The Vermont Statutes Online

Title 1: General Provisions

Chapter 025: Truth and Reconciliation Commission [Repealed effective May 1, 2027]

• § 901. Definitions

  As used in this chapter:

  (1) “Commission” means the Vermont Truth and Reconciliation Commission, including its commissioners, committees, and staff.

  (2) “Consultation” means a meaningful and timely process of seeking, discussing, and considering carefully the views of others in a manner that is cognizant of all parties’ cultural values.

  (3) “Panel” means the Selection Panel established pursuant to section 904 of this chapter.

  (4) “Record” means any written or recorded information, regardless of physical form or characteristics. (Added 2021, No. 128 (Adj. Sess.), § 2, eff. May 24, 2022; repealed on May 1, 2027 by 2021, No. 128 (Adj. Sess.), § 4.)

• § 902. Vermont Truth and Reconciliation Commission; establishment; organization

  (a) There is created and established a body corporate and politic to be known as the Vermont Truth and Reconciliation Commission to carry out the provisions of this chapter. The Truth and Reconciliation Commission is constituted a public instrumentality exercising public and essential government functions and the exercise by the Commission of the power conferred by this chapter shall be deemed and held to be the performance of an essential governmental function.

  (b)(1) The Commission shall consist of three commissioners appointed pursuant to section 905 of this chapter and shall include one or more committees established by the commissioners to examine institutional, structural, and systemic discrimination caused or permitted by State laws and policies experienced by each of the following populations and communities in Vermont:

  (A) individuals who identify as Native American or Indigenous;

  (B) individuals with a physical, psychiatric, or mental condition or disability and the families of individuals with a physical, psychiatric, or mental condition or disability;

  (C) Black individuals and other individuals of color;

  (D) individuals with French Canadian, French-Indian, or other mixed ethnic or racial heritage; and

  (E) in the commissioners’ discretion, other populations and communities that have experienced institutional, structural, and systemic discrimination caused or permitted by State laws and policies.

  (2)(A) Each committee shall consist of the commissioners and members appointed by the commissioners in consultation with the populations and communities identified pursuant to subdivision (1) of this subsection (b).

  (B) The commissioners shall ensure that the members of each committee shall be broadly representative of the populations and communities who are the subject of that committees’ work.

  (C) The commissioners may appoint not more than 30 committee members in the aggregate across all of the committees established pursuant to subdivision 906(a)(1) of this chapter.

  (D)(i) Except as otherwise provided pursuant to subdivision (ii) of this subdivision (2)(D), committee members shall be entitled to per diem compensation and reimbursement of expenses as permitted under 32 V.S.A. § 1010 for not more than eight meetings per calendar year. These payments shall be made from monies appropriated to the Commission.

  (ii) The commissioners may authorize committee members to receive per diem compensation and reimbursement of expenses as permitted under 32 V.S.A. § 1010 for additional meetings in each calendar year. Payments for additional meetings shall be made from grants or additional funding received by the Commissioners pursuant to subdivision 906(b)(11) of this chapter. In no event shall the per diem compensation and reimbursement of expenses for any additional meetings exceed the amounts permitted pursuant to 32 V.S.A. § 1010.

  (3) Nothing in this subsection shall be construed to require the Commission to examine institutional, structural, and systemic discrimination experienced by the populations and communities identified in subdivision (1) of this subsection in isolation or separately from each other. (Added 2021, No. 128 (Adj. Sess.), § 2, eff. May 24, 2022; repealed on May 1, 2027 by 2021, No. 128 (Adj. Sess.), § 4.)

• § 903. Commissioners

  (a) Commissioners shall be full-time State employees and shall be exempt from the State classified system.

  (b) The commissioners shall receive compensation equal to one-half that of a Superior Court Judge.

  (c) The term of each commissioner shall begin on the date of appointment and end on May 1, 2027. (Added 2021, No. 128 (Adj. Sess.), § 2, eff. May 24, 2022; repealed on May 1, 2027 by 2021, No. 128 (Adj. Sess.), § 4; amended 2023, No. 107 (Adj. Sess.), § 2, eff. May 13, 2024.)

