Title 03, Title 03: Executive

§ 1221. State Ethics Commission [Subsection (a) effective until September 1, 2027; see also subsection (a) effective September 1, 2027 set out below.] (a) Creation. There is created within the Executive Branch an independent commission named the State Ethics Commission to accept,…

§ 1222. Commission member prohibited conduct (a) Conflicts of interest. (1) Prohibition; recusal. (A) A Commission member shall not participate in any Commission matter in which he or she has a conflict of interest and shall recuse himself or herself from participation in that ma…

§ 1223. Procedure for accepting and referring complaints (a) Accepting complaints. (1) On behalf of the Commission, the Executive Director shall accept complaints from any source regarding governmental ethics in any of the three branches of State government or of the State’s camp…

§ 1224. Commission ethics training At least annually, in collaboration with the Department of Human Resources, the Commission shall make available to legislators, State officers, and State employees training on issues related to governmental ethics. The training shall include top…

§ 1225. Executive Director guidance and advisory opinions (a) Guidance. (1) The Executive Director may provide guidance only to a person who is or will be subject to the provisions of this chapter, upon his or her request, with respect to that person’s duties regarding any provis…

§ 1226. Commission reports (a) Annually, on or before November 15, the following entities shall report to the State Ethics Commission aggregate data on ethics complaints not submitted to the Commission, with the complaints separated by topic, and the disposition of those complain…

§ 1227. Investigations [Effective September 1, 2027] (a) Power to investigate. The Commission, through its Executive Director, may investigate public servants for alleged unethical conduct. The Commission may investigate alleged unethical conduct after receiving a complaint pursu…

§ 1228. Hearings before the Commission [Effective September 1, 2027] (a) Power to hold hearings. The Commission may meet and hold hearings for the purpose of gathering evidence and testimony if found warranted pursuant to section 1227 of this title and to make determinations. (b)…

§ 1229. Warnings; reprimands; recommended actions; agreements [Effective September 1, 2027] (a) Power to issue warnings, reprimands, and recommended actions. The Commission may issue warnings, reprimands, and recommended actions, not inconsistent with the Vermont Constitution and…

§ 1230. Procedure; rulemaking [Effective September 1, 2027] (a) Procedure. Unless otherwise controlled by statute or rules adopted by the Commission, the Vermont Rules of Civil Procedure and the Vermont Rules of Evidence shall apply in the Commission’s investigations and hearings…

§ 1231. Records; confidentiality [Effective September 1, 2027] (a) Intent. It is the intent of this section both to protect the reputation of public servants from public disclosure of frivolous complaints against them and to fulfill the public’s right to know any unethical conduc…

§ 2001. Power of Governor The Governor may make such changes in the organization of the Executive Branch or in the assignment of functions among its units as he or she considers necessary for efficient administration. (1969, No. 245 (Adj. Sess.), § 2, eff. April 4, 1970.)

§ 2002. Executive Orders (a) The Governor may propose by executive order changes in the organization of the Executive Branch of government that are not consistent with or will supersede existing organization provided for by law. The executive order shall be submitted to both hous…

§ 2003. Transfer of personnel and appropriations In effecting any change or modification in the organization of the Executive Branch by executive order, the following limitations and provisions shall apply: (1) New agencies, departments, and divisions shall be staffed so far as p…

§ 2004. Terms of Governor’s appointees Notwithstanding any other provision of law, all commissioners of State departments and all members of State boards and commissions appointed by the Governor, with the advice and consent of the Senate when this provision so applies, shall ser…

§ 2005. Continuing functions When any unit of government is transferred by executive order to another unit without substantial change in its functions it shall be deemed to have continued in force without any interruption in its functions. (1969, No. 245 (Adj. Sess.), § 6(4), eff…

§ 2006. Prospective effect The transfer of any agency, department, or division or any other governmental unit or its functions shall not affect any act done, liability incurred, or any right accrued or vested, or affect, abate, or prevent any action or prosecution pending or to b…

§ 2007. Effective dates of transfers For the purpose of effecting an orderly transfer of the authority, duties, powers, responsibilities, and functions to any newly created governmental unit or units, the Governor may by executive order or orders determine the date on which the t…

§ 2101. Creation A cabinet is created in the Executive Branch of government that shall consist of the Secretaries of such agencies as are created by law. (1969, No. 244 (Adj. Sess.), § 1, eff. Jan. 10, 1971.)

§ 2102. Powers and duties (a) The Governor’s Cabinet shall adopt and implement a program of continuing coordination and improvement of the activities carried on at all levels of State and local government. (b) The Cabinet shall work collaboratively with the Executive Director of …

§ 2103. Oath, meetings; committees (a) Each Secretary shall take and file the official oath prior to assuming office. (b) The Governor’s Cabinet shall meet from time to time at the call of the Governor. The cabinet may create such committees as it considers appropriate, the membe…

§ 2104. Planning The Central Planning Office and its State planning functions are transferred hereby to the Office of the Governor. The Governor, by executive order, may specify the duties, responsibilities, and organization of the Office as he or she deems necessary for the prop…

