligations, responsibilities and authority, including all contracts, grant agreements, service level agreements and MOUs of the Department of Information and Innovation are hereby transferred to the Agency of Digital Services and shall continue in force and effect without any interruption in their functions.
2. All financial assets and liabilities of the Department of Information and Innovation are hereby transferred to the Agency of Digital Services and shall be accounted for in the Internal Services Fund, known as the Communications and Information Technology Fund.
3. The position of the Commissioner of the Department of Information and Innovation is abolished and all the duties, responsibilities and authority of the Commissioner are hereby transferred to the Secretary and Chief Information Officer of the Agency of Digital Services.
4. All other authorized positions and equipment of the Department of Information and Innovation are transferred to the Agency of Digital Services.
5. Effective April 17, 2017, the Agency of Digital Services shall be headed by the Secretary and Chief Information Officer (together, the “CIO”) appointed by the Governor with the advice and consent of the Senate.
6. Effective April 17, 2017, the CIO of the Agency of Digital Services may appoint a Chief Financial Officer who shall be exempt from the classified service.
7. Effective April 17, 2017, the Agency of Digital Services shall consist of five divisions: (A) the Security Division which shall be headed by the Chief Information Security Officer appointed by the CIO of the Agency of Digital Services, with the approval of the Governor; (B) the Enterprise Architecture Division which shall be headed by the Chief Technology Officer appointed by the CIO of the Agency of Digital Services, with the approval of the Governor; (C) the Data Management Division which shall be headed by the Chief Data Officer appointed by the CIO of the Agency of Digital Services, with the approval of the Governor; (D) the Division of Enterprise Project Management; and (E) the Division of Shared Services. The Division of Enterprise Project Management and the Division of Shared Services shall each be headed by a Director appointed by the CIO of the Agency of Digital Services, with the approval of the Governor. The Chief Information Security Officer, the Chief Technology Officer, the Chief Data Officer and the Directors shall be exempt from the classified service.
8. Effective April 17, 2017, all existing department and agency technology leaders, including, but not limited to, chief information officers and directors of information technology (“technology leaders”), and their professional IT personnel in the Executive Branch agencies and departments, shall report directly to the CIO of the Agency of Digital Services.
9. The Commissioner of the Department of Human Resources and the CIO of the Agency of Digital Services, in consultation with agency and department heads, shall identify technology leaders. The Commissioner of the Department of Human Resources and the CIO of the Agency of Digital Services shall define the position duties and identify and determine appropriate classifications for all State personnel who perform information security activities, as that term is defined in 3 V.S.A. § 2222(9) and information technology activities, as that term is defined in 3 V.S.A. 2222(10). All technology leaders shall be exempt from the classified service.
10. Beginning April 17, 2017, on an agency-by-agency and department-by-department basis, all positions and incumbents identified by the Commissioner of Human Resources and the CIO of the Agency of Digital Services as set forth above, shall transfer to the Agency of Digital Services. Technology leaders and professional IT personnel shall remain in their current physical locations.
11. Beginning April 17, 2017, on an agency-by-agency and department-by-department basis, all appropriations associated with the positions transferred pursuant to paragraph 10 above, shall transfer from the affected agencies and departments to the Agency of Digital Services.
12. Beginning April 17, 2017, on an agency-by-agency and department-by-department basis, all the functions, equipment, supplies and inventory associated with the positions transferred pursuant to paragraph 10 above, shall transfer from the affected agencies and departments to the Agency of Digital Services. All agency and department contracts for goods and services shall remain with the respective agencies and departments.
13. The CIO of the Agency of Digital Services shall further study the effectiveness, priority and delivery of IT services and shall report to the Governor any additional recommendation for restructuring and/or statutory changes by November 17, 2017.
This Executive Order shall be submitted to the General Assembly pursuant to 3 V.S.A. § 2002 and shall take effect on April 17, 2017, unless disapproved by the General Assembly pursuant to 3 V.S.A. § 2002(b).
Dated January 15, 2017.
Executive Order No. 3-86 (No. 02-18) [Internet Neutrality in State Procurement]
WHEREAS, Vermonters rely on open and unrestricted access to the value and economic opportunity the Internet offers; and
WHEREAS, Vermont’s educational institutions require a free and open Internet to educate students, promote social and intellectual growth, and to prepare them to succeed in the global economy; and
WHEREAS, Vermont’s school students rely on a free and open Internet to take full advantage of the vast amount of information, services, and communications opportunities available through online sources, and to develop into well-rounded citizens engaged in the world beyond their geographic limits; and
WHEREAS, Vermont State employees use the Internet every day to serve citizens and conduct the business of the State; and
WHEREAS, throttling or paid prioritization of Internet services could adversely impact these institutions and the economic and social advancement of, and work for Vermonters; and
WHEREAS, many important and often critical government services are offered online to facilitate easy and efficient access by Vermonters, and throttling or paid prioritization of Internet services could limit Vermonters’ ready access to these services and inhibit citizens, particularly those in need, from accessing important government services; and
WHEREAS, the Federal Communications Commission (FCC) recently issued its order, “Restoring Internet Freedom” which eliminated net neutrality principles; and
WHEREAS, this Administration bears the ongoing responsibility of ensuring the efficient procurement of goods and services for State entities, and the principles of net neutrality are inherently tied to the provision of reliable, high-quality broadband Internet service for the State.
NOW, THEREFORE, BE IT RESOLVED THAT I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby issue the following directive to all State Agencies, as follows:
I. All State Agency contracts with Internet service providers shall include net neutrality protections, and specifically state that Internet service providers shall not:
A. Block lawful content, applications, services, or nonharmful devices, subject to reasonable network management that is disclosed to its customers;
B. Throttle, impair or degrade lawful Internet traffic on the basis of Internet content, application, or service, or use of a nonharmful device, subject to reasonable network management that is disclosed to its customers;
C. Engage in paid prioritization or providing preferential treatment of some Internet traffic to any Internet customer;
D. Unreasonably interfere with or unreasonably disadvantage either:
i. A customer’s ability to select, access, and use broadband Internet access service or the lawful Internet content, applications, services, or devices of their choice; or
ii. An edge providers’ ability to make lawful content, applications, services, or devices available to a customer;
“State Agency” as used in this Executive Order shall include all State agencies, departments, commissions, committees, authorities, divisions, boards or other administrative units of the Executive Branch, including elected offices as well as those having express statutory authority to enter into contracts (Agencies).
II. As soon as practicable, but in no event later than April 1, 2018, the Agency of Administration shall amend the State’s Procurement and Contracting Procedures as necessary and appropriate to comply with this directive.
III. Waivers to these Procedures may be granted by the Secretary only upon receipt of a written justification from a State Agency and a finding by the Secretary a waiver would serve a legitimate and significant interest of the State. The Department of Public Service shall resolve any dispute over the definition of terminology used in this Executive Order.
IV. Each State Agency that procures telecommunications services shall cooperate with the Agency of Administration and the Department of Buildings and General Services in implementing this Executive Order. State Agencies must receive approval from the Agency of Digital Services and the Secretary of Administration before procuring Internet services, including cellular data and/or wireless broadband Internet services.
V. The Department of Public Service, in consultation with the Secretary of ADS, shall evaluate and advise the Governor on potential actions to promote net neutrality in order to protect Vermonters’ access to a free and open internet. This may include requiring Internet service providers to provide notice to their customers regarding network and transport management practices and performance and commercial terms of their broadband Internet access services sufficient for (A) consumers to make informed choices regarding use of such services and for content, application, service, and (B) device providers to develop, market, and maintain Internet offerings.
VI. Nothing in this Order shall be construed to supersede any federal law.
VII. This Executive Order shall take effect upon signing.
Dated February 15 2018.
Executive Order No. 3-87 (No. 04-18) [Racial, Ethnic and Cultural Disparity Mitigation]
WHEREAS, Vermont and Vermonters have a rich history of celebrating freedom and diversity, including the abolition of slavery in 1777; activism in the abolitionist movement; recognition of same sex marriage; state recognition of Abenaki people; and protection of undocumented immigrants from potentially overreaching federal enforcement by recent legislative action; and
WHEREAS, Vermont’s tradition of leadership in freedom and diversity is still a vibrant thread in the fabric of our State; and
WHEREAS, our national dialogue on many critically important issues has been reduced to angry, hateful social media posts, and the space for meaningful conversation and respectful disagreement has been diminished and appears to be shrinking; and
WHEREAS, Vermont must continue its rich tradition and commitment to civility and respect for others and to celebrating and honoring our differences; and
WHEREAS, Vermont seeks to achieve equality and equity and to create a culture in which racial, ethnic and other cultural disparities are openly acknowledged and addressed, and where no one person is more likely to experience society’s benefits or burdens than any other person; and
WHEREAS, the State of Vermont is committed to equal employment opportunity, fostering a culture of inclusion, devoting sufficient resources to reduce racial, ethnic and other cultural disparities across all systems of State government and implementing an improved talent acquisition process to attract and hire a high performing, diverse workforce; and
WHEREAS, the State of Vermont is committed to identifying racial, ethnic and other cultural disparities throughout State government systems and functions, and to eliminating them, as one of the state’s largest employers and as a provider of a variety of essential services to the public at large; and
WHEREAS, the State of Vermont has demonstrated leadership and has achieved notable and laudable success in addressing racial and other disparities by engaging with community partners and through the work of Executive Branch agencies, departments, commissions and councils, for example, the Department of Public Safety through its Fair and Impartial Policing Initiative; the Agency of Transportation through its Office of Civil Rights, the Agency of Education through partnerships with professional associations in anti-bias efforts, and the Governor’s Workforce Equity and Diversity Council (GWEDC) in increasing minority representation in the state government workforce; and
WHEREAS, these achievements must serve as a model for all agencies and departments of State government upon which to build and promote racial, ethnic and cultural equity in State employment and in the provision of essential governmental services to all Vermonters.
