The Vermont Statutes Online

Title 24 : Municipal and County Government

Chapter 005 : County Officers; Powers and Duties

Subchapter 005 : Sheriffs

• § 291a. Contracts

  (a) In the name of the sheriff’s department, the sheriff may enter into written contracts with the State of Vermont, an agency of the United States, one or more towns within or without the county, or any nongovernmental entity, to provide law enforcement or other related services including security services, central dispatching for police, fire, or ambulance services, and centralized support services. Contracts between the sheriff’s department and a town shall be valid if approved by the sheriff and by a majority of the selectboard of the town provided that funding has been approved by a duly warned annual or special town meeting. Deputy sheriffs engaged in the performance of a contract shall be considered employees of the sheriff’s department for all purposes, except that for purposes of determining eligibility for Social Security, employees under this section shall be considered county employees, provided however that the sheriffs’ departments shall be responsible for employers’ contributions.

  [Subsection (b) effective until January 1, 2024; see also subsection (b) effective January 1, 2024 set out below.]

  (b) A contract made with a town to provide law enforcement or related services shall contain provisions governing the following subjects as best suit the needs of the parties:

  (1) the services to be provided, including State statutes or town ordinances, or both, which are to be enforced;

  (2) rates of compensation, allocation of expenses, total cost of contract, and methods of payment therefor;

  (3) ownership of any property acquired under the contract in event of termination of the contract;

  (4) the type, frequency, and information to be contained in reports submitted by the sheriff’s department to the town;

  (5) methods adopted to resolve disputes;

  (6) the term of the contract shall specify the commencement and termination date of the services to be provided and provisions for renewal thereof; and

  (7) such other items, not inconsistent with law, as may be agreed upon.

  [Subsection (b) effective January 1, 2024; see also subsection (b) effective until January 1, 2024 set out above.]

  (b) A contract made with a town, city, village, or county to provide law enforcement or related services shall contain provisions governing the following subjects as best suit the needs of the parties:

  (1) the services to be provided, including State statutes or town ordinances, or both, which are to be enforced;

  (2) rates of compensation, allocation of expenses, total cost of contract, and methods of payment therefor;

  (3) ownership of any property acquired under the contract in event of termination of the contract;

  (4) the type, frequency, and information to be contained in reports submitted by the sheriff’s department to the town;

  (5) methods adopted to resolve disputes;

  (6) the term of the contract shall specify the commencement and termination date of the services to be provided and provisions for renewal thereof; and

  (7) such other items, not inconsistent with law, as may be agreed upon.

  [Subsection (c) effective until January 1, 2024; see also subsection (c) effective January 1, 2024 set out below.]

  (c) A contract under this section may contain provisions for compensation to the sheriff for administration of the contract and related services. No compensation may be paid to a sheriff for administration of the contract or related services unless the contract sets forth in writing the rate or method of calculation for the compensation and a schedule of payment; provided that a sheriff’s compensation for administration shall not exceed five percent of the contract. A sheriff’s rate of compensation shall be at a rate equivalent to other employees of the department who provide similar services under the contract. Compensation to the sheriff shall be made in accordance with the schedule set forth in the contract but in no event may a sheriff be compensated for administration of the contract and related services unless the compensation is made in the same calendar year in which the revenue was received by the department under the contract.

  [Subsection (c) effective January 1, 2024; see also subsection (c) effective until January 1, 2024 set out above.]

  (c) A contract under this section may contain provisions for compensation to the sheriff for administration of the contract and related services. No compensation may be paid to a sheriff for administration of the contract or related services unless the contract sets forth in writing the rate or method of calculation for the compensation and a schedule of payment; provided that a sheriff’s compensation for administration shall not exceed five percent of the contract. A sheriff’s rate of compensation shall be at a rate equivalent to other employees of the department who provide similar services under the contract. Compensation to the sheriff shall be made in accordance with the schedule set forth in the contract but in no event may a sheriff be compensated for administration of the contract and related services unless the compensation is made in the same calendar year in which the revenue was received by the department under the contract. Funds derived from charges for the administration of a contract, if used for sheriff, sheriff deputy, or other departmental employee compensation, bonuses, salary supplements, retirement contributions, or employment benefits, shall be expended in accordance with the model policy created and maintained by the Department of State’s Attorneys and Sheriffs. Willful failure to comply with this policy shall constitute Category B conduct pursuant to 20 V.S.A. § 2401(2).

  (d) An agreement or contract for services between a sheriff’s department and governmental or nongovernmental entity shall be in writing if the total cost of the contract or agreement exceeds $2,000.00 or the duration of the services provided exceeds ten working days or if the cumulative total of the contracts or agreements entered into by the sheriff’s department and the same governmental or nongovernmental entity exceeds $2,000.00 or ten working days within a calendar year. Annually, the sheriff shall submit to the assistant judges for filing with the county clerk a report of all written contracts, categorized by the contracting party, services rendered, date of contract, and amount received.

