The Vermont Statutes Online

Title 3: Executive

Chapter 013: Classification of State Personnel

• §§ 301, 302. Repealed. 1987, No. 243 (Adj. Sess.), § 8, eff. June 13, 1988.

• §§ 303-305. Repealed. 1981, No. 249 (Adj. Sess.), § 31, eff. July 4, 1982.

• §§ 306, 307. Repealed. 1969, No. 113, § 7.

• § 308. Repealed. 1959, No. 331 (Adj. Sess.), § 15, eff. Feb. 9, 1960.

• § 309. Duties of Commissioner of Human Resources

  (a) The Commissioner, as administrative head of the Department, shall direct and supervise all its administrative and technical activities. In addition to the duties imposed elsewhere in this chapter, it shall be the Commissioner’s duty:

  (1) To apply and carry out this chapter and the rules adopted thereunder.

  (2) To establish and maintain a roster of all classified employees in the State civil service, in which there shall be set forth, as to each employee, the class title, pay or status and other pertinent data.

  (3) To foster and develop, in cooperation with the appointing authorities, programs for the improvement of employee effectiveness, including orientation, training, safety, health, counseling, and welfare.

  (4) To encourage and aid in the development of effective personnel administration within the several departments in the State service, and to make available the facilities of the Department of Human Resources to this end.

  (5) To investigate from time to time the operation and effect of this chapter and of the rules made thereunder and to report his or her findings to the Secretary of Administration and to the Governor.

  (6) To make such reports regarding the work of the Department of Human Resources as the Commissioner may consider desirable and as may be required of the Commissioner to the Secretary of Administration and to the Governor.

  (7) To maintain a continuous study of the status and availability of temporary employees, to receive and maintain adequate records and reports as to those employees, and cooperate with the State employment service in establishing lists of persons available for temporary employment.

  (8) To establish a standard reporting form on contractual employees and to receive and maintain records indicating their status.

  (9) To establish an employee census report providing for the systematic and regular accounting of all persons employed by the State in all categories of employment.

  (10) To maintain registers of persons eligible for employment and to verify the availability of those persons certified to an appointing authority.

  (11) To cooperate with all State agencies in initiating and maintaining a trainee-internship program, a recruitment program for clerical, administrative, and professional positions, which shall include visits to Vermont high schools, colleges, and universities.

  (12) To design and make available to all State agencies service rating forms.

  (13) To compile and publish a manual, which shall be kept current, containing the pertinent statutes, rules, and regulations of the Department of Human Resources and its rules of procedure and forms prescribed for use by rule or regulation.

  (14) To perform any other lawful act that may be necessary and proper to carry out the purposes and provisions of this chapter.

  (15) With the approval of the Governor, the Commissioner may appoint and employ a general legal counsel, to be exempt from the classified service, and who shall report directly to the Commissioner of Human Resources.

  (16)-(18) [Repealed.]

  (19) Annually on or before January 15, the Commissioner of Human Resources shall submit to the General Assembly a report on the status of the State employee workforce. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection. All reporting on numbers of State employees shall include numbers stated in “full-time equivalent” positions. The report shall consolidate reports mandated by the General Assembly, as well as other information regarding developments in State employment, including:

  (A) use of temporary employees;

  (B) use of limited service positions;

  (C) vacancies of more than six months’ duration;

  (D) use of emergency volunteer leave under section 265 of this title;

  (E) development of compensation plans;

  (F) developments in equal employment opportunity;

  (G) use of the position management system;

  (H) abolished or transferred classified and exempt State positions.

  (20) To maintain a central payroll office, personnel earnings records, and records on authorized deductions.

  (21) To certify, by voucher, to the Commissioner of Finance and Management all necessary and appropriate disbursements associated with the payroll function.

  (b) The Commissioner, with the approval of the Secretary of Administration, may from time to time designate in writing an employee of the Department of Human Resources to act for him or her in case of his or her absence or temporary inability from any cause to discharge the powers and duties of the Commissioner’s office. In that case the powers and duties of the Commissioner shall devolve upon his or her representative.

