Executive Order No. 3-55 (No. 04-12) [Protection of Vermont State Hospital Employees Subject to a Reduction
in Force Due to Tropical Storm Irene]
WHEREAS, the Department of Human Resources has provided official notice to the Vermont
State Employees Association (“VSEA”) and affected employees that 80 state employees
who worked at the Vermont State Hospital (“VSH”) in Waterbury will be separated from
state service effective April 13, 2012;
WHEREAS, the Secretary of Administration and the Department of Human Resources have
worked with the VSEA over the last few months to mitigate the impact of the reduction
in force; and
WHEREAS, The Governor, the House, and the Senate have all worked diligently to support
and protect these employees and will work to provide as many opportunities for state
employment as is mutually possible.
NOW THEREFORE BE IT RESOLVED THAT I, Peter Shumlin, by virtue of the power vested
in me as Governor, do hereby establish and order as follows:
I. Mitigation of the impact of the reduction in force to affected employees
A. The Job Offer Program: The Department of Human Resources and VSEA negotiated a pre-RIF jobs program that
permits Vermont State Hospital employees to receive mandatory offers of employment
to other positions in the Agency of Human Services prior to any actual reduction in
force (the Job Offer Program). As part of the Job Offer Program, the Department of
Human Resources hosted several informational meetings and a day-long event where employees
could meet with recruitment counselors to get additional information about the program
and the potential jobs available. (To date, 41 employees elected to participate in
the program and 11 found new employment in the Agency of Human Services.)
B. Reemployment Rights, Benefits, and Trainings for Vermont State Hospital Employees
Subject to the Reduction in Force:
a. The Department of Human Resources will hold a number of meetings at which information
concerning reemployment rights, retirement options, benefits continuation, the employees’
assistance program, unemployment insurance and job training opportunities will be
addressed. The Department of Human Resources will hold job fair meetings for impacted
employees to provide information about existing job openings and assist employees
with applying for these jobs.
b. The Vermont Department of Labor will assist the Department of Human Resources by identifying
available federal and state training funds and grant opportunities to assist with
skill assessment, job retraining, job development, on-the-job and apprenticeship programs,
and other reemployment assistance to the affected employees.
c. The Departments of Human Resources and Labor will coordinate to hold job fair meetings
for impacted employees to provide information about existing job openings and assist
employees with applying for those jobs.
d. The Administration is committed to working diligently with the VSEA to place VSH employees
subject to the RIF in jobs within state government in accordance with the terms of
the applicable collective bargaining agreements.
C. Mandatory Job Offers to Employees Who Continue to Work for State Government: The Department of Human Resources also worked with the VSEA to address the rights
that Vermont State Hospital employees may have for reemployment at any successor State
Hospital. The Department and VSEA negotiated language that is included in H.630 to
give any VSH employee subject to the RIF, but later rehired by state government, the
opportunity to return to their prior job when the new state hospital opens, subject
to seniority and other contract rights and obligations.
D. Mandatory Job Offers to Employees Who Leave State Government and Wish to Return:
In addition, for displaced employees who take jobs outside state government, the proposed
language extends reemployment rights under the collective bargaining agreements until
one year after the opening of the successor facility. In this way, VSH employees
who are no longer employed by state government will have reemployment possibilities
at any successor hospital.
E. Posting of Job Openings: The Department of Human Resources shall post all open positions that involve providing
care to individuals with mental health conditions that are provided to the Department
by participating hospitals developing inpatient, secure residential, and intensive
residential recovery services.
II. Effective Date
This Order shall take effect upon signing.
Dated February 29, 2012.