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Two Vermont senators sue Gov. Scott over secretary of education interim appointment

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Two Vermont senators sue Gov. Scott over secretary of education interim appointment


Two Vermont senators are suing Gov. Phil Scott over his controversial appointment of interim Secretary of Education Zoie Saunders.

In a lawsuit filed on June 19, Sens. Tanya Vyhovsky, P/D-Chittenden, and Richard McCormack, D-Windsor, accused Scott of violating the Vermont Constitution when he selected Saunders to serve as interim Secretary of Education after the Senate blocked her permanent appointment to the position.

The lawsuit argues that Scott is constitutionally obligated to “obtain the advice and consent” of the Senate before filling a secretary of state agencies seat.

“The governor can’t strip away the power granted to the senate by both the VT constitution and state law,” Vyhovsky said in a Facebook post about the lawsuit on June 21, “but by disregarding our unambiguous decision to reject his appointment for Secretary of Education he did exactly that.”

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Scott, however, said back in April that he had followed historical precedent, contending that former Gov. Howard Dean also bypassed Senate opposition to appoint his nominees, according to VTDigger. VTDigger, however, pointed out that none of the nominees Dean reappointed held cabinet positions.

More: Vermont Legislature makes history, overrides six vetoes

Scott spokesperson Amanda Wheeler disparaged the lawsuit as “another example of legislators focusing more on partisan political maneuvering than the hard work to help schools, kids and taxpayers.”

“And make no mistake, it’s no coincidence this was announced the same week the legislature imposed a 14% property tax increase,” Wheeler said, referencing the “yield bill” Scott has consistently lambasted for being economically irresponsible. “They’d like nothing more than to change the subject and distract Vermonters and the press.”

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Vyhovsky denied any ulterior motives for the lawsuit, calling accusations that she and McCormack are trying to divert attention from their legislative actions “not just incorrect but wildly off-base.” She also rejected claims that they filed the lawsuit because of “political parties or divides.”

“Sen. McCormack and I are doing this because it’s the right thing to do, not because of the letters after our names, and because we both took an oath of office to protect and uphold the Vermont Constitution,” Vyhovsky wrote on Facebook, adding that she believes “the overreach of executive power leads us away from democracy to authoritarianism unless it’s challenged at every point.”

What led to the lawsuit?

Scott announced on March 22 that he had selected Saunders – a former education administrator from Florida – to serve as secretary of education from a pool of candidates recommended by the state Board of Education. When Saunders took office on April 15, her position had been vacant for roughly a year, with Deputy Secretary Heather Bouchey serving as interim in the meantime.  

Scott’s pick immediately came under fire from critics – both constituents and lawmakers – who expressed concern about Saunders’ work experience. For instance, Saunders had only spent three months in public school leadership prior to accepting the secretary of education role in Vermont. She also had never served as a teacher, principal, school district administrator or superintendent like past secretaries of education had.

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Additionally, some Vermonters questioned Saunders’ charter school experience, especially her connection to Charter Schools USA, whose founder emerged from the conservative think tank The Heritage Foundation.

Scott defended Saunders in a March 28 statement, accusing critics of “spreading or believing misinformation, making assumptions and levying attacks on her character” before even getting to know his nominee.

Despite Scott’s admonishment, the Senate voted 19-9 to reject Saunders as secretary of education.

“Ninety-nine times out of a hundred, the Senate heartily endorses the appointee, but in this case a majority of the Senate found Zoie Saunders’ resume a mismatch with the current moment,” said Senate President Pro Tempore Phil Baruth, D-Chittenden, in a statement.

Immediately following the Senate vote, Scott named Saunders the state’s interim secretary of education – the reason for Vyhovsky and McCormack’s lawsuit.

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“Zoie’s professionalism, grace, and class throughout this process, despite the unfair, ill-informed treatment, has been truly remarkable and honorable,” Scott said in a statement. “I’m very proud of her and how she has handled these hurtful, false attacks, which makes me and my entire team more confident than ever that she is the right person for the job.”

Vyhovsky reiterated on Facebook that the Senate’s feelings about Saunders is not why she and McCormack filed the lawsuit.

“This is not about the person Gov. Scott submitted for appointment nor is it about the work that she’s done,” Vyhovsky wrote. “It’s about the governor’s decision to overrule the senate and make that appointment without our legally required consent. It’s about making case law that tells any governor who comes after Scott that Vermont enforces the separation of powers.”

What are the plaintiffs’ goals?