• § 904. Selection Panel; membership; duties

  (a) The Selection Panel shall be composed of the following five members:

  (1) the Executive Director of Racial Equity or designee;

  (2) the Executive Director of the Vermont Center for Independent Living or designee;

  (3) an individual, who shall not be a current member of the General Assembly, appointed by the Speaker of the House;

  (4) an individual, who shall not be a current member of the General Assembly, appointed by the Committee on Committees; and

  (5) an individual, appointed by the Chief Justice of the Vermont Supreme Court.

  (b)(1) The Selection Panel shall select and appoint the commissioners of the Truth and Reconciliation Commission as provided pursuant to section 905 of this chapter.

  (2) To enable it to carry out its duty to select and appoint the commissioners of the Truth and Reconciliation Commission as provided pursuant to section 905 of this chapter, the Panel may:

  (A) adopt procedures as necessary to carry out the duties set forth in section 905 of this chapter; and

  (B) meet and hold hearings at any place in this State.

  (c) The term of each member of the Panel shall begin on the date of appointment and end on May 1, 2027.

  (d) The Panel shall select a chair and a vice chair from among its members.

  (e)(1) Meetings shall be held at the call of the Chair or at the request of four or more members of the Panel.

  (2) A majority of the current membership of the Panel shall constitute a quorum, and actions of the Panel may be authorized by a majority of the members present and voting at a meeting of the Panel.

  (f) Members of the Panel who are not otherwise compensated by the State shall be entitled to per diem compensation and reimbursement of expenses pursuant to 32 V.S.A. § 1010 for meetings to carry out the Panel’s duties pursuant to this section and sections 905 and 905a of this chapter. These payments shall be made from amounts appropriated to the Truth and Reconciliation Commission.

  (g) The Panel shall have the administrative and legal assistance of the Truth and Reconciliation Commission.

  (h)(1) A member of the Panel who is not serving ex officio may be removed by the appropriate appointing authority for incompetence, failure to discharge the member’s duties, malfeasance, or illegal acts.

  (2) A vacancy occurring on the Panel shall be filled by the appropriate appointing authority for the remainder of the term. (Added 2021, No. 128 (Adj. Sess.), § 2, eff. May 24, 2022; repealed on May 1, 2027 by 2021, No. 128 (Adj. Sess.), § 4; amended 2023, No. 107 (Adj. Sess.), § 3, eff. May 13, 2024.)

• § 905. Selection of commissioners

  (a)(1) Except as otherwise provided pursuant to subdivision (c)(1) of this section, the Selection Panel shall, on or before December 31, 2022, select three individuals to serve as the commissioners of the Vermont Truth and Reconciliation Commission.

  (2) In carrying out its duty to select the commissioners, the Panel shall:

  (A) Establish a public, transparent, and simple process for candidates to apply to serve as a commissioner.

  (B) Publicize the application process, deadlines, and requirements to serve as a commissioner through media outlets, civil society organizations, and any other forms of public outreach that the Panel determines to be appropriate.

  (C) Solicit nominations for individuals to serve as commissioners from civil society organizations in Vermont whose work relates to the mission of the Commission.

  (D) Invite Vermont residents to submit applications to serve as commissioners.

  (E) Hold one or more public hearings to provide an opportunity for members of the public to meet and ask questions of the finalists to serve as a commissioner.

  (F) Hold private interviews with each individual selected by the Panel as a finalist for selection as a commissioner.

  (G) Conduct criminal history record checks for finalists, provided that the Panel shall only consider felony convictions or convictions for crimes involving untruthfulness or falsification. A finalist who has been convicted of a felony or a crime involving untruthfulness or falsification shall be afforded an opportunity to explain the information and the circumstances regarding the conviction, including postconviction rehabilitation.

  (H) Take any other actions that the Panel deems appropriate or necessary to carry out its duties in relation to the selection of commissioners.

