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VT LEG #378732 v.1
H.22 1
Introduced by Representatives Headrick of Burlington, Berbeco of Winooski, 2
Burke of Brattleboro, Casey of Montpelier, Cina of Burlington, Harrison of 3
Chittenden, Logan of Burlington, Masland of Thetford, McCann of 4
Montpelier, Priestley of Bradford, and Waszazak of Barre City 5
Referred to Committee on 6
Date: 7
Subject: General provisions; common law; general rights; Public Records Act; 8
exemptions; access to information relating to severance pay and 9
benefit extension 10
Statement of purpose of bill as introduced: This bill proposes to amend 11
Vermont’s Public Records Act and provisions of Title 32 to provide that 12
information concerning severance pay and benefit extension agreements shall 13
be available for public inspection and copying under Vermont’s Public 14
Records Act. 15
An act relating to access to information concerning benefit extension 16
agreements for employees of public agencies 17 BILL AS INTRODUCED H.22
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VT LEG #378732 v.1
It is hereby enacted by the General Assembly of the State of Vermont: 1
Sec. 1. 1 V.S.A. § 317 is amended to read: 2
§ 317. DEFINITIONS; PUBLIC AGENCY; PUBLIC RECORDS AND 3
DOCUMENTS; EXEMPTIONS 4
* * * 5
(c) The following public records are exempt from public inspection and 6
copying: 7
* * * 8
(7) Personal documents relating to an individual, including information 9
in any files maintained to hire, evaluate, promote, or discipline any employee 10
of a public agency; information in any files relating to personal finances; or 11
medical or psychological facts concerning any individual or corporation; 12
provided, however, that all information in personnel files of an individual 13
employee of any public agency shall be made available to that individual 14
employee or his or her designated representative and information concerning 15
severance pay or the extension of employment benefits beyond the date of 16
separation shall be available for public inspection and copying. 17
* * * 18
Sec. 2. 1 V.S.A. § 319 is amended to read: 19
§ 319. ENFORCEMENT 20
* * * 21 BILL AS INTRODUCED H.22
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(d)(1) Except as provided in subdivision (2) of this subsection, the court 1
shall assess against the public agency reasonable attorney’s fees and other 2
litigation costs reasonably incurred in any case under this section in which the 3
complainant has substantially prevailed. 4
* * * 5
(4) The court may, in its discretion, assess against a public agency 6
punitive damages not to exceed $2,500.00 when the court finds that the agency 7
has not acted in good faith by improperly withholding or unduly delaying 8
access to a public record. 9
Sec. 3. 32 V.S.A. chapter 15, subchapter 8 is amended to read: 10
Subchapter 8. Termination Notice Separation; Notice and Severance Records 11
* * * 12
§ 1272. SEVERANCE AND BENEFIT EXTENSION AGREEMENTS; 13
AVAILABILITY FOR PUBLIC INSPECTION AND COPYING 14
(a) As used in this section: 15
(1) “Benefit extension agreements” means an agreement made between 16
a State public agency and an employee that confers severance pay or the 17
extension of an employment benefit beyond the date of separation. 18
(2) “Public agency” means a “public agency” as defined by 1 V.S.A. 19
§ 317. 20 BILL AS INTRODUCED H.22
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(b) Benefit extension agreements shall be available for public inspection 1
and copying pursuant to Vermont’s Public Records Act. 2
(c) Annually, on or before July 1, every public agency of the State shall 3
publish an annual report concerning all benefit extension agreements executed 4
by the public agency during the preceding fiscal year. The annual report shall 5
contain: 6
(1) the names and positions of the individuals receiving benefits under a 7
benefit extension agreement; 8
(2) the total amount paid to each individual pursuant to a benefit 9
extension agreement; 10
(3) a list of the specific employment benefits conferred to each 11
individual under a benefit extension agreement; 12
(4) the duration of each benefit extension agreement; and 13
(5) the reasons for employment termination for each individual who 14
receives benefits pursuant to a benefit extension agreement. 15
Sec. 4. REPORTS; BENEFIT EXTENSION AGREEMENTS FOR THE 16
YEARS 2018 THROUGH 2025 17
On or before January 15, 2026, each public agency of the State shall publish 18
a report containing the information required by 32 V.S.A. § 1272(c) for the 19
years 2018 through 2025. 20 BILL AS INTRODUCED H.22
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VT LEG #378732 v.1
Sec. 5. EFFECTIVE DATE 1
This act shall take effect on July 1, 2025. 2