The Vermont Statutes Online
§ 1711. Definitions
As used in this chapter:
(1) "Board" means the Vermont veterans' home board of trustees as set forth in section 1713 of this chapter.
(2) "Gift" means the trust created by the quitclaim deed of the Trenor W. Park Home for Destitute Children and Women dated January 15, 1887, as modified by the May 27, 1964 decree of the Bennington County chancery court.
(3) "Home" means the Vermont veterans' home as set forth in section 1712 of this chapter.
(4) "Trustees" means the individual members of the board. (Added 2003, No. 121 (Adj. Sess.), § 79, eff. June 8, 2004.)
§ 1712. Vermont veterans' home
The Vermont veterans' home is a body corporate and politic and a public instrumentality of the state. The exercise by the home of the powers conferred by this chapter constitute the performance of essential governmental functions of the state. (Added 2003, No. 121 (Adj. Sess.), § 79, eff. June 8, 2004.)
§ 1713. Vermont Veterans' Home Board of Trustees
(a) The Vermont Veterans' Home is governed by the Vermont Veterans' Home Board of Trustees.
(b) The Board shall consist of 21 members:
(1) Twenty members shall be appointed by the Governor for staggered terms of three years, at least 15 of whom shall be veterans who have been honorably discharged from any branch of the U.S. Armed Forces. Each appointed trustee shall serve until a successor has been appointed. In the event an appointed trustee vacates the Board, is unable to serve, or is removed by the Governor for cause, the Governor shall appoint another trustee to serve the unexpired term of the departing trustee.
(2)(A) One member of the Board shall be a classified employee who has at least five years of service at the Home. This trustee shall be elected by a secret ballot administered by the Board and cast by the classified employees of the Home. This trustee shall not vote in case of a real or apparent conflict of interest, shall serve a term of three years and until a successor is elected, and may be removed by the Governor for cause.
(B) The Board shall give notice of a vacancy of this trustee position and hold an election no more than 30 days from the notice date. In the event this trustee vacates the Board, is unable to serve, or is removed by the Governor for cause, the classified employees of the Home shall elect another classified employee of the Home to serve the remainder of the unexpired term.
(c) The Board shall elect annually a president, a vice president, and a secretary from among its members. Eleven members shall constitute a quorum at all meetings; provided, however, if there is a vacancy on the Board, the number of trustees constituting a quorum shall be one more than one-half the number of the remaining trustees.
(d) Pursuant to 32 V.S.A. § 1010, trustees who are not State employees shall be entitled to per diem and reimbursement for actual and necessary expenses incurred in connection with performing their duties under this chapter. (Added 2003, No. 121 (Adj. Sess.), § 79, eff. June 8, 2004; amended 2013, No. 179 (Adj. Sess.), §§ E.342.1, E.342.2.)
§ 1714. Powers and duties of the Board of Trustees
Except as otherwise provided in this chapter, the Board shall have all powers necessary and convenient for governing the Home, providing services to veterans and other residents, and otherwise performing its duties under this chapter, including the authority to:
(1) Adopt policies, procedures, and bylaws regarding the operation of the Board and the operation and management of the Home.
(2) Receive, hold, accept, manage, and convey any interest in real or personal property acquired by the Home by gift, grant, purchase, devise, or otherwise for the purpose of managing the Home and providing services to veterans and such members of their families as the Board deems proper, under such conditions and rules as the Board may adopt. Included within the powers granted by this subdivision, and notwithstanding any other provision of law to the contrary, is the authority to apply and administer the real or personal property to further the purposes of the Home in accordance with the terms specified by gift, grant, or devise; provided, however, that in the absence of specified terms, the Board shall have the authority to apply and administer the property in the manner and for the purposes that the Board deems appropriate. Also included within the powers granted in this subdivision is the authority to hold title to the real property originally conveyed to the Trustees of the Soldiers Home in Vermont by the Trenor W. Park Home for Destitute Children and Women by quitclaim deed dated January 15, 1887, which shall be administered in the manner provided by the gift.