  (3) The three commissioners selected by the Panel shall:

  (A) be residents of Vermont;

  (B) not be members of the Selection Panel;

  (C) have knowledge of the problems and challenges facing the populations and communities identified pursuant to subdivisions 902(b)(1)(A)–(D) of this chapter; and

  (D) satisfy any additional criteria established by the Panel.

  (b) Not later than five days after selecting the commissioners pursuant to subsection (a) of this section, the Panel shall submit a brief report to the Governor and the General Assembly identifying the commissioners. The names of the commissioners shall be made available to the public on the same day that the report is submitted.

  (c)(1) If the Panel is unable to identify three suitable applicants on or before December 31, 2022, the Panel may by a majority vote extend the time to select commissioners to March 31, 2023.

  (2) If the Panel extends the time to select commissioners pursuant to this subsection, the Panel shall, on or before January 5, 2023, submit a brief written report to the House Committee on General, Housing, and Military Affairs and the Senate Committee on Government Operations providing notice of its decision to extend the time to select commissioners and its reasons for doing so and identifying any changes to the provisions of this chapter that may be necessary to enable the Panel to successfully identify and select commissioners.

  (d) The Panel shall fill any vacancy occurring among the commissioners within 60 days after the vacancy occurs in the manner set forth in subsections (a) and (b) of this section. A commissioner appointed to fill a vacancy pursuant to this subsection shall be appointed to serve for the balance of the unexpired term. (Added 2021, No. 128 (Adj. Sess.), § 2, eff. May 24, 2022; repealed on May 1, 2027 by 2021, No. 128 (Adj. Sess.), § 4; amended 2023, No. 107 (Adj. Sess.), § 4, eff. May 13, 2024.)

• § 905a. Removal or reprimand of commissioners for misconduct

  The Selection Panel may, after notice and an opportunity for a hearing, reprimand or remove a commissioner for incompetence, failure to discharge the commissioner’s duties, malfeasance, illegal acts, or other actions that the Panel determines would substantially and materially harm the credibility of the Truth and Reconciliation Commission or its ability to carry out its work pursuant to the provisions of this chapter. Notwithstanding subdivision 904(e)(2) of this chapter, the reprimand or removal of a commissioner shall only be authorized by a vote of the majority of the members of the Panel. (Added 2023, No. 107 (Adj. Sess.), § 6, eff. May 13, 2024; repealed on May 1, 2027 by 2021, No. 128 (Adj. Sess.), § 4.)

• § 906. Powers and duties of the commissioners

  (a) Duties. The commissioners shall:

  (1) establish, in consultation with the populations and communities identified pursuant to subdivision 902(b)(1) of this chapter and other interested parties in the commissioners’ discretion, committees to examine institutional, structural, and systemic discrimination caused or permitted by State laws and policies that have been experienced by the populations and communities identified pursuant to subdivision 902(b)(1) of this chapter;

  (2) determine, in consultation with the populations and communities identified pursuant to subdivision 902(b)(1) of this chapter, historians, social scientists, experts in restorative justice, and other interested parties in the commissioners’ discretion, the scope and objectives of the work to be carried out by each committee established pursuant to subdivision (1) of this subsection;

  (3) develop and implement a process for each committee established pursuant to subdivision (1) of this subsection to fulfill the objectives established pursuant to subdivision (2) of this subsection;

  (4) work with the committees and Commission staff to carry out research, public engagement, and other work necessary to:

  (A) identify and examine historic and ongoing institutional, structural, and systemic discrimination against members of the populations and communities identified pursuant to subdivision 902(b)(1) of this chapter that has been caused or permitted by State laws and policies;

  (B) determine the current status of members of the populations and communities identified pursuant to subdivision 902(b)(1) of this chapter; and

  (C) satisfy the scope of work and the objectives established pursuant to subdivision (1) of this subsection (a);

  (5) work with the committees and Commission staff to identify potential programs and activities to create and improve opportunities for or to eliminate disparities experienced by the populations and communities that are the subject of the committees’ work;

  (6) work with the committees and Commission staff to identify potential educational programs related to historic and ongoing institutional, structural, and systemic discrimination against members of the populations and communities that are the subject of the committees’ work;

  (7) work in consultation with the populations and communities identified pursuant to subdivision 902(b)(1) of this chapter, experts in restorative justice, and, in the commissioners’ discretion, other interested parties to ensure that the work of the Commission is open, transparent, inclusive, and meaningful; and

  (8) supervise the work of the Executive Director of the Commission.

