The Vermont Statutes Online

Title 20: Internal Security and Public Safety

Chapter 023: Adjutant and Inspector General

• § 421. Duties generally

  The Adjutant and Inspector General shall issue, sign, and transmit the orders of the Governor, 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 Governor 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 the 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; 2021, No. 10, § 10.)

• § 422. Forms; return

  (a) The Adjutant and Inspector General shall prepare and provide at the expense of the State, or procure from the federal government, all necessary rosters and books of record and the blank forms for commissions, discharges, returns, and other papers required by law. The Adjutant and Inspector General shall distribute the rosters, books of record, and forms to the officers and organizations requiring them.

  (b) He or she shall provide an account of the National Guard and its arms and equipment as required by the federal government or the Governor and transmit it to the proper officials. (Amended 2021, No. 10, § 11.)

• § 423. Evidence of neglect or default in making returns

  When the Adjutant and Inspector General is complainant for neglect or other default in the submission of required reports and other documents, he or she shall not be required to be present, but his or her certificate shall be prima facie evidence that the required report or document was not properly submitted; 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. (Amended 2021, No. 10, § 12.)

• § 424. Publication of laws

  The Adjutant and Inspector General shall, at the expense of the State, distribute to and inform every general, field, staff, and commanding officer of the laws related to the National Guard. (Amended 2021, No. 10, § 13.)

• § 425. Records

  The Adjutant and Inspector General shall keep all records required for the administration of the National Guard. (Amended 1973, No. 233 (Adj. Sess.), § 4, eff. April 4, 1974; 2021, No. 10, § 14.)

• § 426. War records and files

  Records and files pertaining to all wars in which the State has participated and rosters of Vermonters participating in wars shall be kept in the office of the Adjutant and Inspector General or in the State Archives as provided pursuant to 3 V.S.A. § 218. (Amended 1973, No. 223 (Adj. Sess.), § 5, eff. April 4, 1974; 2021, No. 10, § 15.)

• § 427. Sexual assault and harassment; report

  (a) Notwithstanding 2 V.S.A. § 20(d), the Adjutant and Inspector General shall report to the General Assembly on or before January 15 of each year 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; amended 2021, No. 10, § 16.)

• § 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.)