  (c) The Commissioner may designate appropriate persons, including officers and employees in State service, to assist in the preparation and rating of tests. An appointing authority may excuse any employee in the division or department from regular duties for the time required for work as an examiner. Such officers and employees shall not be entitled to extra pay for their services as examiners but shall be entitled to reimbursement for necessary travel and other expenses. (Amended 1959, No. 331 (Adj. Sess.), § 4, eff. Feb. 9, 1960; 1961, No. 177, § 3; 1971, No. 191 (Adj. Sess.), § 16; 1981, No. 249 (Adj. Sess.), § 23, eff. July 4, 1982; 1993, No. 210 (Adj. Sess.), § 12; 1995, No. 123 (Adj. Sess.), § 2, eff. June 6, 1996; 1997, No. 28, § 11, eff. May 15, 1997; 1999, No. 145 (Adj. Sess.), § 1; 2001, No. 142 (Adj. Sess.), § 302b; 2003, No. 156 (Adj. Sess.), § 15; 2007, No. 7, § 8; 2013, No. 142 (Adj. Sess.), § 6; 2015, No. 172 (Adj. Sess.), § E.108.3, eff. June 8, 2016.)

• § 309a. Employment of persons with disabilities

  (a) The Commissioner shall adopt rules under chapter 25 of this title in consultation with appropriate vocational rehabilitation agencies, interested private associations and organizations, and interested individuals to establish procedures on the employment of persons with disabilities.

  (b) Rules adopted by the Commissioner shall allow flexibility with respect to hiring persons with a disability. The Commissioner may require certification by the Commissioner of Disabilities, Aging, and Independent Living to accompany the usual application for employment. The Commissioner of Disabilities, Aging, and Independent Living shall indicate in its certification that:

  (1) the applicant is physically qualified to do the work without hazard to himself or herself or others; and

  (2) the applicant is competent to maintain himself or herself in a work environment.

  (c) The Commissioner, in his or her discretion, may waive qualifications which exclude a person with a disability who is otherwise qualified. A waiver may apply to competitive entrance examinations, provisions relating to previous experience, or any other requirement for qualification. A waiver is to be used for equal access to employment, not for an advantage. (Added 1977, No. 181 (Adj. Sess.), § 1, eff. April 3, 1978; amended 1989, No. 219 (Adj. Sess.), § 9; 1993, No. 210 (Adj. Sess.), § 12; 2005, No. 174 (Adj. Sess.), § 3; 2013, No. 96 (Adj. Sess.), § 6.)

• § 310. Classification plan; rules

  (a) The Department of Human Resources shall adopt a uniform and equitable plan of classification for each position within State service, now or hereafter created, including positions within the Department of Public Safety, except those positions expressly excluded by section 311 of this title or by other provisions of law. For purposes of internal position alignment and assignment of positions to salary ranges, the plan shall be based upon a job content comparison method of job evaluation. As used in this section, “job content comparison method” means a system under which positions are assigned to salary ranges based on a scale of values against which job evaluations of individual positions are compared.

  (b) It shall be the responsibility of the Department of Human Resources to perform job evaluations for each position based on current job descriptions that describe the nature, scope, and accountabilities for each class of employees. It shall be the responsibility of the head of each department to provide current job descriptions for all positions within his or her department and such other information as may be required to the Department of Human Resources in order to enable that department to carry out its responsibility under this section.

  (c) The Department of Human Resources, upon the approval of the General Assembly, shall establish and maintain a salary structure consisting of salary ranges with a minimum salary and a maximum salary for each range. Classes shall be assigned to salary ranges based upon the job evaluation provided for under subsection (b) of this section.

  (d) Subject to bargaining rights as set forth in chapter 27 of this title, the Secretary of Administration shall adopt rules and procedures to carry out the foregoing provisions of this section.

  (e) Subject to bargaining rights as set forth in chapter 27 of this title, the Commissioner of Human Resources shall make such regulations and adopt such methods of qualifying employees for positions as will make the plan effective, and shall prescribe rules governing appointments, probation, promotions, demotions, transfers, separations, vacations, sick leave, and hours of employment applicable to persons in the classified service.

  (f) The Classification and Compensation Plan and the rules and regulations for personnel administration shall be based on merit system principles and shall provide for compliance with the laws relating to preference granted to qualified persons who have served in the U.S. Armed Forces and received honorable discharge.