(3) By written procedure, establish, revise, and collect charges for residential room and board. Charges collected under this subdivision shall be credited to special funds, established and administered pursuant to 32 V.S.A. chapter 7, subchapter 5, and shall be available to the Home to offset the cost of providing services.
(4) Recommend for appointment by the Governor a licensed nursing home administrator to serve as the Chief Executive Officer of the Home. The Chief Executive Officer shall be appointed for an indefinite term and shall be subject to removal, after consultation with the Governor, upon a majority vote of the Board. The Chief Executive Officer shall be exempt from the State's classified service.
(5) Contract for professional services necessary and appropriate in a manner consistent with 3 V.S.A. chapter 14.
(6) Contract for managerial and administrative services, provided the contract is reviewed and either renewed or renegotiated each year by the Board in a manner consistent with 3 V.S.A. chapter 14.
(7) Contract with the federal Department of Veterans Affairs for services related to the purpose of the Home.
(10) Establish committees of the Board as necessary for the efficient and effective operation of the Home.
(11) Adopt rules in accordance with 3 V.S.A. chapter 25 for the purpose of administering the provisions of this chapter.
(12) Admit and care for veterans and other residents whose admission does not interfere with the Board's ability to serve its core mission of caring for veterans. No resident shall be admitted whose admission precludes federal funding or otherwise violates federal law or regulation governing the Vermont Veterans' Home. (Added 2003, No. 121 (Adj. Sess.), § 79, eff. June 8, 2004; amended 2013, No. 50, § E.342.1; 2013, No. 179 (Adj. Sess.), § E.342.3; 2017, No. 113 (Adj. Sess.), § 137.)
§ 1715. President of the board
The president of the board shall:
(1) Preside over all meetings of the board and ensure adherence to bylaws adopted by the board.
(2) Act as agent of the home in the execution of all legal documents pertaining to the home, as authorized by the board.
(3) Report to the governor at least once annually on all matters concerning the board and the home.
(4) File annual audited financial statements with the commissioner of finance and management. (Added 2003, No. 121 (Adj. Sess.), § 79, eff. June 8, 2004.)
§ 1716. Chief Executive Officer
The Chief Executive Officer shall be the chief administrative officer of the Home and shall exercise general supervision over the business and affairs of the Home. In addition to other duties, the Chief Executive Officer shall:
(1) Attend meetings of the Board and act as its treasurer.
(2) Make reports concerning the Home to the Board at such times and in such detail as the Board directs, together with recommendations the Chief Executive Officer deems appropriate for the welfare and care of the residents of the Home.
(3) Report annually to the Senate Committee on Economic Development, Housing and General Affairs and the House and Senate Committees on Appropriations regarding the Home's budget. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subdivision.
(4) Subject to approval of the Board, appoint a deputy or an executive assistant, a private secretary, a Marketing and Admissions Coordinator, a Financial Director, an Environmental Services Manager, and a Nursing Services Director, all of whom shall be appointed for an indefinite term and shall be subject to removal upon a majority vote of the Board. These positions shall be exempt from the State's classified service.
(5) Appoint all other employees necessary for the efficient management of the Home, all of whom shall be classified State employees subject to the provisions of Vermont statutes.
(6) Supervise and direct all employees of the Home and prescribe their duties not otherwise established by the Board or by State or federal law.
(7) Ensure that all laws, rules, and policies pertaining to the Home are observed.
(8) Prepare policies related to operation of the Home, subject to approval by the Board.
(9) Collect all sums due and payable to the Home and transfer the same to the State Treasurer when received.
(10) Perform such other duties as may be directed by the Board to carry out the purposes of this chapter.
