The Vermont Statutes Online

Title 3: Executive

Chapter 011: State Officers and Employees Generally

• § 251. Repealed. 2005, No. 215 (Adj. Sess.), § 55.

• § 252. Cost of bonds; blanket bond

  The cost of such bonds shall be paid from the appropriations of the departments in which such officer or employee serves. In procuring such bonds the Governor is authorized to purchase blanket or schedule surety contracts with such company as he or she shall determine.

• § 253. Deputy officers

  (a) The following named commissioners, directors, and State officials may each appoint a deputy who shall perform such duties as the appointing official shall direct, with the approval of the Governor, remove him or her at pleasure and be responsible for his or her acts: Treasurer, Secretary of State, Auditor of Accounts, Labor, and Motor Vehicles.

  (b) [Repealed.]

  (c)(1) The Commissioner of Financial Regulation, with the approval of the Governor, shall appoint a Deputy Commissioner of Banking, a Deputy Commissioner of Insurance, a Deputy Commissioner of Captive Insurance, and a Deputy Commissioner of Securities. The Commissioner of Financial Regulation may remove the deputy commissioners at pleasure and shall be responsible for their acts. The functions and duties that relate to banks and banking shall be in the charge of the Deputy Commissioner of Banking; those that relate to the business of insurance shall be in the charge of the Deputy Commissioner of Insurance; those that relate to the business of captive insurance shall be in the charge of the Deputy Commissioner of Captive Insurance; and those that relate to the business of securities shall be in the charge of the Deputy Commissioner of Securities.

  (2) In the case of a vacancy in the Office of the Commissioner of Financial Regulation, one of the deputies appointed by the Commissioner shall assume and discharge the duties of that Office until the vacancy is filled or the Commissioner returns.

  (d) In case a vacancy occurs in the office of any appointing official who by law is authorized to appoint a deputy, or such official is absent, his or her deputy shall assume and discharge the duties of such office until the vacancy is filled or the official returns.

  (e)(1) The Secretary of Agriculture, Food and Markets, with the approval of the Governor, shall appoint a Deputy Secretary. The Secretary of Agriculture, Food and Markets may remove the Deputy Secretary at pleasure, and he or she shall be responsible for the Deputy Secretary’s acts. The Agency of Agriculture, Food and Markets shall be so organized that, subject to the supervision of the Secretary of Agriculture, Food and Markets, the functions and duties that relate to administration and enforcement shall be in the charge of the Deputy Secretary.

  (2) In case a vacancy occurs in the Office of the Secretary of Agriculture, Food and Markets, the Deputy Secretary shall assume and discharge the duties of the Secretary until the vacancy is filled or the Secretary returns.

  (f) All such appointments shall be in writing and recorded in the Office of the Secretary of State. (Amended 1959, No. 328 (Adj. Sess.), § 2; 1959, No. 329 (Adj. Sess.), § 8, eff. March 1, 1961; 1965, No. 125, § 14, eff. July 2, 1965; 1966, No. 11 (Sp. Sess.), eff. Feb. 23, 1966; 1967, No. 133; 1967, No. 319 (Adj. Sess.), § 4; 1973, No. 266 (Adj. Sess.), § 26, eff. April 16, 1974; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1987, No. 243 (Adj. Sess.), § 7, eff. June 13, 1988; 1989, No. 54, § 1; 1989, No. 54, § 1; 1989, No. 225 (Adj. Sess.), §§ 23, 25a; 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 1995, No. 180 (Adj. Sess.), § 1; 2003, No. 42, § 2, eff. May 27, 2003; 2003, No. 55, § 10a, eff. June 4, 2003; 2009, No. 158 (Adj. Sess.), § 3; 2011, No. 78 (Adj. Sess.), § 2, eff. April 2, 2012; 2015, No. 23, § 140.)

• § 254. Term of officer elected by General Assembly

  The term of an officer elected by the General Assembly shall commence on March 1 in the year of such election and continue, if no other term is fixed by law, for the term of two years from and including such first day of March, and until his or her successor is elected and has qualified. (Amended 1985, No. 196 (Adj. Sess.), § 12.)

• § 255. Term of officer appointed without advice and consent of Senate

  The term of an officer appointed by the Governor, without the advice and consent of the Senate, shall commence on the day when such appointee qualifies, and shall continue, where no other term is fixed by law, until March 1 of the next biennial year and until his successor is appointed and has qualified.

• § 256. Term of officer appointed with advice and consent of Senate

  (a) Whenever it is provided by law that an office shall be filled by appointment with the advice and consent of the Senate, such appointment shall be made during the month of February, and the term of office of a person so appointed shall commence on the first day of March thereafter.