  (b) Powers. To carry out its duties pursuant to this chapter, the commissioners may:

  (1) [Repealed.]

  (2) Adopt procedures as necessary to carry out the duties set forth in subsection (a) of this section.

  (3) Establish and maintain a principal office.

  (4) Meet and hold hearings at any place in this State.

  (5) Consult with local, national, and international experts on issues related to discrimination, truth and reconciliation, and restorative justice.

  (6) Interview and take statements from members of the populations and communities identified pursuant to subdivision 902(b)(1) of this chapter; members of the public; and persons with knowledge of the institutional, structural, and systemic discrimination experienced by such populations and communities.

  (7) Study, research, investigate, and report on the impact of State laws and policies on populations and communities identified pursuant to subdivision 902(b)(1) of this chapter. If the Commission determines that particular laws or policies caused or permitted institutional, structural, and systemic discrimination against a population or community, regardless of whether the discrimination was intentional or adversely impacted the population or community, the Commission may propose legislative or administrative action to the General Assembly or Governor, as appropriate, to remedy the impacts on the population or community.

  (8) Enter into cooperative agreements with private organizations or individuals or with any agency or instrumentality of the United States or of this State to carry out the provisions of this chapter.

  (9) Make and execute legal documents necessary or convenient for the exercise of its powers and duties under this chapter.

  (10) Hire consultants and independent contractors to assist the Commission in carrying out the provisions of this chapter.

  (11) Seek grants or funding other than annual State appropriations to further the work of the Commission.

  (12) Take any other actions necessary to carry out the provisions of this chapter.

  (13)(A) Establish groups in which individuals who have experienced institutional, structural, or systemic discrimination or are a member of a population or community that has experienced institutional, structural, or systemic discrimination may participate for purposes of sharing experiences and providing mutual support.

  (B) Commissioners shall not participate in any meeting or session of a group established pursuant to this subdivision (13).

  (C) Groups established pursuant to this subdivision (13) may continue to exist after the date on which the Commission ceases to exist, provided that after that date Commission staff shall no longer provide any assistance or services to the groups and Commission funds shall no longer be spent in support of the groups. (Added 2021, No. 128 (Adj. Sess.), § 2, eff. May 24, 2022; repealed on May 1, 2027 by 2021, No. 128 (Adj. Sess.), § 4; amended 2023, No. 107 (Adj. Sess.), § 7, eff. May 13, 2024.)

• § 907. Executive Director; duties

  (a) The Commissioners shall appoint an Executive Director. The Executive Director shall be a full-time State employee, shall be exempt from the State classified system, and shall serve at the pleasure of the commissioners.

  (b) The Executive Director shall be responsible for the following:

  (1) supervising and administering the implementation of the provisions of this chapter on behalf of the commissioners;

  (2) assisting the commissioners in carrying out their duties;

  (3) ensuring that the Commission has the resources and staff assistance necessary to collect historical materials, take statements from individuals, hold public hearings and events, and prepare and publish reports and other documents;

  (4) facilitating communications between the Commission and members of the populations and communities identified pursuant to subdivision 902(b)(1) of this chapter, interested parties, and members of the public;

  (5) hiring staff, including researchers and administrative and legal professionals, as necessary to carry out the duties of the Commission; and

  (6) preparing an annual budget for submission to the commissioners. (Added 2021, No. 128 (Adj. Sess.), § 2, eff. May 24, 2022; repealed on May 1, 2027 by 2021, No. 128 (Adj. Sess.), § 4.)