NOW, THEREFORE, BE IT RESOLVED THAT I, Philip B. Scott, by the authority vested in me as Governor of the State of Vermont, do hereby issue the following directive to the Executive Branch to promote racial, ethnic and other cultural equity, equality and equal opportunity in Vermont.
I. Establishment of Panel and Officer.
A. There shall be created and established within the Executive Branch a Chief Racial Equity and Diversity Officer (“Officer”) and a Racial, Ethnic and Cultural Equity Advisory Panel (“Panel”) to identify and work to eradicate systemic racism and racial, ethnic and other cultural disparities within State government.
B. The Officer shall be appointed by the Governor from a list of qualified applicants to be nominated for the position by the Panel, after a recruitment process during which the Commissioner of the Department of Human Resources, in consultation with the Panel, will establish qualifications and advertise the position for recruitment. The Secretary of Administration is hereby directed to review the existing pool of vacant opportunities for exempt employees to create and fund this position.
C. The Officer shall be a full-time exempt employee within the Agency of Administration, shall report to the Secretary of Administration and shall work with all Executive Branch agencies and departments to implement a program of continuing coordination and improvement of activities in State government to combat systemic racial, ethnic and other cultural disparities, and to measure progress toward more fair and impartial governance. The Officer shall:
1. Conduct and oversee a comprehensive organizational review to identify overt and implicit bias, systemic racism and racial, ethnic and other cultural disparities in the Executive Branch and to identify and inventory systems in place that engender such disparities;
2. Manage and oversee the collection of race-based data across the Executive Branch to determine the nature and scope of racial discrimination within all Executive Branch State government systems;
3. Develop a model fairness and diversity policy, and review and make recommendations regarding the fairness and diversity policies held by all Executive Branch State government agencies and departments;
4. Collaborate with Executive Branch agencies, departments, boards, and commissions to gather relevant existing data and records necessary to carry out the purposes of this Executive Order, and to develop best practices for remediating systemic racial, ethnic and other cultural disparities throughout the Executive Branch of State government;
5. Work with Executive Branch agencies and departments, and with the Chief Performance Officer, to develop performance targets and performance measures to evaluate results in improving systems. These performance measures shall be included in each agency’s or department’s quarterly reports to the Officer, and the Officer shall include the performance targets and performance measures of each Executive Branch agency and department in an annual report to the Governor;
6. In consultation and coordination with the Department of Human Resources and agencies and departments, develop and conduct training programs for agencies and departments regarding the nature and scope of systemic racism, implicit bias and the institutionalized nature thereof;
7. Periodically report to the Panel on the progress towards carrying out the duties established in this Executive Order; and
8. Evaluate existing State Executive Orders which are designed to address equity and diversity issues and recommend, for the Governor’s consideration, updates, modifications or sunset provisions.
D. The Officer shall be the designated Executive Branch liaison to the Vermont Human Rights Commission and shall be available to the Judicial and Legislative branches of State government to assist, as requested by those co-equal branches, with respect to all issues pertaining to systemic racial, ethnic and other cultural disparities.
E. The Officer shall serve in an advisory role to the State Equal Employment Opportunity Officer and the GWEDC.
F. Upon request, the Officer shall be made available to report to legislative committees on the process for developing a comprehensive organizational review for the identification of overt and implicit bias, systemic racism and racial, ethnic and other cultural disparities in the Executive Branch, as set forth in Section I(C)(1) above.
G. The Panel shall consist of five members appointed by the Governor in consultation Panel with the Chair of the Human Rights Commission, the Speaker of the House, the President of the Senate, the Chief Justice of the Supreme Court and the Secretary of Administration.
Panel Members shall be drawn from diverse backgrounds to represent the interests of ethnic and diverse communities throughout the State, shall have the skills and experience necessary to effectively and efficiently provide advice regarding the work of the Officer described in Section I (C) of this Executive Order and, to the extent possible, represent geographically diverse areas of the State.
The term of each member shall be three years, except that the initial appointments shall be one one-year term, two two-year terms and two three-year terms. As terms of currently serving members expire, appointments of successors shall be in accord with the provisions of this subsection. The members of the Panel shall elect a Chair.
H. The Panel’s initial responsibilities and duties shall be to assist and advise the Commissioner of the Department of Human Resources to develop a comprehensive job description for the Chief Racial Equity and Diversity Officer position. Thereafter, the Panel shall participate in the recruitment process by reviewing and interviewing applicants and nominating all well qualified candidates for consideration for appointment by the Governor.
I. Thereafter, the Panel shall meet as needed and at least semi-annually and be advisory to the Governor with respect to issues of systemic racial, ethnic and cultural disparities to ensure continuous progress toward the elimination of such disparities.
J. Each member of the Panel shall be entitled to per diem compensation and reimbursement of expenses pursuant to 32 V.S.A. § 1010.
II. Training.
All full-time Executive Branch gubernatorial appointees shall attend annual State-sponsored training on issues related to racial equity and diversity.
III. Recruitment.
The State will recruit, retain, and develop a highly qualified and diverse workforce and membership on State Boards and Commissions. Recruitment procedures shall be in place to attract a diverse pool of applicants to all occupational categories. All personnel involved in the recruiting, screening, and selection processes shall be properly trained to ensure the elimination and absence of bias in all recruitment activities.
IV. Effective Date.
This Executive Order shall take effect upon signing and shall continue in full force and effect until further order by the Governor or June 30, 2024, whichever is earlier.
Dated May 30, 2018.
Executive Order No. 3-88 (No. 03-19) [Justice Reinvestment II Working Group]
WHEREAS, Vermont has a history of implementing innovative and effective policy interventions and evidence-based practices and programs to improve public safety and public health outcomes; and
WHEREAS, between 2007 and 2008, the Council of State Governments Justice Center (CSG), worked with Vermont state leaders to analyze Vermont’s criminal justice data, interview stakeholders across the criminal justice system, and develop data-driven policy options designed to reduce corrections spending and increase public safety which resulted in 2008 justice reinvestment legislation which improved screening and assessment for behavioral health treatment needs, increased access to community-based substance use treatment programs, focused supervision resources on individuals most likely to reoffend and expanded transitional housing opportunities and job training programs (“Justice Reinvestment I); and
WHEREAS, Justice Reinvestment I successfully reversed upward pressure on the prison population which, in 2007 was projected to increase 23% by 2018, so that it actually fell 7% between Fiscal Year 2007 and Fiscal Year 2015; and
WHEREAS, resources in our criminal justice system must continue to be deployed to combat crimes in our communities, but we must also thoughtfully evaluate whether we are effectively investing in strategies that break the cycle of crime and incarceration; and
WHEREAS, to better identify, analyze, and address challenges in Vermont-particularly those that lie at the intersection of the opioid crisis and criminal justice-Vermont state leaders have elected to form a working group and seek support from the U.S. Department of Justice’s Bureau of Justice Assistance and The Pew Charitable Trusts to gather data, evaluate processes and programs, and make recommendations on policies designed to most efficiently allocate resources while keeping the public safe, thus freeing up funds for reinvestment in strategies that improve public safety and public welfare; and
WHEREAS, this working group will bring state leaders, agencies and interested parties from across our criminal justice and behavioral health systems together to use data and best practices to inform policy changes and improvements.
NOW THEREFORE, BE IT RESOLVED, that I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby create the Justice Reinvestment II Working Group, as follows:
I. Composition and Appointments
The Justice Reinvestment II Working Group shall consist of two members of the administration appointed by the Governor, the Defender General, or designee, the Attorney General, or designee, the Executive Director of States Attorneys and Sheriffs, or designee, the Executive Director of Racial Equity, the Commissioner of the Department of Public Safety or designee, the Commissioner of the Department of Corrections or designee, the Commissioner of the Department of Mental Health or designee, the Commissioner of the Department of Health, or a designee with expertise in the public health effects of the opioid crisis in Vermont, a representative from the ACLU of Vermont and a representative from the Vermont Network Against Domestic and Sexual Violence. Further, the Governor shall invite the Speaker of the House to appoint two members of the House and the Senate Committee on Committees to appoint two members from the Senate.
The Governor shall invite the Chief Justice to serve as Chair of the Commission and appoint one other member of the Judiciary.
II. Justice Reinvestment II Working Group Charge and Process
The Justice Reinvestment II Working Group will assess the population trends and programming in the State’s corrections system and consider criminal justice reform strategies as part of the Justice Reinvestment II initiative with the overarching goals of promoting safer, healthier communities and reducing costs.
