§ 2102. Commission on Public School Employee Health Benefits created
(a) Commission created. There is created an independent commission to be called the Commission on Public School
Employee Health Benefits (Commission) to determine, in accordance with section 2103
of this chapter, the amounts of the premiums and out-of-pocket expenses for school
employee health benefits that shall be borne by school employers and by participating
employees.
(b) Composition and appointment.
(1) The Commission shall have 10 members, of whom five shall be representatives of school
employees and five shall be representatives of school employers.
(2)(A) The representatives of school employees shall be appointed as follows:
(i) four members appointed by the labor organization representing the greatest number
of school employees in this State; and
(ii) one member appointed by the labor organization representing the second-greatest number
of school employees in this State.
(B) The five representatives of school employers shall be appointed by the organization
representing the majority of the public school boards in this State.
(C) The appointing authorities shall select appointees who have an understanding of health
care and employer-employee relations and who demonstrate a willingness to work collaboratively.
(D) The term of each member of the Commission shall be six years, provided that of the
members first appointed by the labor organization described in subdivision (A)(i)
of this subdivision (2), one appointee shall serve a term of two years and one appointee
shall serve a term of four years, and of the members first appointed by the organization
representing the majority of the public school boards in this State, one appointee
shall serve a term of two years and one appointee shall serve a term of four years.
(3) In the event of a vacancy, the appointing authority of the member whose seat becomes
vacant shall appoint a successor to serve out the remainder of the member’s term.
(c) Chairs. The Commission shall be chaired jointly by one member selected biennially by the representatives
of school employees and one member selected biennially by the representatives of school
employers.
(d) Removal of Commission members. Members of the Commission may be removed by the appointing authority of the member
without cause.
(e) Decisions. All decisions of the Commission shall require the votes of a majority of the representatives
of school employees and a majority of the representatives of school employers.
(f) Compensation. Commission members shall be entitled to receive per diem compensation and reimbursement
of expenses as permitted under 32 V.S.A. § 1010 for not more than 20 meetings per year.
(g) Release time. A school district that employs a member of the Commission, or an alternate member
of the Commission under subsection (j) of this section, who represents school employees
or school employers shall grant the Commission member time off as necessary for the
member to attend meetings of the Commission.
(h) Staffing and expenses. The Commission may hire staff as it deems necessary to carry out its duties under
this chapter. Compensation for Commission staff and administrative expenses of the
Commission shall be shared equally by school employers and school employees. The representatives
of school employers and the representatives of school employees shall equitably apportion
their share of the costs of compensation and administrative expenses among their members.
(i) Rulemaking. The Commission may adopt rules or procedures, or both, pursuant to 3 V.S.A. chapter 25 as needed to carry out its duties under this chapter.
(j) Alternate members.
(1) Four alternate members may be appointed to the Commission.
(2) Up to two alternate members may be appointed by representatives of school employees
and up to two members may be appointed by representatives of school employers.
(3) The term of each alternate member, if appointed, shall be six years.
(4) An alternate member may serve temporarily in the role as a member appointed under
subsection (b) of this section only in the absence of an appointed member and shall
not otherwise have participation or voting rights in Commission business.
(5) An alternate member shall be appointed to be a full member of the Commission by the
alternate member’s appointing authority upon the resignation or removal of a full
member.
(6) In the event of a vacancy of an alternate member, the appointing authority of the
alternate member shall appoint a successor to serve out the remainder of the alternate
member’s term.
(7) Alternate members may be removed by the appointing authority of the alternate member
without cause.
(k) Funding. The Commission shall request the Governor to include in the Governor’s annual budget
a minimum of $35,000.00 appropriated to the Agency of Education for per diem compensation
and reimbursement of expenses for members of the Commission. Any unencumbered appropriation
shall revert to the General Fund in the year following the conclusion of an agreement
under subdivision 2104(b)(1) of this title. (Added 2018, No. 11 (Sp. Sess.), § H.18; amended 2021, No. 7, § 2, eff. April 8, 2021.)