The Vermont Statutes Online

Title 3 : Executive

Chapter 045 : Administration

Subchapter 002 : SECRETARY

• § 2222. Powers and duties; budget and report

  (a) In addition to the duties expressly set forth elsewhere by law, the Secretary shall:

  (1) As principal administrative aide to the Governor, plan, organize, direct, control, integrate, coordinate, and supervise all functions and programs of the Agency and its departments and divisions.

  (2) With the approval of the Governor, issue general policy statements and general rules and regulations applicable to the Executive Branch of the State government to implement executive orders or legislative mandate.

  (3) Upon request, advise the Governor and the Legislature on all matters relating to general administration.

  (4) Have access to and the right to copy any records of all executive and administrative departments, except tax returns, other tax return information, and other information that by law is confidential.

  (5) Have access to and the right to inspect all lands, buildings, and installations owned or leased by the State, under such regulations as the Governor may approve.

  (6) Be responsible for the internal budgeting, accounting, procurement, filing, and related management functions for the Agency through facilities as the Secretary shall designate or establish, subject to the provisions of this title.

  (7) Subject to chapter 13 of this title relating to classification, and other provisions of law, exercise all functions pertaining to appointment, fixing of compensation, transfer, promotion, demotion, suspension, or dismissal of persons to or from offices and positions in the Agency of Administration.

  (8) When so requested by the General Assembly, make a biennial report to the General Assembly of all principal matters pertaining to the operation of the Agency of Administration and its departments and divisions.

  (9) [Repealed.]

  (10) [Repealed.]

  (11) Inspect, appraise, and maintain a current appraisal schedule of all State-owned buildings, appendages, and appurtenances thereto based upon replacement value in the first instance and upon depreciated value in the second instance. Appraisals shall be furnished upon request to the Commissioner of Buildings and General Services, departments and agencies concerned, and appropriate committees of the General Assembly.

  (b) The Secretary shall be responsible to the Governor and shall plan, coordinate, and direct the functions vested in the Agency. He or she shall prepare and submit to the Governor an annual budget.

  (c) The Secretary shall compile, weekly, a list of all public hearings and meetings scheduled by all Executive Branch State agencies, departments, boards, or commissions during the next ensuing week. The list shall be distributed to any person in the State at that person’s request. Each Executive Branch State agency, department, board, or commission shall notify the Secretary of all public hearings and meetings to be held and any cancellations of such hearings or meetings.

  (d) With the approval of the Governor, or upon his or her request, the Secretary of Administration, or his or her agent, shall undertake a full and complete management audit of the accounts and activities of any State agency, commission, or State-created authority of any kind. Any such agency, commission, or State-created authority shall make available all books, records, accounts, documents, and other material requested by the Secretary of Administration, or his or her agent, for such purpose.

  (e) The Secretary of Administration is authorized to arrange staff and technical support for studies or investigative committees appointed by the Governor.

  (f) The Secretary of Administration may extend the benefits of the collective bargaining agreement as necessary or appropriate to State employees who are not members of any bargaining unit, and may offer additional benefits the cost of which shall be paid by the employee.

  (g) [Repealed.]

  (h) Notwithstanding the provisions of chapter 13 of this title, the Secretary of Administration, with the approval of the Governor, may authorize alternative salary compensation plans for managerial employees, either as a whole, or within specific occupations and categories as determined by the Secretary. Such alternative salary provisions may implement provisions for minimum and maximum ranges, promotional rates, and merit pay for performance provisions, pay banding, and other features of compensation determined in the best interests of the State, provided that individual employees may not receive adjustments that exceed the rates of adjustment available to classified employees under the collective bargaining unit.

  (i) The Secretary of Administration is authorized to transfer vacant positions throughout the Executive Branch of State government, and to adjust appropriations in the Executive Branch in accordance with the Secretary’s Statewide Vacancy Savings Plan that reflects realistic savings due to vacant positions. Such appropriation adjustments shall result in no change to the total statewide legislative appropriations to the Executive Branch. This authority is separate from the Secretary’s authority provided in 32 V.S.A. § 706.

  (j) Notwithstanding the provisions of 29 V.S.A. § 903(a), the Agency of Administration will administer the Equipment Revolving Fund to be used for internal lease purchase of equipment for State agencies. The Secretary of Administration shall establish criteria for equipment purchased through this Fund, including types of equipment, limiting amounts for specific equipment, and the useful life of the equipment.

  (1) Agencies or departments acquiring such equipment shall repay the Fund through their regular operating budgets according to an amortization schedule established by the Commissioner of Finance and Management. Repayment shall include charges for the administrative costs of the purchase and estimated administrative inflation over the term of the payback.

  (2) The Commissioner of Finance and Management may anticipate receipts to this Fund and issue warrants based thereon.

  (k) The Secretary of Administration or designee shall review all grants from an agency of the State to a law enforcement agency or constable, and all such grants shall be subject to the approval of the Secretary or designee. The Secretary or designee shall approve the grant only if the law enforcement agency or constable has complied with the race data reporting requirements set forth in 20 V.S.A. § 2366(e) and the death or serious bodily injury reporting requirements set forth in 18 V.S.A. § 7257a(b) within six months prior to the Secretary’s or designee’s review. (Added 1971, No. 92, § 4(b), (c), eff. June 1, 1971; amended 1973, No. 60, § 2, eff. May 13, 1973; 1977, No. 146 (Adj. Sess.), § 5; 1979, No. 205 (Adj. Sess.), § 136, eff. May 9, 1980; 1987, No. 243 (Adj. Sess.), § 12, eff. June 13, 1988; 1989, No. 67, § 19; 1989, No. 277 (Adj. Sess.), § 17a; 1993, No. 207 (Adj. Sess.), § 2, eff. June 17, 1994; 1995, No. 63, §§ 18a, eff. May 4, 1995; 1995, No. 63, § 18b; 1995, No. 177 (Adj. Sess.), § 9; 1995, No. 178 (Adj. Sess.), § 420, eff. May 22, 1996; 1995, No. 185 (Adj. Sess.), §§ 44, 45, eff. May 22, 1996; 1997, No. 66 (Adj. Sess.), § 67, eff. Feb. 20, 1998; 1999, No. 29, § 60, eff. May 19, 1999; 2001, No. 142 (Adj. Sess.), § 302a; 2003, No. 31, § 2; 2005, No. 203 (Adj. Sess.), § 3, eff. May 30, 2006; 2007, No. 206 (Adj. Sess.), § 7; 2009, No. 33, § 6; 2009, No. 156 (Adj. Sess.), § E.100.1; 2011, No. 109 (Adj. Sess.), § 5, eff. May 8, 2012; 2011, No. 162 (Adj. Sess.), § E.101.1; 2013, No. 1, § 73; 2013, No. 50, § E.100.2; 2013, No. 142 (Adj. Sess.), § 11; 2015, No. 58, § E.100.2, eff. June 11, 2015; 2015, No. 58, § E.145.3; 2015, No. 131 (Adj. Sess.), § 20; 2019, No. 49, § 3, eff. June 10, 2019; 2019, No. 147 (Adj. Sess.), § 2, eff. Jan. 1, 2021; 2019, No. 166 (Adj. Sess.), § 19, eff. Jan. 1, 2021; 2021, No. 74, § E.103.3.)