The Justice Reinvestment II Working Group will work with the CSG to conduct a review of programming, transitional services and population trends in Vermont’s correctional facilities. The review may include an evaluation of the women’s corrections population in Vermont and the programming and services to meet their needs, the detention population and barriers that exist to reducing the corrections population.
The CSG review shall include direct engagement and learning from interested parties statewide, including, but not limited to Vermonters for Criminal Justice Reform, Vermont Crime Victim Services, Vermont branches of the NAACP, Migrant Justice and the Pride Center of Vermont.
All departments, offices, boards and agencies of the State shall provide assistance and cooperation to the Working Group and the CSG which may be necessary to fulfill the purposes of this Executive Order.
On or before December 1, 2019, the Justice Reinvestment II Working Group report on the data collected, options developed and analyzed and recommendations for policy changes.
III. Expense Reimbursement
I hereby authorize per diem compensation and reasonable and necessary expense reimbursement for travel and food for members who are not full-time State employees pursuant to 32 V.S.A. §1010(e).
IV. Effective Date
This Executive Order shall take effect upon execution.
Dated July 9, 2019.
Executive Order No. 3-89 (No. 09-19) [Vermont 2020 Complete Count Committee]
WHEREAS, Article I, Section 2 of the United States Constitution requires the federal government to undertake a census every 10 years; and
WHEREAS, pursuant to Section 141 of Title 13 of the United States Code, the next federal census will be on April 1, 2020; and
WHEREAS, having a complete and accurate count of Vermont’s population is essential for the fair representation of the citizenry in the U.S. Congress, the State of Vermont legislature and the legislative bodies of local government; and
WHEREAS, the results of the census are the foundation for many important decisions made by federal and state government, including the disbursement of billions of dollars of federal funds to states based on population; and
WHEREAS, the U.S. Census Bureau identifies particular groups of residents as “hard-to-count” populations that have traditionally been undercounted in the decennial census process, including but not limited to:
• young children;
• highly mobile persons;
• racial and ethnic minorities;
• non-English speakers;
• low income persons;
• persons experiencing homelessness;
• undocumented immigrants;
• persons who distrust the government;
• LGBTQ persons;
• persons with mental or physical disabilities;
• persons who do not live in traditional housing; and
WHEREAS, it is critically important that census outreach and education efforts focus on reaching these hard-to-count populations to ensure the results of the 2020 Census are as accurate as possible; and
WHEREAS, it will take the collaboration of community leaders, non-profit organizations, local government, legislative leaders and the Governor of the State of Vermont to raise public awareness of the importance of the 2020 Census and to find ways to support census data-collection efforts; and
WHEREAS, the U.S. Census Bureau recommends each state create a State Complete Count Committee with the goals of heightening awareness about the 2020 Census and encouraging residents to participate.
NOW THEREFORE, BE IT RESOLVED, that I, Philip B. Scott, by virtue of the authority vested in me as Governor of the State of Vermont, do hereby order and direct the creation of the “Vermont 2020 Complete Count Committee” which shall be constituted as set forth below:
I. Composition and Appointments.
The Vermont 2020 Complete Count Committee shall consist of not more than 30 members to be appointed by the Governor. Governmental members shall include:
1. Secretary of the Agency of Administration, or designee;
2. Secretary of the Agency of Commerce and Community Development, or designee;
3. Secretary of the Agency of Digital Services or designee;
4. Secretary of the Agency of Education, or designee;
5. Secretary of the Agency of Agriculture, Food and Markets, or designee;
6. Secretary of the Agency of Human Services, or designee;
7. Commissioner of the Department for Children and Families, or designee;
8. Commissioner of the Department of Health, or designee;
9. Commissioner of the Department of Labor, or designee;
10. Vermont State Data Center Coordinator;
11. Vermont Secretary of State, or designee;
12. With the consent of the Vermont Senate, no more than two members to be appointed by the Committee on Committees;
13. With the consent of the Vermont House of Representatives, no more than two members to be appointed by the Speaker of the House; and
The remaining appointments to the Committee shall be broadly representative of the following sectors:
1. Municipal government, including at least one community with low interest access;
2. Community Action Agencies;
3. Minority, immigrant and refugee communities;
4. Homeless shelter providers;
5. Youth-focused or child advocacy organizations;
6. Education;
7. Senior citizens;
8. The LGBTQ community;
9. Charitable foundations, community foundations, or faith-based organizations;
10. The health care community;
11. Local business and economic development; and
12. Media/public relations.
In making appointments, the Governor shall make efforts to ensure diverse geographic, cultural, ethnic and gender representation on the Committee.
II. Charge.
The Committee shall identify barriers that may impede the full participation of Vermonters in the 2020 Census and shall develop, recommend and assist in the administration of an outreach action plan designed to overcome these barriers and to ensure as complete a count as possible of Vermont’s population in the 2020 Census.
The census outreach strategy shall include, but not be limited to, state agency initiatives to encourage participation in the 2020 Census, the establishment and support of school-based outreach programs, partnerships with non-profit community-based organizations, and a multi-lingual, multi-media campaign designed to ensure an accurate and complete count of Vermont’s population.
The Committee shall collaborate and coordinate with the United States Bureau of the Census and any other groups in the State needed to carry out Vermont’s outreach strategy.
The Committee shall endeavor to provide resources and referrals to people in the “hard-to-count” groups, such as housing placement opportunities for persons experiencing homelessness and access to legal resources for undocumented immigrants.
The first meeting of the Committee shall occur no later than the first week of December 2019.
III. Process.
The Chair of the Committee shall be appointed by the Governor.
The Committee shall meet at the call of its Chair.
The Agency of Commerce and Community Development shall provide administrative support to the Committee.
To assist in carrying out its duties, the Committee may create and appoint subcommittees as it deems appropriate and shall solicit participation from relevant experts and practitioners involved in census issues.
Members of the Committee shall serve terms that expire December 31, 2020. Vacancies in the committee shall be filled in like manner as the original appointment. All departments and agencies of the state government shall furnish such advice and information, documentary and otherwise, to the Committee and its agents deemed necessary or desirable by the Committee to facilitate the purposes of this Executive Order.
IV. Expense Reimbursement.
I hereby authorize per diem compensation and reasonable and necessary expense reimbursement for members who are not full-time State employees pursuant to 32 V.S.A. § 1010(e).
V. Effective Date. This Executive Order shall take effect upon execution and shall expire on December 31, 2020.
Dated November 14, 2019
Executive Order No. 3-90 [Intentionally left blank. Property transfers found in Chapter 29.]
Executive Order No. 3-91 (No. 02-20) [Racial Equity Task Force]
AMENDED AND RESTATED EXECUTIVE ORDER NO. 02-20
WHEREAS, with the promulgation of Executive Order No. 04-18, codified as Executive Order No. 3-87, Governor Philip B. Scott clearly articulated a goal of having a more diverse and welcoming state; and
WHEREAS, Vermont must create a culture in which racial, ethnic and other cultural disparities are openly acknowledged and addressed; and
WHEREAS, the State of Vermont has demonstrated leadership in this regard through the creation of a Racial Equity Advisory Panel and the hiring of the Executive Director of Racial Equity; and
WHEREAS, the State must and will continue to address the challenges of achieving racial, ethnic and cultural equity across the State; and
WHEREAS, the COVID-19 pandemic has highlighted racial inequities across the United States, including in Vermont. COVID-19 and other emergencies demonstrate that disparities in times of crisis are reflective of disparities in times of prosperity, and that we must actively work to reduce structural inequities to ensure that no community is more vulnerable than another based on immutable factors such as race or ethnicity; and
WHEREAS, we must bring state leaders, agencies and interested parties together from across Vermont to examine existing law on hate crimes, evaluate systems of support and look to increase civic participation among racially diverse populations.
NOW THEREFORE, BE IT RESOLVED, that I, Philip B. Scott, by virtue of the authority vested in me as Governor of the State of Vermont, do hereby create the Governor’s Racial Equity Task Force, as follows:
I. Composition and Appointments.
The Governor’s Racial Equity Task Force may consist of up to ten members or approved alternates, including:
1. the Executive Director of Racial Equity who shall be Chair;
2. one member representing the Governor’s Office, appointed by the Governor;
3. one member of the public, appointed by the Governor from among three individuals recommended by the Task Force;
4. one member from the law enforcement community, appointed by the Governor;
5. one member representing the Vermont chapters of the NAACP, appointed by the Governor;
6. one member from the Vermont Commission on Native American Affairs, appointed by the Governor;
7. one member representing the Vermont ACLU, appointed by the Governor; and
8. the Executive Director of the Human Rights Commission.
The Task Force may, in its discretion, consult with any agency or department, or private sector professionals, outside of the Task Force for information and advice. The Executive Director of Racial Equity shall consult with the Racial Equity Advisory Panel prior to finalizing Task Force recommendations.
II. Charge and Process.
The Task Force is hereby ordered to undertake the following three projects in the following order of priority:
1. Evaluate structures of support for racially diverse populations, particularly in light of the disparities in health outcomes highlighted by COVID-19:
a. Structures that currently exist in Vermont;
b. Models that have succeeded in other jurisdictions;
c. Policy changes Vermont should consider or efforts the state can promote;
d. Tools the state can provide to communities;
e. Language access; and
f. Economics, housing, healthcare and access to credit.