  (b) Notwithstanding any other provision of law, all secretaries of State agencies and all commissioners of State departments shall take office only with the advice and consent of the Senate except in the case of an appointment to fill a vacancy when the General Assembly is not in session in which case the appointee may take office subject to the provisions of section 257 of this title. (Amended 1975, No. 84, § 1, eff. April 24, 1975; 2013, No. 92 (Adj. Sess.), §§ 247, 302, eff. Feb. 14, 2014.)

• § 257. Appointments and vacancies requiring advice and consent of Senate

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

  (b) When a vacancy occurs in an office requiring appointment with the advice and consent of the Senate, an appointment may be made to fill the vacancy. If the appointment to fill the vacancy is made during any adjournment of the General Assembly the person appointed may validly function in that office during adjournment until the Senate convenes at the next regular, adjourned, or special session and acts upon the appointment submitted forthwith by the Governor; or if the appointment to fill the vacancy is made during any session of the General Assembly, the person appointed may validly function in that office until the Senate shall act upon the appointment submitted forthwith by the Governor. Thereafter the appointee shall continue in office if the Senate consents to the appointment. (Amended 1975, No. 84, § 2, eff. April 24, 1975; 1977, No. 178 (Adj. Sess.).)

• § 258. Removal of civil officers

  The Governor may remove any civil officer whose appointment devolves upon the Governor in the first instance, whether appointed by him or her or any of his or her predecessors, with or without the advice and consent of the Senate, and appoint a suitable person to succeed such official, subject to removal in his or her discretion, who shall be sworn and give the bond, if any, required by law. Such person, unless sooner removed, shall perform the duties and be entitled to the pay of the person whom he or she succeeds, until March 1 of the next biennial year and until his or her successor is appointed and has qualified.

• § 259. Holding over

  Each State and county officer elected or appointed for a definite term, unless other provision is made by the Constitution or under the express terms of a statute, shall continue to exercise the duties of such office until a successor is duly elected or appointed and has qualified.

• § 260. Location of offices

  (a) The following State officers shall have their offices in Montpelier in quarters to be designated from time to time by the Governor: the Governor, State Treasurer, Secretary of State, Auditor of Accounts, and Attorney General.

  (b) The principal office of each administrative department shall be located at such location as the Secretary of Administration determines with the approval of the Governor, except that the principal Office of the Military Department shall be at Camp Johnson.

  (c) [Repealed.]

  (d) If either Montpelier, Burlington, or Camp Johnson, in the opinion of the Governor, becomes an unsafe place because of an enemy attack or threatened attack upon the United States or Canada, such offices, while such unsafe condition is continued, may be located elsewhere in quarters to be designated from time to time by him or her.

  (e) This section shall not apply to the State House, the use of which shall be under the exclusive direction of the General Assembly. (Amended 1959, No. 12, § 1, eff. March 4, 1959; 1959, No. 329 (Adj. Sess.), § 5, eff. March 1, 1961; 1961, No. 1, eff. Feb. 3, 1961; 1971, No. 213 (Adj. Sess.), § 4, eff. April 3, 1972; 1975, No. 114, § 12; 2007, No. 200 (Adj. Sess.), § 34, June 9, 2008; 2015, No. 97 (Adj. Sess.), § 2; 2021, No. 66, § 2, eff. June 7, 2021.)

• § 261. Officers of State institutions

  A trustee or supervisor of a State institution, except the University of Vermont and State Agricultural College, shall not be employed in any capacity in such institution, nor shall the Commissioner of Corrections be employed in any capacity in any State institution over which he or she has supervision or charge. If such an officer accepts employment in a State institution contrary to the provisions of this section, his or her office shall be vacant. (Amended 1967, No. 106, § 2.)

• § 262. Employment of aliens

  No department or commission of the State government shall regularly employ an alien. However, physicians or other qualified health personnel required to have specialized or graduate training, each of whom has filed a declaration of intention to become a citizen, may be considered as eligible for employment in the absence of a register of qualified applicants for vacancies. The Commissioner of Corrections may employ alien physicians in a postgraduate training position for a period not to exceed two years. The Secretary of Transportation, as an emergency measure due to a nationwide shortage of engineers may employ not more than 10 qualified aliens, each of whom has filed a declaration to become a citizen; admitted under the Refugee Relief Act of 1953, as amended, or paroled in under the Immigration and Nationality Act of 1952, for a period not to exceed five years from date of appointment as a State employee, in engineering positions in the Agency of Transportation to expedite the surveying, designing and construction of Vermont highways and bridges. The Department of Development may employ outside the classified service aliens in any office located outside the United States, providing the individuals so employed are citizens of the nation in which the office is located. (Amended 1963, No. 88, eff. May 10, 1963; 1967, No. 79, eff. April 12, 1967; 1967, No. 106, § 2; 1969, No. 213 (Adj. Sess.), eff. March 25, 1970.)