(11) [Repealed.] (Added 2003, No. 121 (Adj. Sess.), § 79, eff. June 8, 2004; amended 2013, No. 179 (Adj. Sess.), § E.342.4; 2017, No. 113 (Adj. Sess.), § 138; 2017, No. 154 (Adj. Sess.), §§ 9, 25, eff. May 21, 2018; 2019, No. 72, § E.342.)
§ 1717. Management of funds
(a) Notwithstanding the provisions of subdivision 1714(2) of this chapter, all funds of the Home, except residents' funds as described in subsection (e) of this section, shall be held by the State Treasurer and credited to appropriate accounts established in compliance with subsection (b) of this section and 32 V.S.A. § 401(a).
(b) There are created one or more funds to be held in trust. To these funds shall be credited donations and endowments to the Home with and without specific restrictions on their use. Interest and earnings accruing to the funds created by this subsection shall be credited to the respective fund. The funds deposited pursuant to this subsection shall not be considered funds of the State and shall be used solely for the purposes of this chapter, subject to the terms and conditions of the gift and to the terms and conditions of the donation or endowment. Upon deposit with the State Treasurer's Office, the Home may request from the State Treasurer's Office and may retain locally up to $10,000.00 of donations and endowments, which may be expended consistent with their applicable terms and conditions, for supporting residents of the home. The funds shall be maintained in an account pursuant to 32 V.S.A. § 431. The Chief Executive Officer shall make a report at each scheduled Board meeting of the locally retained donations and endowments. The report shall include any amounts requested by the Home from the State Treasurer's Office, the nature of the funds, the account balance, and any expenditures.
(c) Monies from the funds established by this section may be expended by the Home upon submission of vouchers, submitted at the direction and with the approval of the Board, to the Commissioner of Finance and Management in compliance with 32 V.S.A. § 463, and issuance of warrants pursuant to 32 V.S.A. §§ 461 and 465. The Commissioner shall approve expeditiously any request for a release of funds if the request is in conformance with all applicable State law.
(d) On no less than a quarterly basis, the Chief Executive Officer of the Home shall provide a statement of account activity and fund balances to the Board.
(e) Notwithstanding the provisions of 32 V.S.A. chapter 7, subchapter 1, the Home is authorized to retain funds when acting in a trustee capacity for individual residents of the Home. Establishment and maintenance of accounts for this purpose shall be pursuant to 32 V.S.A. § 431 and any other relevant provisions of law.
(f) Grants, gifts, donations, loans, or other things of value may be accepted pursuant to the provisions of 32 V.S.A. § 5. (Added 2003, No. 121 (Adj. Sess.), § 79, eff. June 8, 2004; amended 2013, No. 179 (Adj. Sess.), § E.342.5.)
§ 1718. [Reserved.]
§ 1719. Legal actions
(a) Except for purposes of collecting charges due under subdivision 1714(3) of this chapter, the Board shall have no independent authority to sue, be sued, complain, or defend in its own name or on behalf of the Home. The Attorney General shall represent the Board and the Home in all civil actions as provided by law. Outside legal counsel may be obtained with the concurrence of the Attorney General.
(b) Each Trustee shall be considered a "State employee" for purposes of 3 V.S.A. chapter 29 and an "employee of the State" for purposes of 12 V.S.A. chapter 189.
(c) The Home shall be entitled to the sovereign immunity of the State, except as waived by the State in 12 V.S.A. chapter 189 or in any other provision of law. (Added 2003, No. 121 (Adj. Sess.), § 79, eff. June 8, 2004; amended 2013, No. 179 (Adj. Sess.), § E.342.6.)
§ 1720. Department of buildings and general services
Unless otherwise directed by the general assembly, the commissioner of buildings and general services, after consultation with and concurrence of the board, shall:
(1) Supervise the engineering, construction, improvement, repair, alteration, demolition, and replacement of and addition to buildings, structures, and facilities of the home.
(2) Solicit bids and award contracts for the performance of engineering services for specific projects at the home. (Added 2003, No. 121 (Adj. Sess.), § 79, eff. June 8, 2004.)