2. Review current state and federal law on hate speech and freedom of speech and consider:
a. Changes to state law that would facilitate prosecuting harassment, hate speech and other bias-motivated crimes; and
b. Changes to State law necessary to ban Confederate flags or other similarly incendiary flags/images from being displayed in places that receive state funding. If all such proposed changes are determined by the Task Force to be highly likely to be found by a state or federal court to unconstitutionally restrict speech, after consultation with experts in constitutional law, the Task Force shall identify the entity most appropriate to conduct training and education in this regard.
3. Study and present options for encouraging Vermonters from diverse, marginalized, or underrepresented racial and ethnic groups to run and serve in public office at all levels (local, state, including boards and commissions and federal). The Task Force shall determine:
a. Who, or what, organization(s) should conduct the training;
b. Whether there is grant funding available to support this effort; and
c. Whether there is a program in Vermont or elsewhere that could be replicated.
The Task Force shall be advisory to the Governor and make recommendations on the first Project by August 15, 2020. The Task Force shall also provide advice as needed by the Governor. Preliminary recommendations on Projects 2 and 3 shall be submitted to the Governor by December 15, 2020.
The Task Force shall meet as needed and at least monthly. Meetings of the Task Force will be public and shall be held electronically for the duration of the COVID-19-related state of emergency and for so long thereafter as the Task Force deems practicable. The Task Force shall ensure notice of the meetings is received in different geographic regions of the State in order to encourage public participation.
The Task Force shall receive administrative and staff support from the Office of the Governor and the Agency of Administration.
To the extent funding is available, each member of the Panel shall be entitled to per diem compensation pursuant to 32 V.S.A. § 1010.
III. Effective Date.
This Executive Order shall take effect upon signing and shall continue in full force and effect until May 31, 2021 unless extended by the Governor.
Dated June 1, 2020.
Executive Order No. 3-92 (No. 01-21) [Creation of the Agency of Public Safety]
Revoked and rescinded by Addendum to Executive Order No. 01-21, dated April 14, 2021.
ADDENDUM TO EXECUTIVE ORDER NO. 01-21
[Recission of Executive Order]
WHEREAS, the Governor has the power under 3 V.S.A. chapter 41 to alter the organization of the Executive Branch through use of the Executive Order; and
WHEREAS, Governors have used the Executive Order over the years for a variety of purposes, including the creation of certain boards, councils and commissions and the reorganization of the Executive Branch; and
WHEREAS, Executive Order 01-21 (Creation of the Agency of Public Safety), is no longer necessary due to legislative action in this area.
NOW THEREFORE, I, Philip B. Scott, by virtue of the power vested in me as Governor, do hereby revoke and rescind Executive Order 01-21 dated January 14, 2021 (Creation of the Agency of Public Safety).
This Addendum to Executive Order 01-21 shall take effect upon execution.
Dated April 14, 2021.
[Terminates by its own terms at midnight, December 31, 2023, unless extended by the Governor.]
Executive Order No. 3-93 (No. 04-21) [Permitting Modernization Directive]
WHEREAS, Vermonters deserve a modern government providing efficient and effective services, including exemplary customer service and reasonable expectations; and
WHEREAS, the work of the Governor’s Cabinet over the last four years has highlighted the fact that Vermont’s diversity of statutes, rules and regulatory programs to encourage economic growth, improve our roadways, facilitate the work of our farmers in times of increasing economic stress, develop our outdoor recreation infrastructure and protect our natural resources, environment and public health often require complex and overlapping permitting and approval processes in an environment of highly politicized competing policy and resource demands; and
WHEREAS, coordinated support for both existing enterprises and new and expanded commercial opportunities are critical to Vermont’s economic prosperity and workforce growth needed to sustain educational and health and human services for Vermont’s most vulnerable; and
WHEREAS, it is unfortunate many perceive our system of permitting and approvals to be so cumbersome, complex, time-consuming and expensive they would rather risk non-compliance; and
WHEREAS, key to the support needed by Vermonters are permitting and approval processes that are rational and navigable; and
WHEREAS, optimizing total permitting time, modernizing and coordinating permitting processes and better utilizing technology to improve both oversight and efficiency, will benefit both Vermonters and Vermont’s environment; and
WHEREAS, continuously improving programs and processes is important, and ensuring that staff have the knowledge and skills to be able to do so effectively is crucial to meeting the ever-changing needs of Vermonters; and
WHEREAS, it is essential my Cabinet members use the continuous improvement skills we have developed to ensure greater collaboration and coordination across programs, departments and agencies to improve the customer experience of Vermonters while securing the environmental outcomes required in law and rule.
NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of the State of Vermont, do hereby direct as follows:
I. Permitting Modernization Plan:
A. The following Cabinet members shall work together to develop an implementable plan for an effective, Vermonter-focused land use permitting system designed to improve customer experience while securing environmental outcomes required in law and rule (“Permitting Modernization Plan”). This Commission shall be advisory to the Governor. The development of the Permitting Modernization Plan shall ensure a robust public participation process:
1. Agency of Agriculture, Foods and Markets;
2. Agency of Commerce and Community Development;
3. Agency of Digital Services;
4. Agency of Natural Resources;
5. Agency of Transportation;
6. Department of Health;
7. Department of Public Safety; and
8. Natural Resources Board.
Meetings shall be chaired by the Secretary of Commerce and Community Development, or designee, who shall schedule regular meetings to be held at least monthly, and more frequently as needed. The first meeting shall be held by April 15, 2021.
The Secretary of the Agency of Digital Services shall designate a Project Manager and the Chief Performance Officer shall designate a facilitator to support this initiative. The Project Manager and Facilitator shall coordinate and guide the Permitting Modernization Plan’s development process and record activities and decisions, using continuous improvement tools and methods appropriate for this task.
The assigned Cabinet members shall immediately establish a multi-disciplinary team (“MDT”) to provide increased coordination on existing projects triggering multiple permit jurisdictions. Members of the MDT shall immediately develop a charter for approval by the Chair, acting on behalf of the Cabinet members. The MDT shall meet every week or as needed to streamline the permitting and approval processing for outstanding projects. The MDT shall be chaired by the lead representative from the Agency of Commerce and Community Development. The MDT shall have the direct support of the Project Manager.
The Cabinet members shall ensure additional subject matter experts and resources are made available when deemed necessary by the Chair. The Chief Performance Officer and a liaison appointed by the Governor shall also support this work as necessary.
B. The Permitting Modernization Plan shall be delivered to the Governor no later than May 31, 2021 and shall address, at a minimum:
1. Key Performance Indicators (“KPI”) for the functioning of the permitting system, to include estimated total permitting time, and how those KPIs shall be made available to all Vermonters;
2. The creation of a common entry system into the permitting process;
3. The integration of existing and new permitting workflows into the Business Portal currently being upgraded by the Agencies of Commerce and Community Development and Digital Services together with the Office of the Secretary of State;
4. The development or procurement of a Customer Relationship Management (“CRM”) tool and how a CRM might be used in relationship to permitting interactions with the State of Vermont;
5. An evaluation of current and needed communications tools, including the permitting handbook, websites, best practice guides, outreach to municipalities, and other steps that should be included in the Permitting Modernization Plan;
6. An assessment of current permitting staffing and existing volumes of applications to make any necessary recommended changes; and
7. An evaluation of various state databases; how the data in each can more effectively communicate with another, and what changes are necessary.
C. The Plan shall articulate all necessary short-, medium-, and long-term actions, create a timeline for achieving those steps, and recommend any immediate legislative action for steps which cannot otherwise be performed under the existing authority of the Governor or an Executive Branch agency.
II. Reporting:
Updates on the KPIs and the status of the Permitting Modernization Plan implementation shall be reported to the Governor no less frequently than quarterly on each July 1, October 1, January 1 and April 1 of each year.
This Executive Order shall take effect upon execution and shall terminate at midnight, December 31, 2023 unless extended by the Governor.
Dated March 5, 2021.
Executive Order No. 3-94 (No. 06-21) [COVID-19 Post-Emergency Recovery Activities]
I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont Chapter II, Section 20, the general powers set forth in 20 V.S.A. § 8 and 20 V.S.A. § 366 and having determined that the necessity of public service requires it, hereby order and direct the Adjutant General of Vermont to order into Active State Service, for the purpose of assisting and supporting the State of Vermont, in its efforts to respond to the conditions created or caused by COVID-19 in order to alleviate hardship and suffering of citizens and communities and in order to preserve the lives and property of the State, any and all units of the National Guard of the State of Vermont as he, in consultation with the Department of Public Safety/Vermont Emergency Management (DPS/VEM), may deem appropriate to carry out the purposes of this Order.
National Guard assistance is a direct result of the need for additional vaccination and other recovery services following the termination of the statewide COVID-19 Declaration of Emergency issued March 13, 2020 as amended and restated, and which expired by its terms June 15, 2021.
It is hereby FURTHER ORDERED:
1. State Agency Coordination. For purposes of continued operations for COVID-19 recovery, all agencies of the State shall use and employ state personnel, equipment and facilities or perform any and all activities consistent with the consensus and direction of the Vermont Department of Health (VDH) and DPS/VEM. Policy adoption or changes related to responding to or recovering from COVID-19 shall require approval of the Governor.
