The Vermont Statutes Online

Title 20: Internal Security and Public Safety

Chapter 021: General Provisions

• § 361. Military Department; National Guard

  (a) The Military Department, created by 3 V.S.A. § 212, shall be administered by the Adjutant and Inspector General and shall include the National Guard and all military components of the State.

  (b) The organized militia shall be known as the National Guard, and shall consist of the organizations and personnel of any arm, service, corps, or department that the federal government requires to be maintained in the State. The National Guard shall be organized in accordance with federal regulations and approved by the Governor. The Governor may alter, divide, annex, consolidate, disband, or reorganize the Vermont National Guard and create new organizations as necessary to ensure that the Vermont National Guard conforms to federal regulations and any system of drill, discipline, administration, and instruction prescribed for the U.S. Armed Forces.

  (c) The Adjutant and Inspector General shall adopt all necessary rules for the government of the National Guard pursuant to this chapter. (Amended 1959, No. 329 (Adj. Sess.), § 34, eff. March 1, 1961; 1973, No. 223 (Adj. Sess.), § 2, eff. April 4, 1974; 2017, No. 113 (Adj. Sess.), § 113; 2021, No. 10, § 1.)

• § 362. Federal laws and regulations

  Matters relating to the organization, discipline, training, and government of the National Guard not otherwise provided for in this chapter and chapters 23 through 39 of this title, nor in the rules adopted by the Governor or Adjutant General, shall be decided by the federal laws and regulations prescribed for the National Guard and the U.S. Army or Air Force as applicable. (Amended 1963, No. 39, § 1, eff. April 11, 1963; 2017, No. 113 (Adj. Sess.), § 114; 2021, No. 10, § 2.)

• § 363. Officers generally

  (a)(1) The General Assembly shall biennially elect an Adjutant and Inspector General for a term of two years.

  (2) An Adjutant and Inspector General appointed to fill a vacancy occurring during a term shall serve the remainder of the unexpired term.

  (3) In order to be eligible for election to serve as Adjutant and Inspector General, an individual shall:

  (A) have attained the rank of Colonel (O-6) or above;

  (B) be a current member of the U.S. Army, the U.S. Air Force, the U.S. Army Reserve, the U.S. Air Force Reserve, the Army National Guard, or the Air National Guard or be eligible to return to active service in the Army National Guard or the Air National Guard;

  (C) be a graduate of a Senior Service College; and

  (D) be eligible for federal recognition.

  (b) The Adjutant and Inspector General shall be granted the rank of a major general within the State.

  (c)(1) The Adjutant General may appoint a Deputy with the approval of the Governor. The Adjutant General may also appoint an Assistant Adjutant General for Army, an Assistant Adjutant General for Air, an Assistant Adjutant General for Joint Operations, a Command Sergeant Major, and a Command Chief Master Sergeant, without pay, with the approval of the Governor.

  (2) The Adjutant and Inspector General may remove the appointed assistant adjutant generals and sergeants and shall be responsible for their acts.

  (3) Upon appointment, each Assistant Adjutant General shall be a federally recognized officer of the National Guard of the rank of lieutenant colonel or above, and shall have a rank of colonel or brigadier general within the State, and the Command Sergeant Major shall be a federally recognized noncommissioned officer of the National Guard of the rank of master sergeant or first sergeant or above, and the Command Chief Master Sergeant shall be a federally recognized noncommissioned officer of the rank of senior master sergeant.

  (4) The Deputy, assistants, and sergeants shall perform duties as the Adjutant and Inspector General shall direct.

  (d)(1) In the absence or disability of the Adjutant and Inspector General, the Deputy shall perform the duties of that office.

  (2) In case a vacancy occurs in the office of Adjutant and Inspector General, the Deputy shall assume and discharge the duties of the office until the vacancy is filled.

  (e) Appointments made pursuant to subsections (a) and (c) of this section shall be in writing and recorded in the Office of the Secretary of State.