• § 908. Reports

  (a) On or before January 15, 2024, the Commission shall submit to the Governor and General Assembly an interim report on the Commission’s progress to date, the committees established pursuant to subdivision 906(a)(1) of this chapter and the scope and objectives of their work, emerging themes and issues that the Commission has identified, and, if available, any preliminary findings and recommendations for legislative or other action that the Commission believes should be prioritized to address instances of institutional, structural, and systemic discrimination identified by the Commission.

  (b)(1) On or before April 15, 2027, the Commission shall submit a final report incorporating the findings and recommendations of each committee. Each report shall detail the findings and recommendations of the relevant committee and shall include recommendations for actions that can be taken to eliminate ongoing instances of institutional, structural, and systemic discrimination and to address the harm caused by historic instances of institutional, structural, and systemic discrimination.

  (2) The Commission shall, on or before October 15, 2026, make a draft of the final report publicly available and provide copies of the draft to interested parties from the populations and communities identified pursuant to subdivision 902(b)(1) of this chapter and other interested parties. The Commission shall provide the interested parties and members of the public with not less than 60 days to review the draft and provide comments on it. The Commission shall consider fully all comments submitted in relation to the draft and shall include with the final version of the report a summary of all comments received and a concise statement of the reasons why the Commission decided to incorporate or reject any proposed changes. Comments submitted in relation to the final report shall be made available to the public in a manner that complies with the requirements of section 909 of this chapter.

  (3) The draft and final report shall include:

  (A) a bibliography of all sources, interviews, and materials utilized in preparing the report;

  (B) a summary of the interviews utilized in preparing the report, including the total number of interviews, and whether each interview was public or confidential, and whether a transcript or summary, or both, is available for each interview; and

  (C) information regarding where members of the public can access and obtain copies of the sources and materials utilized in preparing the report, including the transcripts or summaries of interviews.

  (c) The Commission may, in its discretion, issue additional reports to the Governor, General Assembly, and public. (Added 2021, No. 128 (Adj. Sess.), § 2, eff. May 24, 2022; repealed on May 1, 2027 by 2021, No. 128 (Adj. Sess.), § 4; amended 2023, No. 107 (Adj. Sess.), § 8, eff. May 13, 2024.)

• § 909. Access to information; confidentiality

  (a) Access to State records and information.

  (1) The Commission shall have access to and the right to copy any record or other information held by all executive, administrative, and judicial agencies and departments and all instrumentalities of the State. All executive, administrative, and judicial agencies and departments and all instrumentalities of the State shall cooperate with the Commission with respect to any request for access to any record or other information and shall provide all records or other information requested by the Commission to the extent permitted by law.

  (2) The Commission shall keep confidential any information received from an executive, administrative, or judicial agency or department or an instrumentality of the State that is confidential or is exempt from the Public Records Act.

  (b) Confidentiality requirements.

  (1) Except as otherwise provided pursuant to subsection (c) of this section, information and records acquired by or provided to the Commission that would in any manner reveal an individual’s identity shall be kept confidential and shall be exempt from public inspection and copying under the Public Records Act.

  (2) The Commission shall not include the personally identifying information of any individual in any report that it produces without the express, written consent of the individual.

  (c) Exceptions.

  (1) Except as provided in subdivision (2) of this subsection, information and records acquired by or provided to the Commission shall only be available to the public in an anonymized form that does not reveal the identity of any individual.

  (2) Information or records acquired by or provided to the Commission may be disclosed in a manner that would reveal the identity of an individual if that individual has provided their express, written consent to the disclosure of the information or record in a manner that would reveal their identity.

  (d) Private proceedings.

  (1) Notwithstanding any provision of chapter 5, subchapter 2 of this title, the Vermont Open Meeting Law, or section 911 of this chapter to the contrary, the Commission shall permit any individual who is interviewed by the Commission to elect to have the individual’s interview conducted in a manner that protects the individual’s privacy and to have any recording of the interview kept confidential by the Commission. Any other record or document produced in relation to an interview conducted pursuant to this subdivision (d)(1) shall be available to the public in an anonymized form that does not reveal the identity of any individual.