  (g)(1) After the requirements of an applicable collective bargaining agreement have been satisfied with regard to hiring issues and after compliance with subsection 327(a) of this title, and consistent with applicable State or federal standards for affirmative action, the State shall make a diligent effort to recruit, interview, and hire:

  (A) those applicants who meet the definition of a veteran as defined by 38 U.S.C. § 101 and who received an honorable discharge; and

  (B) the spouses of veterans, as defined in subdivision (A) of this subdivision (1), who currently receive disability compensation or improved pension from the U. S. Department of Veterans’ Affairs and are unable to work due to disability and the surviving spouses of veterans in cases where the surviving spouse currently receives dependency indemnity compensation from the U. S. Department of Veterans’ Affairs.

  (2) Veterans who apply for and meet the requirements for any open competitive recruitment that is conducted using a point-based examination and who receive a passing score shall have five points added to their competitive examination rating, and service-connected disabled veterans, veterans’ unremarried widows or widowers, and spouses of totally service-connected disabled veterans who meet the requirements for any open competitive examination and who receive a passing score shall have ten points added to their competitive examination rating, subject to the provisions contained in 20 V.S.A. § 1543.

  (h) Those individuals qualifying under subdivision (g)(1)(A) of this section shall be entitled to apply and compete for vacant positions for which recruitment is being conducted only on a statewide promotional basis.

  (i) The appeal procedures for classification and reclassification of an employee’s or employees’ positions shall be a subject for collective bargaining and when bargained this aspect of employment may be included as a grievance under subdivision 902(14) of this title.

  (j) Subject to the provisions of the collectively bargained agreements with the Vermont State Employees’ Association, the Secretary of Administration may exceed established classified pay plan maximums to implement market factor adjustments for the purpose of attracting and retaining qualified employees in the classified system. (Amended 1959, No. 331 (Adj. Sess.), § 5, eff. Feb. 9, 1960; 1961, No. 35, eff. March 24, 1961; 1961, No. 177, § 4; 1969, No. 113, § 4; 1971, No. 191 (Adj. Sess.), § 2; 1971, No. 193 (Adj. Sess.), §§ 1, 17, eff. April 3, 1972; 1975, No. 118, § 66, eff. April 30, 1975; 1979, No. 59, § 10; 1979, No. 90 (Adj. Sess.), § 1, eff. Feb. 28, 1980; 1981, No. 249 (Adj. Sess.), § 24; eff. July 4, 1982; 1989, No. 67, § 15; 1997, No. 147 (Adj. Sess.), § 274b; 2003, No. 111 (Adj. Sess.), § 1; 2003, No. 156 (Adj. Sess.), § 15; 2017, No. 85, § E.108.2.)

• § 311. Classified service defined; exceptions

  (a) The classified service to which this chapter shall apply shall include all positions and categories of employment by the State, except as otherwise provided by law, and except the following:

  (1) The General Assembly and its employees and other officers elected by popular vote or by vote of the General Assembly and persons appointed to fill vacancies in elective offices.

  (2) Members of boards and commissions and heads of departments or agencies appointed by the Governor, or with his or her approval.

  (3) One principal or executive assistant, one deputy to the head of a department or agency, one private secretary, and one executive director for each board or commission or head of a department or agency elected or appointed by the Governor or General Assembly. However, nothing in this subdivision shall be construed to prevent a board, commission, or director or head of a department or agency from designating a classified employee to perform the duties of a principal assistant, deputy, executive director, or private secretary.

  (4) Employees in the office of the Governor.

  (5) Judges, referees, receivers, jurors, and notaries public, and all other officers and employees of a court.

  (6) Presidents and heads of all State teachers colleges and employees of such colleges.

  (7) Patients or inmates employed in State institutions.

  (8) Persons employed in a professional or scientific capacity to make or conduct a temporary and special inquiry, investigation, or examination on behalf of the Legislature or a committee thereof, or by authority of the Governor.

  (9) Positions for which the salary or compensation is fixed by statute.

  (10) A person or persons engaged under retainer, contract for services as defined in section 341 of this title, or special agreement.

