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Judge dismisses lawsuit against Gov. Scott over secretary of education appointment

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Judge dismisses lawsuit against Gov. Scott over secretary of education appointment


A judge on Friday dismissed the lawsuit two senators filed in June against Gov. Phil Scott over his appointment of interim Secretary of Education Zoie Saunders. The lawsuit also named Saunders as a defendant.

In the lawsuit, state Sens. Tanya Vyhovsky and Richard McCormack argued that Scott violated the Vermont Constitution when he selected Saunders to fill the interim role after the Senate voted 19-9 against her permanent appointment. Vermont governors must obtain the Senate’s “advice and consent” prior to filling a secretary of state agency’s seat, the senators said.

A month later, the Vermont Attorney General’s Office requested the lawsuit be dismissed, primarily arguing that Scott does have the constitutional authority to appoint interim cabinet positions even after rejection from the Senate, and that he is following precedent set by previous governors. The Attorney General’s Office also contended that the senators’ claim was not “ripe” and they lacked standing and were raising a political question.

Vermont Superior Court Judge Robert A. Mello agreed with the Attorney General’s Office that Scott’s actions were lawful and based on precedent, but disagreed that the senators lacked standing, ripeness or presented a “nonjusticiable political question.”

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“To extent that the Senators argue that the Senate’s decision not to confirm Ms. Saunders prevents the Governor from reappointing her, whether on an interim or permanent basis, the court disagrees,” Mellow wrote in his Sept. 27 ruling. “There is no statute that so provides.”

“When the legislature has wanted to so limit the Governor’s appointment power, it has simply said so,” Mellow added, referencing the statute that prohibits governors from appointing a nominee to the Green Mountain Care Board whom the Senate has failed to confirm within the past six years.

Mello’s decision comes just a day after the judge heard oral arguments from both sides.

Saunders’ term as interim secretary of education ends Feb. 28 next year.

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Megan Stewart is a government accountability reporter for the Burlington Free Press. Contact her at mstewartyounger@gannett.com.



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Vermont lawmakers reject digital lottery initiative – Valley News

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Vermont lawmakers reject digital lottery initiative – Valley News


A plan by Gov. Phil Scott’s administration to make all of the state’s lottery games, including scratch-off tickets, available on a person’s phone never got off the ground at the Statehouse this year.

Lottery Commissioner Wendy Knight told lawmakers in January that the plan was a way to modernize the lottery “because you need to keep pace with technology — you need to meet your players where they are.”

Fifteen states have created a “digital” lottery system, and many have discovered there’s a distinct market of people who don’t buy lottery tickets at retail outlets but will do so on their phones, according to Knight. “We’re trying to ensure the future of the Vermont Lottery, ” the commissioner said.

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But state lawmakers have not been persuaded.

Vergennes Rep. Matt Birong, the Democratic chair of the House government operations committee, said members of the panel felt this year was not the time to move forward with this plan, especially given the recent legalization of sports betting.

“It is digitizing a current system and after moving forward with the sports wagering — people just wanted to take their time with it — so my committee decided to tap the brakes on further testimony.”

The administration estimated that the plan would have raised roughly $5 million a year for the state’s education fund after two years of implementation.

The prospect of that additional revenue is appealing to lawmakers, and Birong said they may reconsider the plan next year.

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Wrong-way driver stopped on I-89, charged with DUI

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Wrong-way driver stopped on I-89, charged with DUI


BOLTON, Vt. (WCAX) – A wrong-way driver was safely stopped on Interstate 89 overnight Sunday.

Vermont State Police say just before 12:30 a.m., they stopped the car near marker 77, near Bolton.

The driver, Denise Lear, 60, of Revere, was charged with driving under the influence and gross negligent operation.

Lear is expected in court Monday.

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Women’s Lacrosse Bested in Burlington by Vermont – University at Albany Great Danes

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Women’s Lacrosse Bested in Burlington by Vermont – University at Albany Great Danes


Score: UAlbany 4, Vermont 14

Location: Virtue Field | Burlington, Vt.

Records: UAlbany (10-5, 5-1 America East) | Vermont (8-6, 4-1 America East)

Short Story: UAlbany women’s lacrosse fell to the Vermont Catamounts on Saturday afternoon.

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Key Stats

  • Grace Cincebox recorded a total of 14 saves with 13 goals allowed for a .565 save percentage.
  • Ravan Marsell led the Great Danes with two points on one goal and one assist.
  • Four different UAlbany players scored in the contest.
  • Reggie Williams was the team’s leader with three ground balls.
  • Delilah Mile caused a team high three turnovers.

 
How It Happened

  • The Catamounts came out of the gates hard and heavy, scoring all three goals between both sides in the first quarter.
  • Vermont would take an 8-0 lead in the second quarter before Amanda Williamson found the back of the net on a women-down goal to put the Great Danes on the board and make it 8-1.
  • The Great Danes would allow one more goal in the first half to trail 9-1 after 30-minutes of play.
  • Grace Cincebox would enter the half with 10 saves.
  • Riley Forthofer started the Great Danes off in the second half to make it a 9-2 game, before Vermont put up three more goals to take a 12-2 lead entering the final quarter of play.
  • Mya Carroll and Ravan Marsell both scored on back-to-back free-position goals to make it a 12-4 game.
  • The Catamounts finished the game with two more goals to take the win 14-4.

 
Up Next
The Great Danes will next have a bye week and wait to see the outcome of next week’s Vermont vs UMass Lowell game to see who will host the America East Tournament.

Social Central: Stay up to date with UAlbany women’s lacrosse by following the team on Instagram (@UAlbanyWLax), Facebook (UAlbany Women’s Lacrosse),  and X (@UAlbanyWLax) for all of the latest news and highlights throughout the year.





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