In the lawsuit – which also lists Saunders as a defendant – Vyhovsky and McCormack are asking the Vermont Superior Court to rule that Scott cannot circumvent the Senate’s authority by appointing a candidate they rejected to an interim version of that cabinet position. (The statue referred to in the lawsuit does not explicitly state interim appointments must be approved by the Senate, just secretary of state agencies appointments in general.)

The plaintiffs are also asking the court to declare that the Senate’s rejection of Saunders is the chamber’s “final act” on the matter for the 2024 session, since Scott did not resubmit his nominee’s name for consideration on or before the day the Legislature graveled out.

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Vyhovsky and McCormack are asking the court to rule that Saunders has not “validly functioned” in her role as secretary of education – due to the reasons above – thereby nullifying any actions she’s taken since she assumed the position at the end of April.

Who is paying for the lawsuit?

Vyhovsky told the Free Press in an email that Vermonters “across the political spectrum” have stepped up to donate over $11,000 toward the plaintiffs’ attorney fees. She and McCormack plan to fund the rest, assuming the donations don’t already cover everything, Vyhovsky said.

“It’s unfortunate that two Senators needed to use private resources to sue to enforce the separation of powers as defined in both the VT constitution and state law,” Vyhovsky wrote, but added that “retaining private counsel was the only viable option” as she and McCormack needed to take immediate legal action.

All donations will be paid directly to a IOLTA trust account belonging to one of the plaintiffs’ lawyers.

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

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As UVM Health Network cuts services in Vermont, it expands in New York  – VTDigger

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As UVM Health Network cuts services in Vermont, it expands in New York  – VTDigger


Sunny Eappen, president and CEO of the University of Vermont Health Network, speaks at an event in South Burlington on December 15, 2022. File photo by Glenn Russell/VTDigger

Last month, the University of Vermont Health Network announced a slate of wide-ranging cuts to its Vermont facilities. 

Those cuts — which drew a swift and furious outcry — included closing an inpatient psychiatric unit at Central Vermont Medical Center, ending kidney transplants at the University of Vermont Medical Center, and shuttering a primary care clinic in Waitsfield. 

Across Lake Champlain, however, the situation looks very different. Over the past few years, UVM Health Network’s facilities in northern New York have added capacity and increased the volume of certain procedures.

Over the past two years, Champlain Valley Physicians Hospital, in Plattsburgh, has worked to increase the number of surgeries it performs, according to Annie Mackin, a network spokesperson. During that time, Elizabethtown Community Hospital’s Ticonderoga campus has expanded clinics in women’s health and dermatology. Late in 2023, a primary care clinic operated by another health care organization opened at Alice Hyde Medical Center, in Malone. And earlier this year, Alice Hyde hired a general surgeon, the network announced in October. 

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The network hopes to add even more capacity in the state in the coming years, leaders say. 

“In New York, we’re doing our very best to expand services, to grow opportunities, to be able to have more opportunities to see patients over there,” Steven Leffler, president and chief operating officer of UVM Medical Center, said in an interview last month. 

“We’re hoping they’ll have more inpatient access to cover patients who can’t stay here,” Leffler said, referring to the Burlington hospital. “We’re hoping we can move more surgical cases there as a way to make sure that access is maintained for people who may have, unfortunately, more (of a) challenge getting access here.”

Green Mountain Care Board trims hospital requests for increases to 2025 budget, service charges


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‘Patient-centered and patient-focused’

Leaders of the six-hospital network said the additions in New York are simply part of ongoing efforts to help patients access more care more easily — similar to what the network seeks to do in Vermont. 

The University of Vermont Medical Center, Central Vermont Medical Center and Porter Medical Center, in Middlebury, are all part of the UVM Health Network.

The recent cuts on this side of the lake, administrators say, were due solely to the actions of the Green Mountain Care Board, a state regulator that capped network hospital budgets and ordered UVM Medical Center to reduce its charges to private health insurers earlier this year.

Additions at New York hospitals, which are not under the board’s jurisdiction, have nothing to do with the board’s orders and often predate them, network leaders said. 

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That work “is totally independent and unrelated to regulatory action here,” Sunny Eappen, the president and CEO of UVM Health Network, said in an interview.

Expanding services in New York, however, does benefit Vermont’s hospitals. In the 2023 fiscal year, New York residents contributed roughly 14% of the University of Vermont Medical Center’s patient revenue, to the tune of $245 million, according to financial documents submitted to the Green Mountain Care Board.

In Vermont, the care board places limits on how much hospitals can bring in from patient care — limits that UVM Health Network officials have said are onerous and harmful. By adding capacity in New York, the network can keep some of those patients in their communities and out of Vermont hospitals. 