2. VDH Commissioner Oversight. With oversight provided by the Secretary of the Agency of Human Services (AHS), the Commissioner of VDH shall oversee COVID-19 related investigation and mitigation efforts for the duration of this Order. All local boards of health shall consult with and abide by the recommendations of the Commissioner of VDH prior to taking any action regarding isolation or quarantine of an individual(s). Town health officers shall work with and assist VDH as directed by the Commissioner of VDH. Changes in public health mitigation measures or requirements impacting the general population shall require approval of the Governor.
3. Non-Congregate Housing and Emergency Feeding Programs. While the COVID-19 Declaration of Emergency has expired, many of its impacts continue on economically disadvantaged Vermonters, especially women, children and minority populations. Effective as of March 1, 2020 state agencies statewide shall:
a. To the extent not already in place, and at the discretion of AHS, arrange for placement of current clients and vulnerable populations in alternative non-congregate housing solutions for the purpose of providing adequate social distancing as needed.
b. To the extent not already in place, implement a temporary voluntary quarantine and isolation program utilizing non-congregate solutions including hotels, motels, dormitories or other forms of non-congregate shelter for current clients and vulnerable populations for the purpose of providing adequate social distancing between all individuals who are reasonably believed to have been exposed to or infected with COVID-19, or recovering from COVID-19. To the extent they determine the need for non-congregate temporary housing to quarantine and temporarily isolate first responders including Department of Corrections personnel, health care workers and others critical to the COVID-19 response, such as critical infrastructure construction and maintenance, who are at reasonable risk of having been exposed to or are infected with COVID-19, or are recovering from COVID-19, and cannot return to their usual residence because of the risk of infecting other household members, provide alternative non-congregate housing to this population of first responders, health care workers and others critical to the COVID-19 response.
c. To the extent AHS determines there is a need to provide non-congregate housing to the general public for the purpose of minimizing the impact of outbreaks and exposure to COVID-19 among family units and vulnerable populations in the same household, such non-congregate housing shall be offered.
d. To the extent not already in place, and at the discretion of AHS, arrange for placement of current clients and vulnerable populations in alternative non-congregate housing solutions for the purpose of providing adequate social distancing as needed.
e. To the extent AHS determines there is a need, provide feeding programs to minimize the continuing impact of food insecurity among Vermonters affected by COVID-19.
4. Sale of Alcoholic Beverages for Off Premises Consumption. Effective through June 30, 2021, the Board of Liquor and Lottery and the local control commissioners shall authorize:
a. First- and third-class licensees to allow for take-out, curbside pickup and delivery of beverage alcohol, including spirit-based drinks and malt and vinous product accompanying food orders for off premises consumption.
b. Second- and fourth-class licensees to allow for delivery and curbside pickup of unopened containers of spirits, spirit-based product and malt and vinous product that the licensee is permitted to sell from its licensed location.
c. The permissible hours for delivery shall be from 10:00 a.m. until 11:00 p.m.
d. For deliveries, the licensee shall be able to travel from town to town or from place to place carrying orders for delivery of any alcohol product they are licensed to sell and authorized to deliver hereunder without a delivery permit, provided the following conditions are met:
i. The person making the delivery is at least 18 years of age and is certified to sell or serve alcohol by the Board.
ii. All deliveries shall be in person to a physical building or residence.
iii. Licensees shall maintain an inspectable log of all deliveries made and such log shall at a minimum include:
• Name of recipient and physical address in Vermont to where the product was delivered;
• How ID was verified;
• A signature of recipient at least twenty-one (21) years of age;
• Description of the product and quantity delivered;
• Time of delivery;
• The name of the employee making the delivery.
The Board of Liquor and Lottery and the local control commissioners shall facilitate the transition of other licensees who serve food, or who partner with entities who serve food who have undertaken take-out, curbside pickup and delivery of beverage alcohol, including spirit-based drinks and malt and vinous product accompanying food orders for off premise consumption, and shall not penalize any such licensee through June 30, 2021.
5. Authority of the Commissioner of VDH. For the purpose of clarity, if the Commissioner of VDH determines a COVID-19 outbreak has occurred and businesses and non-profit and government entities cannot safely operate or large groups cannot safely congregate in a way that does not threaten to overwhelm our hospitals and health care resources, he shall advise the Governor on what, if any, limited standards of operation and civilian mobility should be considered.
This Order shall take effect upon signing.
Dated June 15, 2021.
Executive Order No. 3-95 (No. 02-22) [Solidarity with the Ukrainian People]
WHEREAS, on February 24, 2022, the Russian President Vladimir Putin launched an unprovoked, unjustified assault on the peaceful sovereign nation of Ukraine and its people; and
WHEREAS, I join leaders across the nation and around the world in condemning these attacks and express my support for Ukraine and its people, its democracy and its right to self-determination; and
WHEREAS, I know there is little Vermont, 4,500 miles away from Kyiv, can do or say to impact the horror that has been unleashed against the people of Ukraine by the regime in Moscow, but we must be ready to assist, provide humanitarian aid and stand firmly and resolutely with our Allies against this brazen attempt to weaken democracy everywhere; and
WHEREAS, Vermont stands ready to welcome and accept any Ukrainians who need refuge while their nation fights for its freedom; and
WHEREAS, the State cannot permit its purchasing and investment activity to aid Russia as it commits atrocities against the Ukrainian people; and
WHEREAS, the State Treasurer has taken swift action and directed the review of Russian investments and the Vermont Pension Investment Committee is working with investment managers as these holdings are liquidated; and
WHEREAS, Vermont shall take additional actions described in this Executive Order to, among other things, cease the State sale of Russian spirits, cease the State purchase of Russian products, rescind the dormant relationship of the State with a Russian Republic and ask the Legislature to take swift action to appropriate $1.00 per Vermonter to assist with humanitarian aid to Ukraine.
NOW, THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont hereby order as follows:
1. I hereby direct the Commissioner of the Department of Liquor and Lottery (DLL) to:
a. Conduct the due diligence necessary to identify Russian-sourced products (produced or manufactured in Russia as opposed to being Russian themed but produced elsewhere) currently stocked at 802Spirits stores in the State or available by special order (identified as Russian Standard, Green Mark, Hammer & Sickle and Beluga).
b. Immediately cease the sale of Russian-sourced products and products produced by Russian entities (institutions or companies that are headquartered in Russia or have their principal place of business in Russia) from the stock in Vermont802 stores.
c. Immediately cease the purchase of any Russian-sourced products and products produced by Russian entities.
d. Immediately cease delivery of Russian-sourced products and products produced by Russian entities from the DLL warehouse to Vermont802 stores.
2. I hereby direct the Secretary of the Agency of Administration and the Commissioner of the Department of Buildings and General Services (BGS) to review all contracts for the purchase of goods and immediately cease purchases and terminate contracts for the purchase of Russian-sourced goods and goods produced by Russian entities.
3. I further direct the Secretaries and Commissioners of the Executive Branch to review all contracts for the purchase of goods and immediately cease purchases and terminate contracts for the purchase of Russian-sourced goods and goods produced by Russian entities.
4. I ask the Vermont House of Representatives to immediately, upon its convening on March 8, 2022, return H. 679, an act relating to fiscal year 2022 budget adjustments, to the Committee of Conference, for appropriation of (a) $1.00 per Vermonter, or $643,077, and (b) all funds collected by the Department of Liquor and Lottery through sales of Russian-sourced vodka from February 24, 2022 through February 28, 2022, for distribution as agreed by the Emergency Board for humanitarian efforts needed to support the people of Ukraine.
5. I hereby rescind Executive Order 100-91 (codified as Executive Order 09-01), issued by Governor Madeline Kunin on January 7, 1991, which authorizes a sister-state relationship with the Republic of Karelia in Russia (formerly the Karelian Autonomous Soviet Socialist Republic of the Union of Soviet Socialist Republics). And I hereby withdraw Vermont from the Joint Statement of Intentions executed by Governor Kunin and Kuzma F. Filatov, then Chief of Staff to the Kremlin.
This agreement was reached at a time of mutual belief in constructive dialogue and openness following the 1985 summit meeting of President Ronald Reagan and General Secretary Mikael S. Gorbachev but has been dormant for many years. Russian government actions in Ukraine make clear its interest in peace and mutual understanding no longer exists.
Vermont looks forward to a time when true people-to-people cooperation can be restored. Until then the State of Vermont shall not engage in any efforts which confer legitimacy upon Russia’s current foreign policy or on a government not freely and democratically elected by the people of Karelia.
6. I further ask the Legislature to rescind J.R.H. 129 adopted by the Legislature in 1990 (R -157. Joint Resolution Relating to Strengthening Ties with the Peoples of Karelia Within the Soviet Union).
7. And I call on any Vermont municipality that has entered into a sister-city/town agreement with a Russian municipality to suspend or terminate such arrangements, until such time as the Russian municipality opposes current Russian policy toward Ukraine and has a government freely and democratically elected by the people of the municipality.
This Executive Order shall take effect upon signing.
