§ 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 Repealed. 2005, No. 215 (Adj.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(b) [Repealed.]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. 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 the position
or to a position of like seniority, status, and class, or the nearest approximation
as the person would have had if the person had been continually employed by the State,
provided such person:
(1) terminates service or active duty with the U.S. Armed Forces at the conclusion of
the person’s initial period of service or tour of duty, together with involuntary
extensions of service or tour of duty, and furnishes a certificate or other valid
evidence of satisfactory completion of military service;
(2) is still qualified to perform the duties of the person’s position with the State;
and
(3) makes application for reemployment within 90 days after being relieved of 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 the 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 that is vacant, the person shall
be assigned to another position so as to provide the person with the same seniority,
status, and class, or the nearest approximation as the person would have had if the
person had been continuously employed by the State.
(c) The words permanent employment shall not be construed as including any position that
is elective or appointive where a term of office has expired. (Amended 2025, No. 18, § 8, eff. May 13, 2025.)
§ 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.
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