Owen Foster, the chair of the Green Mountain Care Board, declined to comment, saying he did not know the details of the network’s New York hospital services. 

In 2025, Champlain Valley Physicians Hospital plans to add operating room capacity for general surgery, urology, ear nose and throat procedures and orthopedics, according to Mackin, the network spokesperson. The network has invested in some “anesthesiology resources” for that expansion and is recruiting urology and orthopedics clinicians, she said.

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The network has also informed about 370 New York patients that they have the option of getting imaging procedures — such as x-rays — in-state, rather than in Vermont, Mackin said. UVM Health Network is also “evaluating opportunities” to add gastroenterology, cardiology and infusion procedures in New York, she said. 

“It’s patient-focused and patient-centered, right?” Lisa Mark, the chief medical officer of Champlain Valley Physicians Hospital and Alice Hyde Medical Center, said in an interview. “So they don’t have to travel across the lake if they don’t need to.”

A man in a suit and tie is speaking in front of a screen.
Owen Foster, chair of the Green Mountain Care Board, testifies before the Health Reform Oversight Committee at the Statehouse in Montpelier on November 30, 2023. File photo by Glenn Russell/VTDigger

Vermont and New York

Over the past few months, UVM Health Network has drawn scrutiny for the movement of money between its Vermont and New York hospitals.

That attention was sparked by the revelation, during the Green Mountain Care Board’s annual hospital budget review process, that Burlington’s UVM Medical Center was owed $60 million by Champlain Valley Physicians Hospital in Plattsburgh.

That has led to fears that Vermonters are subsidizing New York medical facilities. In comments submitted to the Green Mountain Care Board in August, Vermont’s chief health care advocate Mike Fisher and his staff members charged that the network “has consistently weakened its financial position by choosing to transfer monies to the New York hospitals.”

Network leaders have repeatedly denied that those transfers — which have paid for pharmaceuticals, physicians’ salaries and other expenses — had any impact on Vermonters. Those transfers affect a hospital’s cash on hand, leaders said, but do not affect margins or Vermonters’ commercial insurance rates.

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“We’ve been very, very clear on that,” Rick Vincent, the network’s executive vice president and chief financial officer, said in an interview. “The Vermont commercial rates are not impacted by those New York hospitals.”

Last month, the care board asked the network for more information about the New York hospitals’ finances, including their operating margins and cash on hand. 

UVM Health Network initially declined to provide that information. But Eappen said in an interview he does intend to share the hospitals’ financial information with the board. 

According to publicly available nonprofit tax forms, some of the network’s New York hospitals have struggled in the past years. Champlain Valley Physicians Hospital lost nearly $30 million in its 2022 fiscal year and nearly $40 million in the 2023 fiscal year, according to tax records, and Alice Hyde Medical Center lost about $20 million in those two years, as well. Elizabethtown Community Hospital, meanwhile, has reported positive margins for the past decade.

Eappen said that Champlain Valley and Alice Hyde have grown more stable in the past year, although financial data is not yet publicly available.

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There are “not yet” plans to shift more services to New York as a result of the Green Mountain Care Board’s orders, Eappen said. But keeping care close to home for residents of northern New York is a win-win, he said. 

“If New Yorkers stay in New York, it doesn’t contribute to that Vermont revenue piece,” Eappen said, referring to patient revenue, which is capped by the Green Mountain Care Board. “And so if we do it well and keep New Yorkers in New York, it’s a positive on both ends.”





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Vermont’s men’s soccer national title was unprecendented. Dalen Cuff rose to the occasion on the call. – The Boston Globe

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Vermont’s men’s soccer national title was unprecendented. Dalen Cuff rose to the occasion on the call. – The Boston Globe


“They were not just happy to be there,” said Dalen Cuff, who called Vermont’s 2-1 overtime victory over Marshall on ESPN2 last Monday night. “They felt like a team on a mission and they were. Their mind-set was, ‘We will be forgotten if we don’t win the whole thing.’ I think they were just very salient in the fact that if we win the whole thing, then we hit legendary status. And they were right.”

So when the Catamounts achieved what might have been a stunning outcome to just about everyone outside of their own locker room, prevailing on Max Kissel’s golden goal in the 95th minute, Cuff’s exceptional call included acknowledging the Catamounts’ own we’ve-got-this, no-glass-slipper-necessary mentality.

“Oh my gosh! They do it!” exclaimed Cuff as Kissel’s goal rolled toward the net. “Don’t call them Cinderella! You can call them national champs!”