  (11) Persons employed in a temporary capacity, in accordance with the provisions of section 331 of this title.

  (12) Assistant Attorneys General and Special Assistant Attorneys General.

  (13) [Repealed.]

  (14) Attorneys employed as legal advisors or special counsel outside the Office of the Attorney General, including special counsel for the Public Utility Commission.

  (15) The clerk and reporter employed by the Occupational Safety and Health Review Board.

  (16) Employees of firms engaged by the Department of Buildings and General Services to perform custodial and maintenance services.

  (b) Positions in the uniformed State Police within the Department of Public Safety shall be deemed to be within the classified service for purposes of job evaluation and assignment of position classes to salary ranges only, and not otherwise. (Amended 1961, No. 177, § 6; 1963, No. 170, § 1; 1965, No. 44, § 2, eff. May 5, 1965; 1965, No. 125, § 4, eff. July 2, 1965; 1967, No. 147, § 9, eff. Oct. 1, 1968; 1967, No. 263 (Adj. Sess.), § 1, eff. Feb. 28, 1968; 1969, No. 294 (Adj. Sess.), § 26, eff. April 9, 1970; 1971, No. 43, § 1, eff. April 7, 1971; 1971, No. 191 (Adj. Sess.), § 3; 1971, No. 193 (Adj. Sess.), §§ 2, 3, eff. April 3, 1972; 1971, No. 205 (Adj. Sess.), § 4; 1977, No. 222 (Adj. Sess.), § 2, eff. July 2, 1978; 1979, No. 59, §§ 14, 31(c); 1979, No. 205 (Adj. Sess.), § 140, eff. May 9, 1980; 1983, No. 147 (Adj. Sess.), § 4(a), eff. April 11, 1984; 1989, No. 67, § 16; 1993, No. 93, § 2; 1993, No. 227 (Adj. Sess.), § 14; 1999, No. 75 (Adj. Sess.), § 1; 2015, No. 78 (Adj. Sess.), § 1; 2017, No. 113 (Adj. Sess.), § 2; 2019, No. 144 (Adj. Sess.), § 19.)

• § 312. Classification plan; definition

  (a) The term “merit system” means the system developed to maintain an efficient career service in State government under public rules, which, among other provisions, includes appointment through competitive examination; nondiscrimination because of race, sex, politics, national origin, or religion; an equitable and adequate compensation plan; tenure, contingent on successful performance; and promotion, contingent on evaluated capacity and service.

  (b) Merit system principles are:

  (1) recruiting, selecting, and advancing employees on the basis of their relative ability, knowledge, and skills, including open consideration of qualified applicants for initial appointment;

  (2) [Repealed.]

  (3) training employees, as needed, to assure high-quality performance;

  (4) retaining employees on the basis of the adequacy of their performance, correcting inadequate performance, and separating employees whose inadequate performance cannot be corrected;

  (5) assuring fair treatment of applicants and employees in all aspects of personnel administration without regard to political affiliation, race, color, national origin, sex, or religious creed and with proper regard for their privacy and constitutional rights as citizens; and

  (6) assuring that employees are protected against coercion for partisan political purposes and are prohibited from using their official position for the purpose of interfering with or affecting the result of an election or a nomination for office.

  (c) Notwithstanding any other provision of law, rules, regulations, or agreements whenever federal requirements are applicable to programs as a condition for receipt of federal funds or assistance, all agency secretaries, department heads, division heads, and other State officers, with the approval of the Governor or of such person as the Governor may designate, are authorized to take such action as is necessary to assure that all personnel practices in those programs are in accordance with federal laws, regulations, and requirements. This provision shall not be construed to authorize the impairment of the State’s obligations under any contract or agreement, or of the vested rights and remedies of any person. (Amended 1971, No. 193 (Adj. Sess.), § 4, eff. April 3, 1972; 1977 No. 109, § 33(c), eff. July 3, 1977.)

• § 313. Cost of operating plan

  The cost of operating the plan selected and adopted shall be prorated to each agency on the basis of the number of employees in each agency.

