Title 03, Title 03: Executive

§ 259. Holding over Each State and county officer elected or appointed for a definite term, unless other provision is made by the Constitution or under the express terms of a statute, shall continue to exercise the duties of such office until a successor is duly elected or appoin…

§ 260. Location of offices (a) The following State officers shall have their offices in Montpelier in quarters to be designated from time to time by the Governor: the Governor, State Treasurer, Secretary of State, Auditor of Accounts, and Attorney General. (b) The principal offic…

§ 261. Officers of State institutions A trustee or supervisor of a State institution, except the University of Vermont and State Agricultural College, shall not be employed in any capacity in such institution, nor shall the Commissioner of Corrections be employed in any capacity …

§ 262. Employment of aliens No department or commission of the State government shall regularly employ an alien. However, physicians or other qualified health personnel required to have specialized or graduate training, each of whom has filed a declaration of intention to become …

§ 263. Employees entering armed forces (a) A person in the permanent employ of the State of Vermont who is or has been inducted or ordered into the active service of the U.S. Armed Forces or who voluntarily enlists or was enlisted in such service in time of war or national emerge…

§ 264. Accumulated sick leave An employee who has an accumulated sick leave balance shall be authorized its use although recovery and return to duty is impossible. However, periodically, at the request of the appointing authority or representative, the disability or illness and i…

§ 265. Certified emergency volunteer leave (a) Any State employee who is a certified disaster relief service volunteer of the American Red Cross may, with the authorization of the employee’s supervisor, be granted leave not to exceed 15 working days in any fiscal year to particip…

§ 267. Executive officers; postemployment restrictions (a) Prior participation while in State employ. (1) An Executive officer, for one year after leaving office, shall not, for pecuniary gain, be an advocate for any private entity before any public body or the General Assembly o…

§ 309. Duties of Commissioner of Human Resources (a) The Commissioner, as administrative head of the Department, shall direct and supervise all its administrative and technical activities. In addition to the duties imposed elsewhere in this chapter, it shall be the Commissioner’s…

§ 309a. Employment of persons with disabilities (a) The Commissioner shall adopt rules under chapter 25 of this title in consultation with appropriate vocational rehabilitation agencies, interested private associations and organizations, and interested individuals to establish pr…

§ 310. Classification plan; rules (a) The Department of Human Resources shall adopt a uniform and equitable plan of classification for each position within State service, now or hereafter created, including positions within the Department of Public Safety, except those positions …

§ 311. Classified service defined; exceptions (a) The classified service to which this chapter shall apply shall include all positions and categories of employment by the State, except as otherwise provided by law, and except the following: (1) The General Assembly and its employ…

§ 312. Classification plan; definition (a) The term “merit system” means the system developed to maintain an efficient career service in State government under public rules, which, among other provisions, includes appointment through competitive examination; nondiscrimination bec…

§ 313. Cost of operating plan The cost of operating the plan selected and adopted shall be prorated to each agency on the basis of the number of employees in each agency.

§ 314. Duty to furnish facilities All officers and employees of the State shall allow the department the reasonable use of public buildings under their control, and furnish heat, light, and furniture, for any examination, hearing, or investigation authorized by this chapter. (Ame…

§ 315. Duties of State officers and employees All officers and employees of the State shall comply with the provisions of this chapter and lawful rules and orders of the Commissioner of Human Resources. The Commissioner of Human Resources, with the approval of the Governor, may i…

§ 316. Records of the Department of Human Resources The records of the Department, except such records as the rules may properly require to be held confidential for reasons of public policy, shall be public records and shall be open to public inspection, subject to reasonable rul…

§ 317. Oaths, testimony, and the production of records The Commissioner shall have the power to administer oaths, subpoena witnesses, and order the production of books and papers pertinent to any investigation or hearing authorized by this chapter. (Amended 1959, No. 331 (Adj. Se…

§ 318. Offenses (a) No person shall make any false statement, certificate, mark, rating, or report with regard to any test, certification, or appointment made under any provision of this chapter or in any manner commit any fraud preventing the impartial execution of this chapter …

§ 322. Rating service forms, completion and disposition All officers and employees of the State who act in a supervisory capacity shall at least annually complete service rating forms for each classified employee under their immediate supervision in accordance with the service ra…

§ 323. Definitions As used in this chapter, unless the context clearly requires otherwise: (1) “Accountability” means the degree to which the holder of a position is accountable for the end results of his or her job performance. (2) “Bona fide emergency” means an unanticipated ne…

§ 327. Hiring (a) When a vacancy in the classified service occurs, the appointing officer shall make a diligent effort to recruit an employee from within the classified service to fill the vacancy. (b) Any position which has been vacant for a period of six months shall be elimina…

§ 329. Probationary and temporary employees; pay adjustment Original probationary and temporary employees at the minimum of their pay grades shall be adjusted to the new minimum rate, effective with the adjustment of pay grade minimum. (Added 1989, No. 67, § 17.)