Vermont’s victory and how it occurred made the Catamounts an instant social media sensation, and the buzz carried through much of the week. On Tuesday, the match drove conversation on such shows as ESPN’s “Around The Horn,” where host Tony Reali declared it the best sporting event of the year.

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I told Cuff – whom locals may remember from his time at Comcast SportsNet New England nearly a decade ago — that watching the end of the championship match reminded me of what it felt like when Doug Flutie’s Hail Mary found Gerard Phelan to lift Boston College over Miami in November 1984.

“It’s funny you mention the Flutie thing,” said Cuff, who has called four NCAA men’s soccer finals for ESPN. “When I grew up, I had the VHS tape, ‘Great Sports Moments of the ‘80s.’ One of them was the Flutie play, with the radio call: ‘He did it! He did it! Flutie did it’!

“I never thought I’d be the voice of any type of unforgettable moment, especially since I started my career as an analyst.

“I’ve heard people like Al Michaels or Mike Tirico or Joe Buck talk about when you’re calling something that has a chance to be an incredible moment, or when you’re calling a championship, ‘Do you think about it in advance? Do you rehearse?’ The weird thing is, I don’t think you can in soccer, where one moment that can define the game can happen at any time.”

Cuff said he just instinctively went with what was already on his mind.

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“And what was on my mind was that they found it practically offensive to be called Cinderella,” he said. “Their point of view was, ‘We’ve won more games than anybody in this tournament the last few years. We know we’re a small school from America East, but we’re not Cinderella.’

“So we mentioned that during the broadcast a couple of times, and so in the moment I communicated that they’ll never be considered Cinderella again. Just call them champs.”

Cuff acknowledged that he didn’t quite grasp how much the championship match and Vermont’s team was resonating with sports fans until the next day.

“I walked out of there in kind of a stupor,” he said. “Not that they won, but more like, ‘I can’t believe that happened.’ The way it went down. I was kind of dumbfounded for a couple of hours, and I don’t think I understood the response and how many people watched and appreciated what they’d seen. I realized Tuesday with all of the talk about the game and people texting me how much people gravitated toward this.”

The championship aired on ESPN2 in the spot in which the “ManningCast” would normally be on as the alternate broadcast of “Monday Night Football.” But there was no show last Monday.

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“Shout out to the Manning brothers for taking the week off,” said Cuff with a laugh. “Thank you for that. I’m sure some people tuned in thinking the ‘ManningCast’ was on, stuck around, and got this unbelievable game.

“I do think where it’s on television matters. It was on ESPN2 for the first time since I’ve been calling it. I think random people stumbled across the game. I recognized that part instantly. When you walk into a bar, ESPN is likely on TV. ESPNU is not likely to be on. So the platform made a difference.”

Jim Donaldson, an important member of an outstanding Providence Journal sports section for nearly four decades, died Thursday morning at age 73. Donaldson never smoothed the edges of his opinions as a writer, particularly when it came to the Patriots, and was a friendly companion in the press box. I enjoyed his wry sense of humor as a frequent weekend host on WEEI back in the late ‘90s and early 2000s. Even after his retirement in 2016, he remained an engaging — and opinionated, of course — presence on social media. I’ll miss hearing from him . . . Expect the Red Sox to announce their broadcast booths for both NESN and WEEI at Fenway Fest — an even kinder, gentler version of Winter Weekend, apparently on Saturday, Jan. 11. Dave O’Brien (NESN) and Will Flemming (WEEI) will remain in their play-by-play roles, but some other specifics are still being worked out.


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Chad Finn can be reached at chad.finn@globe.com. Follow him @GlobeChadFinn.





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Vermont’s men’s soccer national title was unprecedented. Dalen Cuff rose to the occasion on the call.

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Vermont’s men’s soccer national title was unprecedented. Dalen Cuff rose to the occasion on the call.


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The Vermont men’s soccer team celebrates after defeating Marshall in overtime in the NCAA College Cup national championship game. Ben McKeown/AP Photo

The University of Vermont men’s soccer team — excuse me, make that the national champion University of Vermont men’s soccer team — was undeniably an underdog along its now-storied journey.

The Catamounts were ranked No. 17 and unseeded entering the NCAA Tournament. Even as an exceptional America East program, they don’t have the resources to match the big programs from the Big Ten and Atlantic Coast Conference.

