§ 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
of the Home, providing services to veterans living in Vermont who do not reside in
the Home, and otherwise performing its duties under this chapter, including the authority
to:
(1) Adopt policies, procedures, and bylaws regarding the operation of the Board, the operation
and management of the Home, and the operation and management of any services provided
by the Home to Vermont veterans who do not reside at 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 for the management and
operation of the Home, as well as the provision of care to Vermont veterans who do
not reside in the Home, 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.
(8) [Repealed.]
(9) [Repealed.]
(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.
(13) Provide or coordinate the provision of services and supports in a home or community
setting other than a nursing home to Vermont veterans who do not reside in the Home.
(14) Provide or coordinate the provision of housing to Vermont veterans who do not reside
in the Home.
(15) Contract or partner with public and private entities to provide housing, and services
and supports to Vermont veterans who do not reside in the Home.
(16) Establish a nursing home in Vermont to provide services and supports to Vermont veterans
who do not reside at the Home, provided that the nursing home shall comply with all
applicable State and federal licensing and regulatory requirements. (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; 2023, No. 147 (Adj. Sess.), § 1, eff. July 1, 2024.)
§ 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; and
(4) file annual audited financial statements with the Commissioner of Finance and Management. (Added 2003, No. 121 (Adj. Sess.), § 79, eff. June 8, 2004; amended 2021, No. 105 (Adj. Sess.), § 382, eff. July 1, 2022.)
§ 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)(1) 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.
(2) 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 or providing care and services to Vermont veterans who do not
reside in the Home pursuant to subdivisions 1714(5), (13), (14), (15), and (16) of
this chapter.
(3) The funds shall be maintained in an account pursuant to 32 V.S.A. § 431.
(4) 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; 2023, No. 147 (Adj. Sess.), § 2, eff. July 1, 2024.)
§ 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;
and
(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; amended 2021, No. 105 (Adj. Sess.), § 383, eff. July 1, 2022.)