Dated March 3, 2022
Executive Order No. 3-96 (No. 04-22) [Executive Code of Ethics]
WHEREAS, throughout the State of Vermont, dedicated public servants bring their talents and expertise to work on behalf of all Vermonters; and
WHEREAS, it is essential to the proper operation of government that public officers be principled and impartial; that governmental decisions and policy be made fairly and impartially on the merits of the matter at issue; that public office not be used for private gain other than the remuneration provided by law; and that there be public confidence in the integrity of government; and
WHEREAS, there is a risk that the attainment of one or more of these ends may be impaired whenever a conflict exists between the private interests of a public officer and their official responsibilities; and
WHEREAS, it is also essential to the proper operation of government that those best qualified not be discouraged from serving as public officers by requiring them to relinquish totally the opportunity to further their interests, at least where such interests do not create irreconcilable conflicts with their official responsibilities; and
WHEREAS, both the public and private sectors of Vermont are enriched by the healthy exchange of individuals who have hands-on knowledge and work experience in both the public and private sectors; and
WHEREAS, in 2022, the Vermont General Assembly enacted Act 102, an act relating to the adoption of a State code of ethics (the “Act”), to establish for the first time an ethics code applicable to all three branches of government; and
WHEREAS, for decades, successive governors have adopted an Executive Code of Ethics to effectively ensure fairness and impartiality in the conduct of State business, while at the same time encouraging the recruitment and retention of those best qualified to serve the State; and
WHEREAS, the Executive Code of Ethics is hereby reaffirmed and updated in light of the enactment of the Act to maintain the rigorous standards of the Executive Code of Ethics as well as clarify processes and definitions consistent with the Act.
NOW, THEREFORE, BE IT RESOLVED, that I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby promulgate the following Executive Code of Ethics.
All State employees shall be subject to the Act. All Appointees (as defined herein) shall be subject to provisions of this Executive Code of Ethics as well as the Act. Nothing in this Executive Code of Ethics shall exempt an Appointee from any other requirement of law or any duly adopted State personnel policy. When a question arises regarding conflicting terms of this Executive Code of Ethics and the Act, the more restrictive requirement shall apply.
To assure adherence to this Executive Code of Ethics, all future Appointees, and any current Appointees who have not signed an acknowledgment with respect to Executive Order No. 19-17 (codified as Executive Order No. 3-84), will be asked to sign the acknowledgment attached hereto as Exhibit A and submit it to the Secretary. The Secretary shall have the authority to interpret the provisions of this Code as they relate to the circumstances of an Executive Officer and to issue exemptions from this Code when there is good cause to proceed in accordance with the Act. All such interpretations and exemptions shall be written and kept by the Secretary in the same manner as the Conflict Questionnaires.
I. Definitions
As used in this Executive Order:
“Appointee” means any member of a Public Body appointed by or upon the approval of the Governor, including Executive Officers, or any exempt employee appointed by or upon the approval of such an Appointee.
“Appearance of a Conflict of Interest” means the impression that a reasonable person might have, after full disclosure of the facts, that an Appointee’s judgment might be significantly influenced by outside interests, even though there may be no actual Conflict of Interest.
“Confidential information” means information that is designated by law as confidential, or may be determined to be exempt from disclosure in accordance with the State Access to Records Law (1 V.S.A. § 315et seq.).
“Conflict of Interest” means a direct or indirect interest of an Appointee or such an interest, known to the Appointee, of a member of their Immediate Family or household, or of a business associate, in the outcome of a particular matter pending before the Appointee or their Public Body, or that is in conflict with the proper discharge of the Appointee’s duties. “Conflict of Interest” does not include any interest that (i) is no greater than that of other persons generally affected by the outcome of a matter (such as a policyholder in an insurance company or a depositor in a bank), or (ii) has been disclosed to the Secretary by an Executive Officer or to an Executive Officer by all other Appointees and the Secretary, or Executive Officer, as appropriate, has found good cause to proceed so that the Appointee can take action in a matter fairly, objectively and in the public interest.
“Domestic partner” means an individual in an enduring domestic relationship of a spousal nature with the Appointee, provided the individual and the Appointee:
a) have shared a residence for at least six consecutive months;
b) are at least 18 years of age;
c) are not married to or considered a domestic partner of another individual;
d) are not related by blood closer than would bar marriage under State law; and
e) have agreed between themselves to be responsible for each other’s welfare.
“Executive Officer” means an agency secretary or deputy or a department commissioner or deputy.
“Full-time Appointee” means any Appointee receiving a salary for State service over $30,000.
“Gift” means anything of value, tangible or intangible, that is given for less than adequate consideration.
“Good cause to proceed,” to be determined by the Secretary of Civil and Military Affairs in the case of Executive Officers, and Executive Officers in the case of other Appointees may include any of the following:
a) an identified Conflict of Interest, potential Conflict of Interest or Appearance of a Conflict of Interest is de minimis in nature;
b) the Conflict of Interest is amorphous, intangible, or otherwise speculative; or
c) the Appointee cannot legally or practically delegate the matter.
“Immediate family” means an individual’s spouse, domestic partner, or civil union partner; child or foster child; sibling; parent; or such relations by marriage or by civil union or domestic partnership; or an individual claimed as a dependent for federal income tax purposes.
“Person” means any individual or Private Entity.
“Private Entity” is any business entity, partnership, joint venture, association, organization or group, whether organized for profit or not for profit, except those specifically chartered by the State of Vermont or which relies upon taxes for at least fifty percent (50%) of its revenues.
“Public Body” means any State agency, department, division or office and any board or commission of any such entity or any independent board or commission in the executive branch of the State.
“Secretary” shall, unless otherwise specified, mean the Secretary of Civil and Military Affairs.
II. General Conduct
An Appointee must conduct the affairs of their office in such a manner as to instill public trust and confidence in the integrity of State government. Further, Appointees have a responsibility to act as examples and set a civil and respectful tone in the public discourse.
A. Thus, an Appointee shall always, and without exception, be honest, helpful and fully committed to the principle that all authority is derived from the people, and therefore, all officers of government, whether legislative or executive, are servants of the people and at all times, in a legal way, accountable to them. [VT. Const., Ch I, Article 6]
B. Appointees shall take all reasonable steps to avoid any action or circumstances, including acts or circumstances which may not be specifically prohibited by this Code or the Act, which might result in:
(1) Undermining their independence or impartiality or action;
(2) Taking official action based on unfair considerations;
(3) Giving preferential treatment to any private interest or Person based on unfair considerations;
(4) Giving preferential treatment to any Immediate Family member or member of the Appointee’s household;
(5) Representing an ability to give preference or special treatment to any Person because of the Person’s wealth, position, or status or because of any personal relationship with Appointee;
(6) Using public office for the advancement of personal interest;
(7) Using public office to secure special privileges or exemptions;
(8) Adversely affecting the confidence of the public in the integrity of State government; or
(9) Undermining the climate of civility and respect required for every open, democratic government to thrive.
C. Every Appointee shall be true and faithful to the State of Vermont and will not, directly or indirectly, do any act or thing injurious to the Constitution or Government of the State of Vermont. Every Appointee will faithfully execute the office which they hold and will therein do equal right and justice to all men and women, to the best of their judgment and ability, according to law. [VT. Const., Ch II, Section 56]
D. Appointees shall always treat each other, employees, staff, volunteers and the public with dignity, respect, empathy and courtesy.
E. Appointees shall support efforts to create and maintain a diverse and effective work force.
F. Appointees shall promote a workplace that is free from sexual harassment, or inappropriate personal relationships, and shall take quick and effective action to ensure that sexual harassment does not occur or persist.
G. Every Full-Time Appointee shall devote their worktime to the duties of their office.
H. An Appointee shall not use State property nor permit others to use State property unless the use is reasonably related to their official responsibilities or the conduct is permitted pursuant to a duly adopted State or agency personnel policy.
I. An Appointee shall not enter into any commitment to expend State funds unless the expenditure is reasonable and valuable to the State and made in accordance with all applicable statutes, rules, directives or Bulletins from the Secretary of the Agency of Administration.
J. An Appointee shall be in good standing with respect to, or in full compliance with a plan to pay, all taxes due the United States, the State of Vermont and the municipality of residence. An Appointee shall be in good standing with respect to, or in full compliance with a plan to pay, all child support obligations.
K. Within the first 120 days of public service, an Appointee shall engage in State-sponsored training on issues related to the Act of Ethics, sexual harassment and racial equity and implicit bias. Full-Time Appointees must complete this training at least annually.
L. An Appointee shall not direct another person to act in a manner that would be unethical for the Appointee or the other person to act. An Appointee who has a conflict of interest shall not direct others to act for the Appointee’s benefit where the action would be a violation of this Executive Code of Ethics or the Act if the Appointee were to perform the act.
III. Personal Interests, Outside Employment and Financial Activities
A. Ethical Rules While Employed by the State:
(1) No Full-Time Appointee shall be the owner of, or financially interested, directly or indirectly, in any Person subject to the supervision their respective Public Body, except any interest which is no greater than that of other persons who might be generally affected by the supervision of the Appointee’s Public Body such as a policy holder in an insurance company or a depositor in a bank. (See also 3 V.S.A. § 204).
