The Vermont Statutes Online
§ 421. Duties generally
The Adjutant and Inspector General shall issue, sign, and transmit the orders of the Commander-in-Chief, and the rules that may be established, and obey the orders from him or her as to carrying into execution the laws of the United States and of this State. He or she shall be charged with the correspondence between the Commander-in-Chief and officers of the several states and territories, the Secretary of Defense, and other persons in official stations, on the subject of military affairs, and shall keep a record of such correspondence. (Amended 1963, No. 39, § 2, eff. April 11, 1963; 1973, No. 223 (Adj. Sess.), § 3, eff. April 4, 1974; 2017, No. 113 (Adj. Sess.), § 117.)
§ 422. Forms; return
The adjutant and inspector general shall prepare and provide at the expense of the state, or procure from the federal government, the necessary rosters and books of record, the blank forms for commissions, discharges, returns and other papers required by law, and distribute the same to the officers and organizations requiring them. He or she shall make such return of the national guard and its arms and equipment as may be required by the federal government or the commander in chief and transmit the same to the proper officials.
§ 423. Evidence of neglect or default in making returns
When the adjutant and inspector general is complainant for neglect or other default in making returns, he or she shall not be required to be present, but his or her certificate shall be prima facie evidence that the return was not made; and copies of records or papers in the office, duly certified and authenticated by him or her , shall be evidence in all cases as if the originals were produced.
§ 424. Publication of laws
The adjutant and inspector general shall cause the laws relative to the national guard to be published and distributed, from time to time, to every general, field, staff and commanding officer, at the expense of the state.
§ 425. Records
The adjutant and inspector general shall keep such records as are required for the administration of the national guard. (Amended 1973, No. 233 (Adj. Sess.), § 4, eff. April 4, 1974.)
§ 426. War records and files
The records and files in the office of the adjutant and inspector general pertaining to all wars in which the state has participated shall be kept in such office or in the state archives and not taken therefrom, except upon the order of the governor or of the adjutant and inspector general, for special purposes. Microfilms of the records and files shall be taken from time to time. Rosters of Vermonters participating in wars shall be similarly maintained. (Amended 1973, No. 223 (Adj. Sess.), § 5, eff. April 4, 1974.)
§ 427. Sexual assault and harassment; report
(a) Notwithstanding 2 V.S.A. § 20(d), the Adjutant and Inspector General shall make a report to the General Assembly on January 15, 2014 and annually thereafter regarding complaints of sexual assault and harassment involving members of the Vermont National Guard.
(b) The report shall contain:
(1) the number of complaints made in the prior federal fiscal year of sexual assault or harassment and of discrimination based on sexual orientation committed by or against members of the Vermont National Guard while in military status or under the jurisdiction of the Vermont National Guard;
(2) the number of restricted reports of sexual assault, unrestricted reports of sexual assault, reports of sexual harassment, and of discrimination and a summary of the resolution of each case and the status of any action taken in each case;
(3) a summary of the current policies, procedures, and processes regarding the incidence of sexual assault, sexual harassment, or discrimination, and any changes made by the Guard since the prior report;
(4) all information provided to the Vermont National Guard by the Department of Defense regarding sexual assault, sexual harassment, and discrimination involving Vermont National Guard members when the Guard is federalized; and
(5) a report on the number of line of duty determinations initiated during the prior fiscal year arising from a claim of sexual assault, sexual harassment, or discrimination, and the number of individuals referred to outside agencies.
(c) The report shall not reveal the name of any individual. (Added 2013, No. 53, § 1, eff. May 29, 2013.)
§ 428. Provost marshal
(a) Appointment; qualifications.
(1) The Adjutant and Inspector General may:
(A) appoint to serve as provost marshal an officer who holds the rank of major (O-4) or below and is certified as a Level III law enforcement officer by the Vermont Criminal Justice Council; and
(B) appoint to serve as assistant provost marshal a noncommissioned officer who holds the rank of first sergeant (E-8) or below and is certified as a Level III law enforcement officer by the Vermont Criminal Justice Council.
(2) The provost marshal and the assistant provost marshal shall serve at the pleasure of the Adjutant and Inspector General.
(b) Duties. The provost marshal shall report directly to the Adjutant and Inspector General and shall have the following duties:
(1) Serve as the primary liaison between the Vermont National Guard and federal, State, and local law enforcement agencies, including:
(A) reporting and documenting criminal activity identified within the Guard;
(B) providing assistance to federal, State, and local law enforcement;
(C) overseeing the use of National Guard personnel and resources to assist civil authorities in relation to disasters, special events, and other similar activities; and
(D) coordinating with State's Attorneys and the Attorney General in cases related to members of the Vermont National Guard.
(2) Supervise the Vermont National Guard's utilization of the National Crime Information Center and the Vermont Crime Information Center.
(3) Oversee security-related issues, including:
(A) monitoring local and State threats and anti-terrorism efforts;
(B) coordinating with relevant agencies in relation to the security of high-risk personnel;
(C) cooperating with the Director of Military Support and other relevant federal agencies in anti-terrorism efforts and critical infrastructure protection in relation to domestic emergencies; and
(D) providing information to the Director of Military Support in relation to addressing criminal threats, handling of sensitive information, and information sharing with civilian law enforcement agencies.
(4) Respond to allegations of sexual assault within the Vermont National Guard, including:
(A) reporting and documenting allegations of sexual assault within the Guard;
(B) coordinating and communicating with the Vermont National Guard Sexual Assault Response Coordinator as appropriate;
(C) coordinating and communicating with federal, State, and local law enforcement in relation to allegations of sexual assault by a member of the Vermont National Guard; and
(D) coordinating with State's Attorneys and the Attorney General in cases related to an alleged sexual assault by a member of the Vermont National Guard.
(c) Powers. The provost marshal and the assistant provost marshal shall have the same powers and immunities as those conferred on the State Police by section 1914 of this title. The powers granted to the provost marshal and the assistant provost marshal under this section may be exercised statewide with respect to criminal activity in the National Guard only. Nothing in this subsection shall be construed to prevent an individual serving as the provost marshal or assistant provost marshal from working as an officer in another law enforcement agency or from exercising the law enforcement authority granted to officers working in that agency. (Added 2019, No. 130 (Adj. Sess.), § 1.)