1 | 1 | | BILL AS INTRODUCED H.22 |
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2 | 2 | | 2025 Page 1 of 5 |
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4 | 4 | | |
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5 | 5 | | VT LEG #378732 v.1 |
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6 | 6 | | H.22 1 |
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7 | 7 | | Introduced by Representatives Headrick of Burlington, Berbeco of Winooski, 2 |
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8 | 8 | | Burke of Brattleboro, Casey of Montpelier, Cina of Burlington, Harrison of 3 |
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9 | 9 | | Chittenden, Logan of Burlington, Masland of Thetford, McCann of 4 |
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10 | 10 | | Montpelier, Priestley of Bradford, and Waszazak of Barre City 5 |
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11 | 11 | | Referred to Committee on 6 |
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12 | 12 | | Date: 7 |
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13 | 13 | | Subject: General provisions; common law; general rights; Public Records Act; 8 |
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14 | 14 | | exemptions; access to information relating to severance pay and 9 |
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15 | 15 | | benefit extension 10 |
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16 | 16 | | Statement of purpose of bill as introduced: This bill proposes to amend 11 |
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17 | 17 | | Vermont’s Public Records Act and provisions of Title 32 to provide that 12 |
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18 | 18 | | information concerning severance pay and benefit extension agreements shall 13 |
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19 | 19 | | be available for public inspection and copying under Vermont’s Public 14 |
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20 | 20 | | Records Act. 15 |
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21 | 21 | | An act relating to access to information concerning benefit extension 16 |
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22 | 22 | | agreements for employees of public agencies 17 BILL AS INTRODUCED H.22 |
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23 | 23 | | 2025 Page 2 of 5 |
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25 | 25 | | |
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26 | 26 | | VT LEG #378732 v.1 |
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27 | 27 | | It is hereby enacted by the General Assembly of the State of Vermont: 1 |
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28 | 28 | | Sec. 1. 1 V.S.A. § 317 is amended to read: 2 |
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29 | 29 | | § 317. DEFINITIONS; PUBLIC AGENCY; PUBLIC RECORDS AND 3 |
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30 | 30 | | DOCUMENTS; EXEMPTIONS 4 |
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31 | 31 | | * * * 5 |
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32 | 32 | | (c) The following public records are exempt from public inspection and 6 |
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33 | 33 | | copying: 7 |
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34 | 34 | | * * * 8 |
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35 | 35 | | (7) Personal documents relating to an individual, including information 9 |
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36 | 36 | | in any files maintained to hire, evaluate, promote, or discipline any employee 10 |
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37 | 37 | | of a public agency; information in any files relating to personal finances; or 11 |
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38 | 38 | | medical or psychological facts concerning any individual or corporation; 12 |
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39 | 39 | | provided, however, that all information in personnel files of an individual 13 |
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40 | 40 | | employee of any public agency shall be made available to that individual 14 |
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41 | 41 | | employee or his or her designated representative and information concerning 15 |
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42 | 42 | | severance pay or the extension of employment benefits beyond the date of 16 |
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43 | 43 | | separation shall be available for public inspection and copying. 17 |
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44 | 44 | | * * * 18 |
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45 | 45 | | Sec. 2. 1 V.S.A. § 319 is amended to read: 19 |
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46 | 46 | | § 319. ENFORCEMENT 20 |
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47 | 47 | | * * * 21 BILL AS INTRODUCED H.22 |
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48 | 48 | | 2025 Page 3 of 5 |
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50 | 50 | | |
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51 | 51 | | VT LEG #378732 v.1 |
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52 | 52 | | (d)(1) Except as provided in subdivision (2) of this subsection, the court 1 |
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53 | 53 | | shall assess against the public agency reasonable attorney’s fees and other 2 |
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54 | 54 | | litigation costs reasonably incurred in any case under this section in which the 3 |
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55 | 55 | | complainant has substantially prevailed. 4 |
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56 | 56 | | * * * 5 |
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57 | 57 | | (4) The court may, in its discretion, assess against a public agency 6 |
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58 | 58 | | punitive damages not to exceed $2,500.00 when the court finds that the agency 7 |
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59 | 59 | | has not acted in good faith by improperly withholding or unduly delaying 8 |
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60 | 60 | | access to a public record. 9 |
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61 | 61 | | Sec. 3. 32 V.S.A. chapter 15, subchapter 8 is amended to read: 10 |
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62 | 62 | | Subchapter 8. Termination Notice Separation; Notice and Severance Records 11 |
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63 | 63 | | * * * 12 |
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64 | 64 | | § 1272. SEVERANCE AND BENEFIT EXTENSION AGREEMENTS; 13 |
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65 | 65 | | AVAILABILITY FOR PUBLIC INSPECTION AND COPYING 14 |
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66 | 66 | | (a) As used in this section: 15 |
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67 | 67 | | (1) “Benefit extension agreements” means an agreement made between 16 |
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68 | 68 | | a State public agency and an employee that confers severance pay or the 17 |
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69 | 69 | | extension of an employment benefit beyond the date of separation. 18 |
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70 | 70 | | (2) “Public agency” means a “public agency” as defined by 1 V.S.A. 19 |
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71 | 71 | | § 317. 20 BILL AS INTRODUCED H.22 |
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74 | 74 | | |
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75 | 75 | | VT LEG #378732 v.1 |
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76 | 76 | | (b) Benefit extension agreements shall be available for public inspection 1 |
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77 | 77 | | and copying pursuant to Vermont’s Public Records Act. 2 |
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78 | 78 | | (c) Annually, on or before July 1, every public agency of the State shall 3 |
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79 | 79 | | publish an annual report concerning all benefit extension agreements executed 4 |
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80 | 80 | | by the public agency during the preceding fiscal year. The annual report shall 5 |
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81 | 81 | | contain: 6 |
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82 | 82 | | (1) the names and positions of the individuals receiving benefits under a 7 |
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83 | 83 | | benefit extension agreement; 8 |
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84 | 84 | | (2) the total amount paid to each individual pursuant to a benefit 9 |
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85 | 85 | | extension agreement; 10 |
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86 | 86 | | (3) a list of the specific employment benefits conferred to each 11 |
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87 | 87 | | individual under a benefit extension agreement; 12 |
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88 | 88 | | (4) the duration of each benefit extension agreement; and 13 |
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89 | 89 | | (5) the reasons for employment termination for each individual who 14 |
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90 | 90 | | receives benefits pursuant to a benefit extension agreement. 15 |
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91 | 91 | | Sec. 4. REPORTS; BENEFIT EXTENSION AGREEMENTS FOR THE 16 |
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92 | 92 | | YEARS 2018 THROUGH 2025 17 |
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93 | 93 | | On or before January 15, 2026, each public agency of the State shall publish 18 |
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94 | 94 | | a report containing the information required by 32 V.S.A. § 1272(c) for the 19 |
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95 | 95 | | years 2018 through 2025. 20 BILL AS INTRODUCED H.22 |
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96 | 96 | | 2025 Page 5 of 5 |
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98 | 98 | | |
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99 | 99 | | VT LEG #378732 v.1 |
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100 | 100 | | Sec. 5. EFFECTIVE DATE 1 |
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101 | 101 | | This act shall take effect on July 1, 2025. 2 |
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