(2) An Appointee shall not take any action in any matter in which they have either a Conflict of Interest or the Appearance of a Conflict of Interest, until the Conflict is resolved one of two ways:
a. Disclosure of the Conflict made by an Executive Officer to the Secretary or the Appointee’s appointing Executive Officer and recusal from the matter. Once recused, an Appointee shall not participate in or act to influence a decision regarding the matter.
b. If an Appointee chooses to proceed with a matter where there may be a Conflict of Interest or the Appearance of a Conflict of Interest, an Executive Officer shall seek a determination by the Secretary of Civil and Military Affairs or other Appointees shall seek a determination from their appointing Executive Officer with a written statement which shall:
1. describe the matter requiring action;
2. disclose the nature of the potential Conflict, actual Conflict or Appearance of a Conflict of Interest;
3. explain why good cause to proceed exists so that the Appointee can take action in the matter fairly, objectively, and in the public interest and include sufficient detail so that the matter may be understood by the public; and
4. in all cases, be filed with the Secretary.
Exemptions sought under this Code shall be issued only to further the twin goals of this Code: i) to establish high standards of ethical conduct for all Appointees and ii) to encourage those Vermonters best qualified to serve in State government.
(3) An Appointee shall not take any official action that materially advances the interest of any Person with which the Appointee is actively seeking employment.
(4) A full-time Appointee shall not, for personal or financial gain, be an advocate for any Person in any matter before any Public Body or before the State General Assembly or its committees.
(5) An Appointee shall not seek or engage in outside employment or activities that are inconsistent, incompatible or in conflict with the Appointee’s official duties.
(6) Except in the event (i) a specific law, rule or regulation requires disclosure, or (ii) the State has entered into a confidentiality or non-disclosure agreement consistent with applicable State or federal law, regulation, rule or policy, an Appointee shall not disclose to any Person any confidential or privileged information obtained while employed by the State.
(7) An Appointee shall not use nonpublic government information or confidential information acquired during the course of State service for personal or financial gain or for the personal or financial gain of any other person.
(8) An Appointee or their family shall not trade in stock or otherwise transact private business based upon information obtained by the Appointee through their work on behalf of the State, or otherwise use nonpublic or confidential government information acquired during the course of State service for personal or financial gain or for the personal or financial gain of any other Person.
(9) Appointees will use State-provided equipment, property, facilities and official email addresses for primarily State business purposes. Personal use shall be de minimus and must not: (i) interfere with normal business activities; or (ii) be associated with any outside for-profit business activity of the Appointee. An Appointee shall not engage in or direct another person to engage in work other than the performance of official duties during working hours.
(10) Appointees are strongly encouraged to engage in electronic communications regarding official business only on their official email accounts. If private accounts must be used, Appointees shall copy their official email accounts on all such outgoing communications and forward any received messages on which their official emails are not copied. If substantive discussion (not otherwise documented) relating to the work of the Public Body occurs on a text-messaging system, such discussion is to be copied to a separate public record format (such as by copying the relevant text messages to the appointee’s official email).
(11) Email messages and other electronic data produced or acquired in the course of the business of the Public Body is considered a public record subject to disclosure under the Vermont Public Records Act, regardless of whether the record resides in a State-provided system or a private account; provided, however, solely for purposes of this subsection, “public body” does not include councils or similar groups established by the Governor for the sole purposes of advising the Governor with respect to policies. Upon receipt of a records request, Appointees shall provide their Records Officers all responsive records in their own custody and control.
B. Ethical Rules After State Employment:
(1) For one year after leaving office, a former Appointee shall not, for personal or financial gain, be an advocate for any Person before any Public Body or before the State General Assembly or its committees, regarding any particular matter in which:
a. the State is a party or has a direct and substantial interest; and
b. the Appointee had participated personally and substantively while employed by the State.
(2) This prohibition applies to any matter the Appointee directly handled, supervised or managed, or gave substantial input, advice or comment, or benefited from, either through discussing, attending meetings on, or reviewing materials prepared regarding the matter.
(3) After leaving office, a former Appointee shall not, with the intent to advocate for an outcome of an investigation, application, ruling, license, contract, claim, rulemaking, charge, arrest, or quasi-judicial or judicial proceeding, communicate with or appear before any Public Body or before the State General Assembly or its committees, on matters regarding specific parties in which the Appointee participated personally and substantively during their time in office and in which the State is a party or has a direct and substantial interest.
(4) Subject to exemptions set forth in 2 V.S.A. § 262, for one year after leaving office, an Executive Officer, shall not be a lobbyist (as defined in 2 V.S.A. § 261), in this State.
IV. Gifts
A. Prohibited Gifts. While the Act limits the acceptance of certain gifts by public servants, it is essential the Appointees of the Governor understand a gift given to a public servant may have the appearance of being given either as a quid pro quo or to influence official action. The monetary value of the gift is not the issue. Notwithstanding the Act, for purposes of this Executive Code of Ethics:
(1) An Appointee, while employed by the State, shall not solicit or receive any payment, gift or favor based on any understanding which may be reasonably implied by the Appointee or inferred by the donor, that it may influence any official action.
(2) An Appointee shall not solicit or receive any payment, gift or favor from any Person which has, or seeks to obtain, contractual or other business or financial relationships with the Appointee’s Public Body; conducts business or activities that are regulated by the Appointee’s Public Body; or has an interest that may be substantially affected by the Appointee’s official actions.
(3) An Appointee, or their designee, shall not solicit or accept gifts or trips from Persons if the gifts or trips (i) are a quid pro quo; (ii) are intended to influence any decision by the Appointee; or (iii) create an appearance of a Conflict of Interest.
B. Except as set forth in Section IV(A) above, Appointees may accept gifts as set forth in the Act (3 V.S.A. § 1203g).
V. Reports
A. Appointees
Within 30 days of appointment and thereafter, on or before January 15th of a new biennium, every Full-Time Appointee shall file with the Secretary an “Ethics Questionnaire” as prescribed in Exhibit B. These questionnaires shall be treated as confidential personal records as set forth in 1 VSA § 317(b)(7) and kept as such during the gubernatorial administration in which the Appointee serves, or for one year after the Appointee leaves office, whichever occurs first, at which point they will be destroyed.
B. Executive Officers (3 V.S.A. § 1211)
In addition to the reporting required in Section V(A) above, each Executive Officer shall file a disclosure form with the State Ethics Commission in accordance with 3 V.S.A. § 1211.
VI. Enforcement
The purpose of this Executive Code of Ethics is to provide guidance to Appointees covered herein. During such appointment, except as otherwise required by law, only the Governor or his designated agent shall have the power to sanction any violations hereof. Nothing in this Code shall create a right to continue State employment. The remedy for a violation of post-employment restrictions set forth in Section III(B) shall rest with the Public Body before which the former Appointee appears and, barring unusual circumstances, shall result only in disqualifying the former Appointee from appearing or participating in the matter.
VII. Effective Date.
Except as otherwise required by law, this Executive Order supersedes and replaces Executive Order No. 19-17 (codified as No. 3-84), dated December 4, 2017. This Executive Order shall take effect upon signing.
Dated September 29, 2022.
CODE OF ETHICS ACKNOWLEDGEMENT
I, ______ , having been appointed to the position of ______ , hereby acknowledge having received and read Executive Order 04-22, the Executive Code of Ethics, promulgated on September 29, 2022, and agree to adhere to it.
Signature: ____________ Date: _________________________________________
Name (print): __________
OATH OF OFFICE
I, ______ , do solemnly swear/affirm that I will be true and faithful to the State of Vermont, and that I will not, directly or indirectly, do any act or thing injurious to the Constitution or Government thereof. So help me God. / Under the pains and penalties of perjury.
I ______ , do solemnly swear/affirm that I will faithfully execute the Office of ______ , for the State of Vermont, and that I will therein do equal right and justice to all persons, to the best of my judgment and ability according to law. So help me God. / Under the pains and penalties of perjury.
I ______ , do solemnly swear/affirm that I will support the Constitution of the United States. So help me God. / Under the pains and penalties of perjury.
Signature: __________
[Oath must be administered by a Notary unless otherwise administered in accordance with law by the Governor, a Supreme Court Justice, Superior Court Judge, Assistant Judge, Justice of the Peace or the Presiding Officer, Secretary or Clerk of either house of the General Assembly.]
STATE OF VERMONT
______ COUNTY, SS
At _____ , in said County, this ____ day of ______ , 202__, personally appeared ______ and took and subscribed the foregoing oath of office and allegiance.
Before Me, __________
Notary Public
My Commission expires __________
EXECUTIVE ORDER NO. 04-22
EXHIBIT BETHICS QUESTIONNAIRE
In accordance with the Executive Order No. 04-22 Executive Code of Ethics, every Appointee, as defined therein, who earns $30,000 or more per year, shall fill out and file this questionnaire at the start of a new biennium, on or by January 15, or within 30 days of appointment, with the Secretary of Civil and Military Affairs. This questionnaire shall be treated as a confidential personnel document pursuant to 1 V.S.A. § 317(c)(7) and kept as such during the gubernatorial administration in which the Appointee serves, or for one year after the Appointee leaves office, whichever occurs first.