• § 314. Duty to furnish facilities

  All officers and employees of the State shall allow the department the reasonable use of public buildings under their control, and furnish heat, light, and furniture, for any examination, hearing, or investigation authorized by this chapter. (Amended 1959, No. 331 (Adj. Sess.), § 6, eff. Feb. 9, 1960.)

• § 315. Duties of State officers and employees

  All officers and employees of the State shall comply with the provisions of this chapter and lawful rules, regulations and orders of the Commissioner of Human Resources pursuant thereto. The Commissioner of Human Resources, with the approval of the Governor, may institute and maintain any action or proceeding to secure compliance with the provisions of this chapter and lawful rules, regulations, and orders pursuant thereto. (Amended 1959, No. 331 (Adj. Sess.), § 7, eff. Feb. 9, 1960; 1981, No. 249 (Adj. Sess.), § 25, eff. July 4, 1982; 2003, No. 156 (Adj. Sess.), § 15.)

• § 316. Records of the Department of Human Resources

  The records of the Department, except such records as the rules may properly require to be held confidential for reasons of public policy, shall be public records and shall be open to public inspection, subject to reasonable regulations as to the time and manner of inspection as may be prescribed by the Commissioner. (Amended 1959, No. 331 (Adj. Sess.), § 8, eff. Feb. 9, 1960; 2003, No. 156 (Adj. Sess.), § 15.)

• § 317. Oaths, testimony, and the production of records

  The Commissioner shall have the power to administer oaths, subpoena witnesses, and order the production of books and papers pertinent to any investigation or hearing authorized by this chapter. (Amended 1959, No. 331 (Adj. Sess.), § 9, eff. Feb. 9, 1960; 1969, No. 113, § 5; 1981, No. 249 (Adj. Sess.), § 26, eff. July 4, 1982.)

• § 318. Offenses

  (a) No person shall make any false statement, certificate, mark, rating, or report with regard to any test, certification, or appointment made under any provision of this chapter or in any manner commit any fraud preventing the impartial execution of this chapter and the rules.

  (b) No employee of the Department, examiner, or other person shall defeat, deceive, or obstruct any person in his or her right to examination, eligibility, certification, or appointment under this chapter, or furnish to any person any special or secret information for the purpose of affecting the rights or prospects of any person with respect to employment in the classified service.

  (c) Any person who wilfully violates any provision of this section shall be guilty of misdemeanor and upon conviction shall be fined not to exceed $100.00 or imprisoned for not to exceed 60 days, or both.

• § 319. Repealed. 1959, No. 262, § 37, eff. June 11, 1959.

• §§ 320, 321. Repealed. 1969, No. 113, § 7.

• § 322. Rating service forms, completion and disposition

  All officers and employees of the State who act in a supervisory capacity shall at least annually complete service rating forms for each classified employee under their immediate supervision in accordance with the service rating procedures established by the Commissioner of Human Resources. One copy of the rating form shall be provided to the employee and one copy shall be retained by the agency. (Added 1959, No. 331 (Adj. Sess.), § 13, eff. Feb. 9, 1960; 2003, No. 156 (Adj. Sess.), § 15.)

• § 323. Definitions

  As used in this chapter, unless the context clearly requires otherwise:

  (1) “Accountability” means the degree to which the holder of a position is accountable for the end results of his or her job performance.

  (2) “Bona fide emergency” means an unanticipated need for short-term staffing:

  (A) to prevent significant disruption to the continued operation of State government;

  (B) to avoid serious or imminent harm to the public, critical services, or other staff; or

  (C) to avoid jeopardizing public safety.

  (3) “Class” means one or more positions sufficiently similar in nature, scope, and accountability that the same title, test of fitness, and schedule of compensation may be applied to each position.

  (4) “Job evaluation” means the systematic method used to determine the value of each job in relation to other jobs within the State service.

  (5) “Seasonal employment” means employment in a temporary position with a specific start date and anticipated end date for a period of not more than seven months in any 12-month period or employment in a temporary position with a specific start date and anticipated end date for a period of more than seven months that has been approved by the Commissioner of Human Resources pursuant to subdivision 331(c)(3) of this chapter. Seasonal employment includes employment in temporary positions that are available on a reoccurring basis from year to year. (Added 1971, No. 191 (Adj. Sess.), § 4; amended 2019, No. 58, § 2.)