  (2) The Commission shall adopt procedures and safeguards to ensure to the greatest extent possible that it does not conduct any interview in a manner that is open to the public if the interview will reveal the identities of individuals other than the interviewee without the express, written consent of those individuals. (Added 2021, No. 128 (Adj. Sess.), § 2, eff. May 24, 2022; repealed on May 1, 2027 by 2021, No. 128 (Adj. Sess.), § 4; amended 2023, No. 107 (Adj. Sess.), § 9, eff. May 13, 2024.)

• § 910. Establishment of positions

  The establishment of the following exempt limited-service positions within the Truth and Reconciliation Commission is authorized in fiscal year 2023:

  (1) one Executive Director;

  (2) one Staff Attorney;

  (3) one Researcher; and

  (4) one Administrative Assistant. (Added 2021, No. 128 (Adj. Sess.), § 2, eff. May 24, 2022; repealed on May 1, 2027 by 2021, No. 128 (Adj. Sess.), § 4.)

• § 911. Deliberative discussions; exception to open meeting law

  (a) Notwithstanding any provision of chapter 5, subchapter 2 of this title, the deliberations of a quorum or more of the members of the Commission shall not be subject to the Vermont Open Meeting Law.

  (b) The Commission shall regularly post to the Commission’s website a short summary of all deliberative meetings held by the commissioners pursuant to this subsection.

  (c)(1) As used in this section, “deliberations” means weighing, examining, and discussing information gathered by the Commission and the reasons for and against an act or decision.

  (2) “Deliberations” expressly excludes:

  (A) taking evidence, except as otherwise provided pursuant to section 909 of this chapter;

  (B) hearing arguments for or against an act or decision of the Commission;

  (C) taking public comment; and

  (D) making any decision related to an act or the official duties of the Commission. (Added 2023, No. 107 (Adj. Sess.), § 10, eff. May 13, 2024; repealed on May 1, 2027 by 2021, No. 128 (Adj. Sess.), § 4.)

• § 912. Group sessions; duty of confidentiality

  (a) The sessions of groups established pursuant to subdivision 906(b)(13) of this chapter shall be confidential and privileged. Participants in a group session, including Commission staff or individuals whom the Commission contracts with to facilitate group sessions, shall be subject to a duty of confidentiality and shall keep confidential any information gained during a group session.

  (b) A person who attended a group session may bring a private action in the Civil Division of the Superior Court for damages resulting from a breach of the duty of confidentiality established pursuant to this section.

  (c) This section shall not be construed to limit or otherwise affect the application of a common law duty of confidentiality to group sessions and any action that may be brought based on a breach of that duty.

  (d) Nothing in this section shall be construed to prohibit the limited disclosure of information to specific persons under the following circumstances:

  (1) The disclosure:

  (A) relates to a threat or statement of a plan made during a group session that the individual reasonably believes is likely to result in death or bodily injury to themselves or others or damage to the property of themselves or another person; and

  (B) is made to law enforcement authorities or another person that is reasonably able to prevent or lessen the threat.

  (2) The disclosure is based on a reasonable suspicion of abuse or neglect of a child or vulnerable adult and a report is made in accordance with the provisions of 33 V.S.A. § 4914 or 6903 or to comply with another law.

  (e) The Commission shall ensure that all participants in a group session are provided with notice of the provisions of this section, including any rights and obligations of participants that are established pursuant to this section.

  (f) As used in this section, “group session” means any meeting of a group established pursuant to subdivision 906(b)(13) of this chapter for purposes of the participants sharing or discussing their experiences and providing mutual support. “Group session” does not include any gathering of the participants in a group established pursuant to subdivision 906(b)(13) of this chapter that includes one or more members of the Commission. (Added 2023, No. 107 (Adj. Sess.), § 12, eff. May 13, 2024; repealed on May 1, 2027 by 2021, No. 128 (Adj. Sess.), § 4.)