The purpose of this questionnaire is to determine any significant personal interests of Appointees that might conflict with the best interests of the state. It is understood that individuals serving the state as Appointees may have personal or financial interests that may relate to matters arising in the course of their performance of the official responsibilities. This form is intended to identify those interests and provide assurance that conflicts of interest will not impair fair and impartial state actions. Appointees must avoid Conflicts of Interest and, where they do occur, must disclose them to the Secretary of Civil and Military Affairs.
In answering questions, please disclose not only your own direct interests but also any indirect or beneficial interests which could arise through members of your Immediate Family or through persons who reside in your home or by reason of a trust or partnership arrangement in which you or a member of your Immediate Family or household participates or has an interest.
(Use reverse side or an additional sheet of paper to give additional information, if necessary.)
1. Are you, your spouse, or a member of your Immediate Family the director, officer, partner or employee of any Person that, to your knowledge, does business or has a financial relationship with the State of Vermont? If yes, please list all such positions.
Yes ____ No ____
2. To the best of your knowledge, except for securities that are listed on a national exchange, do you own directly, indirectly, or beneficially, securities, options, or rights to purchase securities or share in profits of companies doing business with the State? If yes, list company and percent of total shares.
Yes ____ No ____
3. Do you directly, indirectly or beneficially, have any ownership interest in a proprietorship, partnership or syndicate that, to your knowledge, operates any business which does business with the State? If yes, explain briefly.
Yes ____ No ____
4. To the best of your knowledge, does there currently exist any creditor-debtor relationship between you, directly or indirectly, and any non-financial organization doing business with the State, except normal charge accounts and installment purchase accounts? If yes, explain briefly.
Yes ____ No ____
5. Are you receiving commissions or any forms of compensation, gift or reward on business transacted with the State either directly or through a third person? If yes, explain briefly.
Yes ____ No ____
6. In addition to the information reported above, do you have any direct or indirect business relationships which may reasonably be considered to have some influence on your judgment and decisions involving transactions with the State, or otherwise during the performance of your duties and responsibilities as an Appointee? If yes, explain briefly.
Yes ____ No ____
7. Are you in good standing with respect to, or in full compliance with a plan to pay, any and all taxes due the United States, the State of Vermont and the municipality of residence? If no, explain.
Yes ____ No ____
8. If you are under an obligation to pay child support, are you in good standing with respect to that obligation?
Yes ____ No ____ N/A ____
If no, have you entered into a payment plan with the Vermont Office of Child Support and are you in full compliance with that payment plan?
Yes ____ No ____
9. I agree to disassociate myself from situations where possible conflicts of interest pertaining to any matter addressed in this questionnaire might occur, when requested by the Governor or the Secretary of Civil and Military Affairs.
10. To the best of my knowledge, the answers to all the above questions are true and complete in every respect.
Signed _________________________________________ Date: _________________________________________
Name (printed): _________________________________________
Position: _________________________________________
Executive Order No. 3-97 (No. 02-23) [Housing Directives]
WHEREAS, on Friday, March 13, 2020, a national emergency declaration for the coronavirus (COVID-19) pandemic was issued by the President of the United States, under which the Federal Emergency Management’s (FEMA) Regional Administrators were delegated authority to approve and pay for State requests for non-congregate sheltering for the duration of the Secretary of Health and Human Services’ declaration of a Public Health Emergency for COVID-19; and
WHEREAS, the Vermont Agency of Human Services (AHS), as part of the response to COVID-19, began to work with local governments, state agencies and private non-profit organizations statewide to arrange for placement of current clients, vulnerable populations and any person or persons who requested such housing in hotels and motels for the purpose of avoiding shelters and other traditional congregate housing options thereby reducing the potential spread of COVID-19; and
WHEREAS, with the end of the COVID-19 pandemic, broad availability of vaccines and the greatly reduced risk of serious infection in the community, the hotels and motels participating in this program have become sites of significant public health and safety concerns, exposing vulnerable program participants to additional risks, and frequently requiring multiple daily responses by law enforcement to these sites; and
WHEREAS, the most vulnerable participants in the hotel and motel program do not have ready access to, and are not required to engage with supportive services, social safety net programs or treatment, including mental health and substance use treatment, job training or counseling, and do not have the oversight or security they require and deserve to make the transition into more permanent and stable housing and economic independence; and
WHEREAS, the taxpayer funded costs of housing people in hotels and motels has reached $190.7 million, which is more than $148 per room, per day and more than $54,000 per room, per year, negatively impacting the State’s ability to invest in medium and longer-term strategies that better meet the needs of clients by addressing root causes of homelessness and creating permanent housing options; and
WHEREAS, the taxpayer funded costs of housing people in hotels and motels has reached $190.7 million, which is more than $148 per room, per day and more than $54,000 per room, per year, negatively impacting the State’s ability to invest in medium and longer-term strategies that better meet the needs of clients by addressing root causes of homelessness and creating permanent housing options; and
WHEREAS, the U.S. Congress and President chose not to extend funding for these types of programs, facilitating a return to a normalized system of emergency housing with clear eligibility, responsibility requirements and sustainable funding; and
WHEREAS, since October 2022 AHS has been engaging program beneficiaries who are willing to work with the agency, to prepare for the transition to a more effective program with a stronger connection to Vermont’s nation-leading social safety net services; and
WHEREAS, all agencies and departments in state government, elected officials, municipalities, state funded housing programs and community groups, have a role to play in establishing a system of emergency transitional housing that better meets the human and social service needs of clients, does not drain public safety resources, has clear eligibility and responsibility requirements, and is affordable and sustainable well into the future; and
WHEREAS, this transition must be made as part of the ongoing effort to address Vermont’s community housing crisis across all income levels, especially low- and middle-income housing needs.
NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of the State of Vermont do hereby direct as follows:
1. The Agency of Human Services (AHS), and the cross-agency team addressing this issue, are directed to continue implementations of its established plan to better serve current pandemic hotel and motel program participants by:
• extending the Vermont Housing Improvement Program (VHIP) to bring more existing rental units back online;
• identifying and utilizing available mobile homes, mobile home lots to site permanent homes;
• expanding traditional shelter capacity;
• expanding mental health residential treatment beds;
• expanding substance use treatment services and recovery housing;
• expanding the Department of Corrections re-entry housing capacity;
• expanding residential or skilled nursing levels of care and bring additional subsidized senior housing units online;
• expanding medical respite program beds;
• restoring the pre-pandemic General Assistance emergency housing program, with eligibility beginning July 1, 2023, for households transitioning from the pandemic hotel and motel program;
• expanding the definition of families in General Assistance emergency housing program to include children aged seven years-old up to age 18 or 19 if the child is still in school; and
• extending eligibility deadline for individuals and families in the pandemic General Assistance program on June 30, 2023, who have a current housing voucher for up to 120 days.
2. To add an additional safety net to this transition, AHS shall work with public and private partners, including the Vermont National Guard, to establish a plan for temporary, short-term congregate shelters to be used by individuals transitioning from the free pandemic hotel and motel program to other alternatives. If activated, this temporary, short-term congregate sheltering system will operate week-to-week for a period not to exceed the expiration of this order. AHS shall establish eligibility and personal conduct requirements for any temporary, short-term shelters created under this directive. AHS may also require any fully or partially state-funded community partner to assist in providing a reasonable level of operational support and services needed to move clients to more stable housing alternatives.
3. The Commissioner of Public Safety and the Director of Fire Safety, with input from local boards of health and other municipal officials shall, in a reasonable and practicable way, inventory currently uninhabited or abandoned housing units, including mobile homes and mobile home lots, in county economic centers and surrounding communities, that could be brought back into the housing market. The order of inventories shall be prioritized in a reasonable way that supports community housing rehabilitation work being carried out by the Executive Branch. These inventories will be used to help prioritize and accelerate housing and community revitalization program investments. The first inventory report is due no later than June 16, 2023.
4. By June 30, 2023, the Secretary of Natural Resources, in collaboration with municipalities, shall identify all communities served by public community water system and municipally owned wastewater treatment facilities with capacity to absorb additional housing units.
5. By June 30, 2023, the Commissioner of Housing and Community Development, in consultation with the Office of the Treasurer, Vermont Housing & Conservation Board (VHCB) and Vermont Housing Finance Agency (VHFA) shall identify all housing programs, available funding and other tools to significantly expedite construction of short-, medium- and long-term housing. This may include, but not be limited to, a report on how appropriations for housing made in the State FY24 budget to VHCB, and other funds available to the Office of the Treasurer for local investments could be deployed to accelerate reductions in homelessness, new transitional housing capacity, and rehabilitation or construction of more and better, homes for low- and middle- income Vermonters.
6. By July 28, 2023, the Secretary of Commerce and Community Development, in consultation with the Chair of the Natural Resources Board, the Secretary of Natural Resources, the Secretary of Transportation and the Secretary of Civil and Military Affairs shall report to the Governor all local and state rules and regulations which currently impede the timely development of safe, decent, affordable housing in our communities. These officials are further directed to identify where flexibility or discretion exists and advise whether temporary suspension of relevant State rules and local regulations and ordinances, or the adoption or amendment of state rules, would facilitate faster and less costly revitalization of existing housing and construction of new housing units.
Dated May 26, 2023