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Underdog? Accurate assessment. Just don’t tell the Catamounts themselves that they were a Cinderella story, as if their success required some sort of fairy-tale caliber intervention. For one thing, Cinderella doesn’t wear flannel, as the Vermont players were prone to do when they took the field for warm-ups. For another, they were certain they could beat anyone, even while the final chapters of its extraordinary and ultimately fulfilled quest were still being written.

“They were not just happy to be there,” said Dalen Cuff, who called Vermont’s 2-1 overtime victory over Marshall on ESPN2 last Monday night. “They felt like a team on a mission and they were. Their mind-set was, ‘We will be forgotten if we don’t win the whole thing.’ I think they were just very salient in the fact that if we win the whole thing, then we hit legendary status. And they were right.”

So when the Catamounts achieved what might have been a stunning outcome to just about everyone outside of their own locker room, prevailing on Max Kissel’s golden goal in the 95th minute, Cuff’s exceptional call included acknowledging the Catamounts’ own we’ve-got-this, no-glass-slipper-necessary mentality.

“Oh my gosh! They do it!” exclaimed Cuff as Kissel’s goal rolled toward the net. “Don’t call them Cinderella! You can call them national champs!”

Vermont’s victory and how it occurred made the Catamounts an instant social media sensation, and the buzz carried through much of the week. On Tuesday, the match drove conversation on such shows as ESPN’s “Around The Horn,” where host Tony Reali declared it the best sporting event of the year.

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I told Cuff – whom locals may remember from his time at Comcast SportsNet New England nearly a decade ago — that watching the end of the championship match reminded me of what it felt like when Doug Flutie’s Hail Mary found Gerard Phelan to lift Boston College over Miami in November 1984.

“It’s funny you mention the Flutie thing,” said Cuff, who has called four NCAA men’s soccer finals for ESPN. “When I grew up, I had the VHS tape, ‘Great Sports Moments of the ‘80s.’ One of them was the Flutie play, with the radio call: ‘He did it! He did it! Flutie did it’!

“I never thought I’d be the voice of any type of unforgettable moment, especially since I started my career as an analyst.

“I’ve heard people like Al Michaels or Mike Tirico or Joe Buck talk about when you’re calling something that has a chance to be an incredible moment, or when you’re calling a championship, ‘Do you think about it in advance? Do you rehearse?’ The weird thing is, I don’t think you can in soccer, where one moment that can define the game can happen at any time.”

Cuff said he just instinctively went with what was already on his mind.

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“And what was on my mind was that they found it practically offensive to be called Cinderella,” he said. “Their point of view was, ‘We’ve won more games than anybody in this tournament the last few years. We know we’re a small school from America East, but we’re not Cinderella.’

“So we mentioned that during the broadcast a couple of times, and so in the moment I communicated that they’ll never be considered Cinderella again. Just call them champs.”

Cuff acknowledged that he didn’t quite grasp how much the championship match and Vermont’s team was resonating with sports fans until the next day.

“I walked out of there in kind of a stupor,” he said. “Not that they won, but more like, ‘I can’t believe that happened.’ The way it went down. I was kind of dumbfounded for a couple of hours, and I don’t think I understood the response and how many people watched and appreciated what they’d seen. I realized Tuesday with all of the talk about the game and people texting me how much people gravitated toward this.”

The championship aired on ESPN2 in the spot in which the “ManningCast” would normally be on as the alternate broadcast of “Monday Night Football.” But there was no show last Monday.

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“Shout out to the Manning brothers for taking the week off,” said Cuff with a laugh. “Thank you for that. I’m sure some people tuned in thinking the ‘ManningCast’ was on, stuck around, and got this unbelievable game.

“I do think where it’s on television matters. It was on ESPN2 for the first time since I’ve been calling it. I think random people stumbled across the game. I recognized that part instantly. When you walk into a bar, ESPN is likely on TV. ESPNU is not likely to be on. So the platform made a difference.”

Jim Donaldson, an important member of an outstanding Providence Journal sports section for nearly four decades, died Thursday morning at age 73. Donaldson never smoothed the edges of his opinions as a writer, particularly when it came to the Patriots, and was a friendly companion in the press box. I enjoyed his wry sense of humor as a frequent weekend host on WEEI back in the late ‘90s and early 2000s. Even after his retirement in 2016, he remained an engaging — and opinionated, of course — presence on social media. I’ll miss hearing from him . . . Expect the Red Sox to announce their broadcast booths for both NESN and WEEI at Fenway Fest — an even kinder, gentler version of Winter Weekend, apparently on Saturday, Jan. 11. Dave O’Brien (NESN) and Will Flemming (WEEI) will remain in their play-by-play roles, but some other specifics are still being worked out.





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