• § 324. Repealed. 1981, No. 249 (Adj. Sess.), § 31, eff. July 4, 1982.

• § 325. Repealed. 1977, No. 109, § 33(a), eff. July 1, 1978.

• § 326. Repealed. 1981, No. 249 (Adj. Sess.), § 31, eff. July 4, 1982.

• § 327. Hiring

  (a) When a vacancy in the classified service occurs, the appointing officer shall make a diligent effort to recruit an employee from within the classified service to fill the vacancy.

  (b) Any position which has been vacant for a period of six months shall be eliminated unless the Secretary of Administration determines that the position is essential and has remained vacant because of specific professional qualifications. (Added 1975, No. 196 (Adj. Sess.), § 9; amended 1977, No. 109, § 24, eff. July 3, 1977.)

• § 328. Repealed. 1997, No. 59, § 6, eff. June 30, 1997.

• § 329. Probationary and temporary employees; pay adjustment

  Original probationary and temporary employees at the minimum of their pay grades shall be adjusted to the new minimum rate, effective with the adjustment of pay grade minimum. (Added 1989, No. 67, § 17.)

• § 330. Vermont Internship Program

  (a) A Vermont Internship Program is created:

  (1) to attract persons to train for and then serve State government in occupations where the State anticipates difficulty attracting or retaining qualified employees;

  (2) to provide an enriched experience designed to bring trainees to full class performance levels in a logical and systematic manner;

  (3) to support equal employment opportunity; and

  (4) to provide upward mobility, lateral movement, or other opportunities for current employees who have demonstrated high potential.

  (b) Position authorization.

  (1) [Expired.]

  (2) The positions may be created in response to real or anticipated recruitment and retention difficulties or in instances wherein the Commissioner has determined the State’s needs for individuals to serve in a certain position will best be met through the Vermont internship program.

  (3) Each position authorized by the Commissioner shall be established for a specific period of time not to exceed five years. In accordance with the approved plan, or where the Commissioner deems it appropriate, Vermont Internship Program positions shall revert to the Commissioner for reallocation.

  (4) Departments or agencies shall use existing monetary resources to fund the positions created under this section.

  (5) Requests for positions under the Vermont Internship Program shall be in a form and following procedures prescribed by the Commissioner. All requests shall certify that all reasonable efforts shall be made to insure a vacant position will be available to each Vermont Internship Program participant upon completion of the program.

  (c)(1) Eligibility. Any person shall be eligible to compete for participation in the Vermont Internship Program.

  (2) Outreach efforts shall be extended appropriately to assure that all segments of the qualified populace are informed about opportunities to apply and compete for these vacancies on the basis of merit.

  (d)(1) Selection and retention. Departments and agencies have final responsibility for selection of Vermont Internship Program candidates using criteria and procedures to be issued by the Department of Human Resources.

  (2) Departments shall make a diligent effort to select Vermont internship participants from among applicants who are State employees.

  (3) A Vermont Internship Program employee must maintain a satisfactory performance rating at all times for job-training activities, must receive at least a grade of C (or its equivalent) in classes taken as part of the Vermont Internship Program plan, and, if enrolled in any degree program, must maintain minimum requirements by the educational institution.

  (e)(1) Development of candidates. All Vermont Internship Program members shall have individual development plans approved by the Commissioner of Human Resources.

  (2) The actual developmental systems used, whether job rotation, special projects, details, or progressively more difficult tasks, education, and training shall form part of the individual development plans.

  (3) The department or agency making use of a Vermont Internship Program shall conduct regular reviews of performance and progression of capabilities and shall submit written documentation of this on a form and using procedures provided for by the Commissioner of Human Resources.

  (f)(1) Rights of Vermont Internship Program members. Vermont Internship Program participants shall be deemed to be classified State employees in their initial probationary period for the entire period of their participation, and continuation of one’s training in Vermont Internship Programs shall be in the discretion of the appointing authority. They shall be paid the minimum rate for comparable positions in the classified service, unless otherwise authorized by the Commissioner of Human Resources.