§ 330. Vermont Internship Program (a) A Vermont Internship Program is created: (1) to attract persons to train for and then serve State government in occupations where the State anticipates difficulty attracting or retaining qualified employees; (2) to provide an enriched experie…

§ 331. Temporary employees (a) The State shall not employ any person in a temporary capacity except in accordance with the provisions of this section. (b)(1) On request of the appointing authority, the Commissioner of Human Resources may approve, in writing, the creation of a tem…

§ 332. Human resource development services The Commissioner of Human Resources is authorized to provide human resource development services, and access to human resource development equipment and facilities: (1) for State government entities and nonstate entities provided that th…

§ 333. Human resource recruitment services (a) The Commissioner of Human Resources is authorized to develop programs and take measures to increase the quantity of qualified applicants applying for employment by the State. (b) Appropriate activities include: the placement of adver…

§ 341. Definitions As used in this chapter: (1) “Agency” means any agency, board, department, commission, committee, or authority of the Executive Branch of State government. (2) “Personal services contract” means a contract for services that is categorized as personal services i…

§ 342. Contracting standards; contracts for services Each contract for services valued at $25,000.00 or more per year shall require certification by the Office of the Attorney General to the Secretary of Administration that such contract for services is not contrary to the spirit…

§ 343. Privatization contracts; procedure (a) An agency shall not enter into a privatization contract, unless all of the following are satisfied: (1) Thirty-five days prior to the beginning of any open bidding process, the agency provides written notice to the collective bargaini…

§ 344. Contract administration (a) The Secretary of Administration shall maintain a database with information about contracts for services, including approved privatization contracts and approved personal services contracts. The Secretary shall also maintain a database with infor…

§ 345. Equal pay in government contracts; certification (a) Notwithstanding any other provision of law, an agency may not enter into a contract for goods with a contractor who does not provide written certification of compliance with the equal pay provisions of 21 V.S.A. § 495(a)…

§ 346. State contracting; intellectual property, software design, and information technology (a) The Secretary of Administration shall include in Administrative Bulletin 3.5 a policy direction applicable to State procurement contracts that include services for the development of …

§ 347. Contractor contribution restrictions The Secretary of Administration shall include in the terms and conditions of sole source contracts a self-certification of compliance with the contractor contribution restrictions set forth in 17 V.S.A. § 2950. (Added 2017, No. 79, § 4a…

§ 348. Internet service providers; net neutrality compliance (a) The Secretary of Administration shall develop a process by which an internet service provider may certify that it is in compliance with the consumer protection and net neutrality standards established in subsection …

§ 349. State contracting; internet service The Secretary of Administration shall include in Administrative Bulletin 3.5 a requirement that State procurement contracts for broadband internet access service, as defined in subdivision 348(d)(1) of this title, include terms and condi…

§ 455. Definitions (a) As used in this subchapter: (1) “Accumulated contributions” shall mean the sum of all the amounts deducted from the compensation of a member together with any amount transferred to the account of the member established pursuant to this system from the respe…

§ 456. Name and date of establishment The date of establishment of the Retirement System shall be July 1, 1972. The System shall be known as the “Vermont State Retirement System,” and by such name all of its business shall be transacted, all of its funds invested, and all of its …

§ 457. Members (a) Any person who was a member of either of the predecessor systems immediately preceding the date of establishment shall become a member of the Retirement System as of the date of establishment. (b) Any person who became an employee within the three-year period p…

§ 458. Creditable service; military service (a) With respect to service rendered prior to the date of membership, each employee who, pursuant to subsection 457(a) of this title, became a member of the retirement system shall have included as prior service all service credited to …

§ 459. Normal and early retirement (a) Normal retirement. (1) Group A, Group D, Group F, and Group G members. Any Group A, Group D, Group F, or Group G member who has reached the member’s normal retirement date may retire on a normal retirement allowance on the first day of any m…

§ 459a. Restoration of service (a) When a beneficiary resumes service, as defined in subdivision 455(a)(21) of this title, he or she shall again become a member of the System, shall contribute at the rate established for members of his or her group, and shall not be entitled to r…

§ 460. Ordinary disability retirement (a) Upon the application of a member or of the member’s department head not later than 90 days, or longer for cause shown, after the date the member may have separated from service, any Group A, Group C, Group D, Group F, or Group G member wh…

§ 461. Accidental and occupationally related disability retirement (a) Upon the application of a member or of his or her department head not later than 90 days, or longer for cause shown, after the date the member may have separated from service, any member may be retired by the …

§ 461a. Benefit denial; evidentiary hearing (a) An applicant for disability retirement benefits under section 460 or 461 of this title may file a request for an evidentiary hearing with the Retirement Board if the application for benefits is denied. (b) The hearing shall be condu…

§ 462. Reexamination of disability beneficiary (a) Once each year during the first five years following the retirement of a member on a disability retirement allowance, and once in every three year period thereafter, the Retirement Board may, and upon the member’s application sha…