  (f) All other officers of the National Guard shall be chosen in accordance with rules adopted by the Adjutant and Inspector General consistent with the laws of this State and the United States. (Amended 1959, No. 81, eff. April 2, 1959; 1961, No. 2 eff. Feb. 16, 1961; 1965, No. 125, § 19, eff. July 2, 1965; 2003, No. 5, § 1; 2005, No. 67, § 1; 2017, No. 113 (Adj. Sess.), § 115; 2021, No. 10, § 3; 2021, No. 140 (Adj. Sess.), § 9, eff. May 27, 2022.)

• § 364. Governor’s staff officers

  The Governor may detail not more than five officers of the National Guard, Reserve Components of the U.S. Armed Forces, or retired officers of any branch of the U.S. Armed Forces who are residents of Vermont for duty on his or her staff. The appointed officers shall serve at his or her pleasure. Service on the Governor’s staff shall not add to the actual grade of the appointed officers and shall not relieve them from their ordinary duties except when actually on duty with the Governor. (Amended 2021, No. 10, § 4.)

• § 365. Discharges to officers

  Discharges to commissioned officers may be granted by the Governor under rules adopted by the Adjutant and Inspector General. (Amended 2017, No. 113 (Adj. Sess.), § 116; 2021, No. 10, § 5.)

• § 366. Special duty

  When necessary for the military or public service, the Governor or designee may designate officers or enlisted personnel, or both, for the performance of special duty as required under the circumstances. (Amended 1999, No. 138 (Adj. Sess.), § 5; 2021, No. 10, § 6.)

• § 367. Costs; fines and forfeiture

  Costs incurred in a proceeding to enforce a penalty imposed pursuant to this chapter or chapters 23 to 39 of this title shall be paid by the State. Fines and forfeitures imposed pursuant to this chapter or chapters 23 to 39 of this title shall be paid into the State Treasury. (Amended 2021, No. 10, § 7.)

• § 368. Activation or deployment of National or State Guard or reserve members; professions and occupations; State regulation

  Notwithstanding any provision of law to the contrary, a member of the National Guard, State Guard, or a reserve component of the U.S. Armed Forces, whose profession or occupation is regulated by an agency of the State and who holds a valid license, certification, or registration to practice that profession or occupation at the time of activation or deployment, shall be entitled to:

  (1) An extension of the period of active licensure or certification through the duration of and up to 60 days following the person’s return from activation or deployment, provided that maintenance of active licensure or certification is required by the military during the time of the activation or deployment. In order to qualify for the extension, the person shall:

  (A) notify the agency of his or her activation or deployment at any time prior to the scheduled expiration of the current license or certification; and

  (B) certify that the circumstances of the activation or deployment impede good faith efforts to make timely application for renewal of the license or certification.

  (2) A reasonable opportunity to meet the terms or conditions of licensure or certification following the person’s return from activation or deployment if military service in any way interferes with a good faith effort to complete a term or condition of licensure, regardless of whether the military requires the person to maintain the license or certification during the time of activation or deployment. (Added 2005, No. 131 (Adj. Sess.), § 1, eff. May 4, 2006; amended 2021, No. 10, § 8.)

• § 369. Awards and medals

  Upon the approval of the Governor, the Adjutant and Inspector General may create and design awards and medals to recognize meritorious service or outstanding achievement for members of the Vermont National Guard. The Adjutant and Inspector General shall publish a roster of these awards and medals, the criteria and process for awarding them, and a description or specification of each award or medal. All awards and medals shall be presented in the name of the State of Vermont and be awarded to a member or retired member of the Vermont National Guard or if the member is deceased to the member’s spouse, child, parent, sibling, or grandchild or, if none, to a person designated by the executor of the member’s estate. (Added 2011, No. 149 (Adj. Sess.), § 2; amended 2021, No. 10, § 9.)