  (2) Vermont Internship Program participants shall agree to work in a State position consistent with the approved plan after completion of the planned Vermont internship for a period of time equal to the length of Vermont Internship Program participation. Any Vermont Internship Program member who does not satisfy this requirement shall reimburse the State for all tuition, fees and/or expenses paid by the State in connection with Vermont Internship Program participation, including salary paid during periods of paid educational leave, unless waived by the Commissioner of Human Resources.

  (3) Unless authorized by the approved plan, Vermont Internship Program participants shall participate in on-the-job training of at least 20 hours per week. They are eligible for State classified medical and life insurance plans as well as leave benefits in the same manner and to the same extent as State employees working similar schedules.

  (4) Upon satisfactory completion of the Vermont Internship Program, the participants shall be eligible for noncompetitive appointment to a vacant position consistent with the approved plan, which shall be made available by the participating department unless waived by the Commissioner of Human Resources.

  (5) Notwithstanding any provision to the contrary in sections 455 et seq. of this title, upon completion of a State employment commitment described in subdivision (2) of this subsection, such employee shall receive State employment retirement credit for all Vermont Internship Program time.

  (6) A classified State employee who accepts an appointment to the Vermont Internship Program shall be entitled to a leave of absence in the same manner and to the same extent as if he or she had accepted appointment to an exempt position in State government.

  (7) Vermont Internship Program members aggrieved under this section shall have right of appeal to the Commissioner of Human Resources who shall decide.

  (8) Nothing provided herein shall be construed to be inconsistent with or in violation of section 310 or 312 of this title. (Added 1989, No. 80, § 1; amended 1989, No. 277 (Adj. Sess.), § 13; 2003, No. 156 (Adj. Sess.), § 15.)

• § 331. Temporary employees

  (a) The State shall not employ any person in a temporary capacity except in accordance with the provisions of this section.

  (b)(1) On request of the appointing authority, the Commissioner of Human Resources may approve, in writing, the creation of a temporary position and the hiring of a person to fill such temporary position only if the position and person are needed:

  (A) to meet a seasonal employment need of State government;

  (B) to respond to a bona fide emergency;

  (C) to fill in for the temporary absence of an existing employee, or a vacancy in an existing position; or

  (D) to perform a governmental function that requires only intermittent, sporadic, or ongoing employment, provided that such employment does not exceed 1,280 work hours in any one calendar year.

  (2)(A) Except as provided in subdivision (1) of this subsection, the Commissioner shall not approve the creation of a temporary position or the hiring of a person to fill such temporary position if the governmental function is ongoing and continuing.

  (B) The Commissioner shall not approve the creation of a temporary position or the hiring of a person to fill such temporary position if approval is intended to circumvent, or has the effect of circumventing, the policies and purposes of the classified service under this chapter.

  [Subdivision (c)(1) effective until July 1, 2024; see also subdivision (c)(1) effective July 1, 2024 set out below.]

  (c)(1) The Commissioner may authorize the continued employment of a person in a temporary capacity for more than 1,280 work hours in any one calendar year if the Commissioner determines, in writing, that a bona fide emergency exists for the appointing authority that requires such continued employment. Authorization of temporary employment for more than 1,280 work hours in a calendar year shall not be required for seasonal employment, as that term is defined pursuant to section 323 of this chapter. Annually, on or before January 15, the Commissioner shall submit a report to the House Committees on General and Housing and on Government Operations and Military Affairs and the Senate Committees on Economic Development, Housing and General Affairs and on Government Operations:

  (A) identifying the total number of temporary employees who have worked:

  (i) 1,280 hours in the prior calendar year; or

  (ii) in excess of 1,280 hours in the prior calendar year;

  (B) identifying the agency or department that is assigned the temporary position;

  (C) identifying the total number of hours worked by each temporary employee; and

  (D) including a statement:

  (i) recommending the conversion of the position to a permanent classified position; or

  (ii) stating the reasons why the temporary position should be continued.

  [Subdivision (c)(1) effective July 1, 2024; see also subdivision (c)(1) effective until July 1, 2024 set out above.]

  (1) The Commissioner may authorize the continued employment of a person in a temporary capacity for more than 1,280 hours in any one calendar year if the Commissioner determines, in writing, that a bona fide emergency exists for the appointing authority that requires such continued employment.