  (e) Each sheriff’s department shall establish a procedure for all purchase contracts entered into by the department. The procedure shall be established in writing, filed with the assistant judges, and made available for public review. The written procedure shall also be forwarded to the Auditor of Accounts for use in the conduct of audits required under this chapter.

  [Effective January 1, 2024]

  (f) An agreement or contract for sheriff’s departments to provide law enforcement or security services to county and State courthouses shall be subject to a single, statewide contracted rate of pay for such services over all county and State courthouses. (Added 1977, No. 218 (Adj. Sess.), § 2; amended 1987, No. 121, § 10; 1991, No. 257 (Adj. Sess.), § 2; 2023, No. 30, § 5, eff. January 1, 2024.)

• § 291a. Contracts [Effective January 1, 2024]

  (a) In the name of the sheriff’s department, the sheriff may enter into written contracts with the State of Vermont, an agency of the United States, one or more towns within or without the county, or any nongovernmental entity, to provide law enforcement or other related services including security services, central dispatching for police, fire, or ambulance services, and centralized support services. Contracts between the sheriff’s department and a town shall be valid if approved by the sheriff and by a majority of the selectboard of the town provided that funding has been approved by a duly warned annual or special town meeting. Deputy sheriffs engaged in the performance of a contract shall be considered employees of the sheriff’s department for all purposes, except that for purposes of determining eligibility for Social Security, employees under this section shall be considered county employees, provided however that the sheriffs’ departments shall be responsible for employers’ contributions.

  (b) A contract made with a town, city, village, or county to provide law enforcement or related services shall contain provisions governing the following subjects as best suit the needs of the parties:

  (1) the services to be provided, including State statutes or town ordinances, or both, which are to be enforced;

  (2) rates of compensation, allocation of expenses, total cost of contract, and methods of payment therefor;

  (3) ownership of any property acquired under the contract in event of termination of the contract;

  (4) the type, frequency, and information to be contained in reports submitted by the sheriff’s department to the town;

  (5) methods adopted to resolve disputes;

  (6) the term of the contract shall specify the commencement and termination date of the services to be provided and provisions for renewal thereof; and

  (7) such other items, not inconsistent with law, as may be agreed upon.

  (c) A contract under this section may contain provisions for compensation to the sheriff for administration of the contract and related services. No compensation may be paid to a sheriff for administration of the contract or related services unless the contract sets forth in writing the rate or method of calculation for the compensation and a schedule of payment; provided that a sheriff’s compensation for administration shall not exceed five percent of the contract. A sheriff’s rate of compensation shall be at a rate equivalent to other employees of the department who provide similar services under the contract. Compensation to the sheriff shall be made in accordance with the schedule set forth in the contract but in no event may a sheriff be compensated for administration of the contract and related services unless the compensation is made in the same calendar year in which the revenue was received by the department under the contract. Funds derived from charges for the administration of a contract, if used for sheriff, sheriff deputy, or other departmental employee compensation, bonuses, salary supplements, retirement contributions, or employment benefits, shall be expended in accordance with the model policy created and maintained by the Department of State’s Attorneys and Sheriffs. Willful failure to comply with this policy shall constitute Category B conduct pursuant to 20 V.S.A. § 2401(2).

  (d) An agreement or contract for services between a sheriff’s department and governmental or nongovernmental entity shall be in writing if the total cost of the contract or agreement exceeds $2,000.00 or the duration of the services provided exceeds ten working days or if the cumulative total of the contracts or agreements entered into by the sheriff’s department and the same governmental or nongovernmental entity exceeds $2,000.00 or ten working days within a calendar year. Annually, the sheriff shall submit to the assistant judges for filing with the county clerk a report of all written contracts, categorized by the contracting party, services rendered, date of contract, and amount received.

  (e) Each sheriff’s department shall establish a procedure for all purchase contracts entered into by the department. The procedure shall be established in writing, filed with the assistant judges, and made available for public review. The written procedure shall also be forwarded to the Auditor of Accounts for use in the conduct of audits required under this chapter.

  (f) An agreement or contract for sheriff’s departments to provide law enforcement or security services to county and State courthouses shall be subject to a single, statewide contracted rate of pay for such services over all county and State courthouses. (Added 1977, No. 218 (Adj. Sess.), § 2; amended 1987, No. 121, § 10; 1991, No. 257 (Adj. Sess.), § 2; 2023, No. 30, § 5, eff. January 1, 2024.)