• § 263. Employees entering armed forces

  (a) A person in the permanent employ of the State of Vermont who is or has been inducted or ordered into the active service of the U.S. Armed Forces or who voluntarily enlists or was enlisted in such service in time of war or national emergency, or who is ordered to active duty as a member of a reserve component of the U.S. Armed Forces and thus for any of these causes leaves a permanent position, shall be restored to such position or to a position of like seniority, status, and class, or the nearest approximation thereto as he or she would have had if he or she had been continually employed by the State, provided such person;

  (1) terminates such service or active duty with the U.S. Armed Forces at the conclusion of his or her initial period of service or tour of duty, together with involuntary extensions thereof, and furnishes a certificate or other valid evidence of satisfactory completion of such military service;

  (2) is still qualified to perform the duties of his or her position with the State; and

  (3) makes application for reemployment within 90 days after being relieved of such military service.

  (b) If a person returning to a position in State employment under the provisions of subsection (a) of this section is not qualified to perform the duties of such position by reason of disability sustained during such service but is qualified to perform the duties of some other position in the employ of the State which is vacant, such person shall be assigned to such other position so as to provide him or her with the same seniority, status and class, or the nearest approximation thereof as he or she would have had if he or she had been continuously employed by the State.

  (c) The words permanent employment shall not be construed as including any position which is elective or appointive wherein a term of office has expired.

• § 264. Accumulated sick leave

  An employee who has an accumulated sick leave balance shall be authorized its use although recovery and return to duty is impossible. However, periodically, at the request of the appointing authority or representative, the disability or illness and inability to perform position requirements, must be certified to by a licensed physician or osteopath. No sick leave shall be authorized beyond mandatory retirement age under the Retirement System. (Added 1971, No. 231 (Adj. Sess.), § 1.)

• § 265. Certified emergency volunteer leave

  (a) Any State employee who is a certified disaster relief service volunteer of the American Red Cross may, with the authorization of the employee’s supervisor, be granted leave not to exceed 15 working days in any fiscal year to participate in specialized disaster relief service work if:

  (1) the request for service is made by the American Red Cross; and

  (2)(A) the disaster relief services are to be performed in Vermont; or

  (B) the disaster is a federal or presidentially declared disaster designated as Level III or above according to the American National Red Cross regulations and procedures; or

  (C) the disaster is declared by the governor of a state or territory.

  (b) An employee granted leave under this section shall not lose seniority, accumulated vacation leave, sick leave, or earned overtime. In addition, the employee shall be paid the employee’s regular pay based on regular work hours during the leave, provided that the disaster relief services are performed in Vermont or the services are performed in another state and pay during such service is authorized by the Governor.

  (c) The State shall not be liable for workers’ compensation claims of the employee arising out of the disaster relief service work. (Added 1995, No. 115 (Adj. Sess.), § 1, eff. Apr. 23, 1996.)

• § 266. Repealed. 2009, No. 149 (Adj. Sess.), § 2.

• § 267. Executive officers; postemployment restrictions

  (a) Prior participation while in State employ.

  (1) An Executive officer, for one year after leaving office, shall not, for pecuniary gain, be an advocate for any private entity before any public body or the 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 Executive officer had participated personally and substantively while in State employ.

  (2) The prohibition set forth in subdivision (1) of this subsection applies to any matter the Executive officer 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.

  (b) Prior official responsibility. An Executive officer, for one year after leaving office, shall not, for pecuniary gain, be an advocate for any private entity before any public body or the General Assembly or its committees regarding any particular matter in which the officer had exercised any official responsibility.

  (c) Exemption. The prohibitions set forth in subsections (a) and (b) of this section shall not apply if the former Executive officer’s only role as an advocate would exempt that former officer from registration and reporting under 2 V.S.A. § 262.

  (d) Public body enforcement. A public body shall disqualify a former Executive officer from his or her appearance or participation in a particular matter if the officer’s appearance or participation is prohibited under this section.

  (e) Definitions. As used in this section:

  (1) “Advocate” means a person who assists, defends, or pleads.

  (2) “Executive officer” means:

  (A) the Governor, Lieutenant Governor, Treasurer, Secretary of State, Auditor of Accounts, or Attorney General; or

  (B) under the Office of the Governor, an agency secretary or deputy or a department commissioner or deputy.

  (3) “Private entity” means any person, corporation, partnership, joint venture, or association, whether organized for profit or not for profit, except one specifically chartered by the State of Vermont or that relies upon taxes for at least 50 percent of its revenues.

  (4) “Public body” means any 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. (Added 2017, No. 79, § 2.)

• § 268. Repealed. 2018, No. 2 (Sp. Sess.), § 11, eff. January 4, 2023.

  (Added 2018, No. 2 (Sp. Sess.), § 9; repealed on Jan. 4, 2023 by 2018, No. 2 (Sp. Sess.), § 11; 2019, No. 144 (Adj. Sess.), § 18.)