  (2) It shall be the responsibility of the head of each department to provide to the Department of Human Resources a detailed justification for each waiver to exceed the 1,280-work-hour limit within his or her department and such other information as may be required in order to enable that department to carry out its responsibility under this section.

  (3) The Commissioner may authorize seasonal employment in a specific position for a period of between seven and 12 months if the Commissioner determines, in writing, that the nature and duties of the position require the employment of a person for a period of more than seven months in a 12-month period. The Commissioner shall not authorize seasonal employment for a period of more than seven months in a 12-month period if the authorization is intended to circumvent, or has the effect of circumventing, the policies and purposes of the classified service under this chapter. Annually, on or before January 15, the Commissioner shall submit a report to the House Committee on Government Operations and Military Affairs and the Senate Committee on Government Operations:

  (A) the total number of positions in seasonal employment that have been authorized for a period of between seven and 12 months during the prior calendar year;

  (B) the agency or department that each position identified in subdivision (A) of this subdivision (c)(3) is assigned to; and

  (C) the period of time that each identified position is authorized for.

  (d) The Commissioner may transfer and convert existing, vacant positions in the Executive Branch of State government to replace the temporary positions of long-term temporary employees who are performing ongoing and continuing functions of State government for more than 1,280 work hours in any one calendar year.

  (e) Any party aggrieved by a decision of the Commissioner under this section may request that the Commissioner reconsider his or her decision. Such party may appeal the Commissioner’s reconsideration to the Vermont Labor Relations Board pursuant to the rules of the Board. Within 90 days of the filing of an appeal, the Board shall determine if the Commissioner of Human Resources abused his or her discretion under this section. If the Board determines that there has been an abuse of discretion, the Board shall remand the decision back to the Commissioner and order that corrective action be taken within 90 days of the Board’s order. The Commissioner, in his or her sole discretion, may replace the temporary employee with a permanent position, or eliminate the temporary position and grant reemployment rights if those rights would have been provided to a classified employee under the relevant collective bargaining agreement.

  (f) An individual employed in a temporary or seasonal capacity shall be entitled to the whistleblower protections, rights, and remedies provided to State employees pursuant to sections 971-978 of this title. (Added 1993, No. 93, § 3; amended 1999, No. 145 (Adj. Sess.), § 2; 2003, No. 156 (Adj. Sess.), § 15; 2013, No. 163 (Adj. Sess.), § 1; 2017, No. 154 (Adj. Sess.), § 7, eff. May 21, 2018; 2019, No. 58, § 3; 2019, No. 58, § 10, eff. July 1, 2024.)

• § 332. Human resource development services

  The Commissioner of Human Resources is authorized to provide human resource development services, and access to human resource development equipment and facilities:

  (1) for State government entities and nonstate entities provided that the human resource development needs of State entities shall take precedence over those of nonstate entities;

  (2) under a schedule whereby the participants are charged reasonable fees based on the cost of providing the service and access to the equipment and facilities;

  (3) any fees so charged may contain a surcharge for nonstate entities; and

  (4) all fees collected under this section shall be credited to the Human Resource Development Special Fund established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and shall be available to the Department of Human Resources to offset and enhance the provision of human resource development. (Added 1995, No. 186 (Adj. Sess.), § 26, eff. May 22, 1996; 2003, No. 156 (Adj. Sess.), § 15.)

• § 333. Human resource recruitment services

  (a) The Commissioner of Human Resources is authorized to develop programs and take measures to increase the quantity of qualified applicants applying for employment by the State.

  (b) Appropriate activities include: the placement of advertisements for recruitment of open and continuous recruitment positions, both within and outside the classified service, for all State government entities; listing of positions with governmental and private entities that maintain job listings; and attendance at job and recruitment fairs.

  (c) The Commissioner is authorized to charge other governmental entities for the costs associated with furnishing the services described in this section. All fees collected under this section shall be credited to the Human Resource Recruitment Special Fund established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and shall be available to the Department of Human Resources to offset the cost of and enhance the provision of human resource recruitment services. (Added 2001, No. 11, § 54, eff. April 25, 2001; amended 2003, No. 156 (Adj. Sess.), § 15.)