§ 2201. Definitions In this chapter, the following words mean: (1) Agency: The Agency of Administration; (2) Secretary: The head of the Agency, a member of the Governor’s Cabinet, who is responsible to the Governor for the administration of the Agency; (3) Department: A major com…

§ 2202. Creation of Agency (a) An Agency of Administration is created. The Agency shall consist of the following: (1) The Department of Finance and Management; (2) The Department of Human Resources; (3) The Department of Buildings and General Services; (4) The Department of Libra…

§ 2203. Advisory capacity (a) All boards, committees, councils, and commissions that under this chapter are a part of or are attached to the Agency shall be advisory only, except as hereinafter provided, and the powers and duties of the boards, committees, councils, and commissio…

§ 2204. Personnel designation The secretary, deputy secretary, commissioners, deputy commissioners, attorneys, and all members of boards, committees, councils, and commissions attached to the Agency for support are exempt from the classified State service. Except as authorized by…

§ 2221. Appointment and salary (a) The Agency shall be under the direction and supervision of a Secretary, who shall be appointed by the Governor with the advice and consent of the Senate and shall serve at the pleasure of the Governor. (b) [Repealed.] (Added 1971, No. 92, § 4(a)…

§ 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 prog…

§ 2223. Deputy Secretary; acting Secretary (a) The Secretary, with the approval of the Governor, may appoint a Deputy Secretary to serve at his or her pleasure and to perform such duties as the Secretary prescribes. The Deputy Secretary shall be exempt from the classified service…

§ 2224. Transfer of personnel The Secretary, with the approval of the Governor, may transfer classified positions between State departments and other components of the Agency, subject only to personnel laws and rules. (Added 1971, No. 92, § 4(f), eff. June 1, 1971.)

§ 2226. Public highways; conduit standards (a) Intent. The intent of this section is to provide for the construction of infrastructure sufficient to allow telecommunications service providers seeking to deploy communication lines in the future to do so by pulling the lines throug…

§ 2251. Commissioners—Appointment; term (a) The Secretary, with the approval of the Governor and with the advice and consent of the Senate, may appoint a commissioner of each department, except the Department of Libraries, who shall be the chief executive and administrative offic…

§ 2252. Mandatory duties (a) The commissioner shall determine the policies of the department, and may exercise the powers and shall perform the duties required for its effective administration. (b) In addition to other duties imposed by law, the commissioner shall: (1) administer…

§ 2253. Permissive duties; approval of Secretary Each commissioner may, with the approval of the Secretary: (1) Transfer classified positions within or between divisions subject only to State laws and regulations. (2) Cooperate with the appropriate federal agencies and administer…

§ 2254. Directors A director shall administer each division within the agency. (Added 1971, No. 92, § 6, eff. June 1, 1971; amended 1977, No. 105, § 1; 1977, No. 109, § 30, eff. July 3, 1977; 1983, No. 147 (Adj. Sess.), §§ 1, 5, eff. April 11, 1984; 1983, No. 170 (Adj. Sess.), §§…

§ 2281. Department of Finance and Management The Department of Finance and Management is created in the Agency of Administration and is charged with all powers and duties assigned to it by law, including the following: (1) To administer the financial transactions of the State, in…

§ 2282. Department of Taxes The Department of Taxes is created in the Agency of Administration to exercise all powers and perform all duties assigned to it by law, including the collection and administration of all taxes levied under the law and payable to the State that are not …

§ 2283. Department of Human Resources (a) The Department of Human Resources is created in the Agency of Administration. In addition to other responsibilities assigned to it by law, the Department is responsible for fulfilling the payroll functions and for the provision of central…

§ 2283a. Department of Buildings and General Services The Department of Buildings and General Services is created in the Agency of Administration as the successor to and continuation of the Department of Buildings and the Department of General Services. In addition to all other r…

§ 2289. Division of Property Valuation and Review (a) There is created within the Department of Taxes of the Agency of Administration, a Division of Property Valuation and Review. (b) In addition to other responsibilities assigned to it by law, the Division shall assist in the ad…

§ 2290. Compensation of members of boards and commissions The members of boards and commissions in the Agency of Administration, except those members serving ex officio or otherwise receiving compensation for service to the State in other capacities for the time spent in serving …

§ 2291. State Agency Energy Plan (a)(1) When used in this title, “life-cycle costs” shall mean the present value purchase price of an item, plus the replacement cost, plus or minus the salvage value, plus the present value of operation and maintenance costs, plus the energy and e…

§ 2291a. State agency planning and coordination State agencies shall engage in a continuing planning process to ensure that programs and actions are consistent with the goals established in the State Agency Energy Plan required by section 2291 of this title. This planning process…

§ 2291b. Adoption of State agency energy implementation plans After review by the Commissioner of Buildings and General Services and approval by the Secretary of Administration, each State agency shall adopt an implementation plan on or before August 31, 2010 to ensure compliance…

§ 2292. Department of Libraries The Department of Libraries is created in the Agency of Administration as the successor to and continuation of the State Department of Libraries. In addition to other duties assigned to it by law, the Department shall administer the programs and pe…

§ 2310. Chief Performance Officer (a) There is created the permanent, exempt position of Chief Performance Officer within the Agency of Administration for the purpose of better developing a culture of performance accountability and continuous improvement across State government. …