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Subchapter 002: INTERCHANGE OF STATE EMPLOYEES
§ 821. Declaration of policy
The State of Vermont recognizes that intergovernmental cooperation is an essential
factor in resolving problems affecting this State and that the interchange of personnel
between governmental agencies at the same or different levels of government is a significant
factor in achieving that cooperation. (Added 1967, No. 384 (Adj. Sess.), § 1, eff. March 27, 1968.)
§ 822. Definitions
For the purposes of this subchapter, the following words and phrases have the meanings
ascribed to them in this section:
(1) “Sending agency” means any department or agency of the federal government or a state
government that sends any employee thereof to another government agency under this
subchapter.
(2) “Receiving agency” means any department or agency of the federal government or a state
government that receives an employee of another government under this subchapter. (Added 1967, No. 384 (Adj. Sess.), § 2, eff. March 27, 1968.)
§ 823. Authority to interchange employees
(a) Any department, agency, or instrumentality of the State may participate in a program
of interchange of employees with departments, agencies, or instrumentalities of the
federal government, or another state, as a sending or receiving agency.
(b) The period of individual assignment or detail under an interchange program shall be
subject to approval of the Commissioner of Human Resources for Executive departments,
the Court Administrator for the Judiciary, and the Joint Rules Committee for the Legislature.
Details relating to any matter covered in this subchapter may be the subject of an
agreement between the sending and receiving agencies. Elected officials shall not
be assigned from a sending agency nor detailed to a receiving agency. (Added 1967, No. 384 (Adj. Sess.), § 3, eff. March 27, 1968; amended 1997, No. 66 (Adj. Sess.), § 62, eff. Feb. 20, 1998; 2003, No. 156 (Adj. Sess.), § 15.)
§ 824. Status of employees of this State
(a) Employees of a sending agency participating in an exchange of personnel as authorized
in section 823 of this title may be considered during that participation to be on detail to regular work assignment
of the sending agency.
(b) Employees who are on detail are entitled to the same salary and benefits to which
they would otherwise be entitled and shall remain employees of the sending agency
for all other purposes except that the supervision of their duties during the period
of detail may be governed by agreement between the sending agency and the receiving
agency.
(c) Any employee who participates in an exchange under the terms of this section who has
a disability or dies as a result of personal injury arising out of and in the course
of an exchange, or sustained in performance of duties in connection therewith, shall
be treated, for the purposes of the sending agency’s employee compensation program,
as an employee, as defined in the law creating that program, who has sustained the
injury in the performance of his or her duty, but shall not receive benefits under
that law for any period for which he or she is entitled to and elects to receive similar
benefits under the receiving agency’s employee compensation program. (Added 1967, No. 384 (Adj. Sess.), § 4, eff. March 27, 1968; amended 2013, No. 96 (Adj. Sess.), § 4.)
§ 825. Travel expenses of employees of this State
A sending agency in this State may, in accordance with the travel regulations of the
agency, pay the travel expenses of employees assigned to a receiving agency on either
a detail or leave basis but shall not pay the travel expenses of those employees incurred
in connection with their work assignments at the receiving agency. During the period
of assignment, the sending agency may pay a daily allowance to the employee on assignment
or detail. (Added 1967, No. 384 (Adj. Sess.), § 5, eff. March 27, 1968.)
§ 826. Status of employees of other governments
(a) When any unit of government of this State acts as a receiving agency, employees of
the sending agency who are assigned under this subchapter may be considered to be
on detail to the receiving agency.
(b) Appointments of persons so assigned may be made without regard to the laws or regulations
governing the selection of employees of the receiving agency. Such a person shall
be in the unclassified service of the State.
(c) Employees who are detailed to the receiving agency shall not by virtue of that detail
be considered to be employees thereof, except as provided in subsection (d) of this
section, nor shall they be paid a salary or wage by the receiving agency during the
period of their detail. The supervision of the duties of those employees during the
period of detail may be governed by agreement between the sending agency and the receiving
agency.
(d) Any employee of a sending agency assigned in this State who has a disability or dies
as a result of personal injury arising out of and in the course of that assignment,
or sustained in the performance of duties in connection therewith, shall be treated
for the purpose of the receiving agency’s employee compensation program, as an employee,
as defined in its law, who has sustained the injury in the performance of that duty
but shall not receive benefits under that law for any period for which he or she elects
to receive similar benefits as an employee under the sending agency’s employee compensation
program. (Added 1967, No. 384 (Adj. Sess.), § 6, eff. March 27, 1968; amended 2013, No. 96 (Adj. Sess.), § 4.)
§ 827. Travel expenses of employees of other governments
A receiving agency in this State may, in accordance with the travel regulations of
the agency, pay travel expenses of persons assigned thereto under this subchapter
during the period of those assignments on the same basis as if they were regular employees
of the receiving agency. (Added 1967, No. 384 (Adj. Sess.), § 7, eff. March 27, 1968.)