Vermont
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.”
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.”
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.
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.
“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.
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.
Vermont
Teen drug use varies by state. Here’s how Vermont compares.
While teen drug use has largely declined, the latest data from the National Surveys on Drug Use and Health shows moderate differences by state. In Vermont, an estimated 9.4% of teens had used an illicit drug in the past month, making it the #8 state for teen drug use.
Read the national analysis to see which states had the highest rates of teen drug use.
Drug use is generally higher in some Western states, including New Mexico, where 13.7% of teens had used drugs in the past month. This is in line with larger trends, as New Mexico has had some of the highest rates of alcohol and drug-related deaths in the country for decades. A 2023 report from the state’s legislature found fewer teens are using drugs than they were a decade ago, but overdoses are on the rise.
Northeastern states including Rhode Island and Massachusetts also have some of the highest rates of teen drug use. Again, this is in line with larger regional trends, as New England has felt the outsized impact of the opioid crisis.
States with the lowest rates of teen drug use were Alabama and Utah, with both at around 5%. However, both states have experienced a rise in opioid deaths in recent years. In 2023, Alabama launched the Odds Are Alabama campaign to raise awareness and prevent fentanyl-related overdose deaths.
Story editing by Cynthia Rebolledo. Additional editing by Kelly Glass and Elisa Huang. Copy editing by Tim Bruns.
This story features data reporting and writing by Elena Cox and is part of a series utilizing data automation across 50 states and Washington D.C.
This story originally appeared on Substance Use Treatment Facilities and was produced and distributed in partnership with Stacker Studio.
Vermont
Vermont disaster recovery centers to close temporarily on election day
All Federal Emergency Management Agency Disaster Recovery Centers in Vermont will be closed on Tuesday, Nov. 5, the day of the general election.
The Green Mountain State’s three disaster recovery centers − set up to assist Vermonters impacted by the storms and floods on July 11-13 and July 29-31 − are located in the Hinesburg Town Hall, Lyndon Public Safety Facility and the Newport Municipal Building.
The Hinesburg site, which is used as a polling station, will also be closed on Nov. 4 to prepare for the election.
The Newport and Lyndon sites are slated to reopen on Nov. 6, while the Hinesburg location will reopen the following day to give employees time to transition the site back to a disaster recovery center.
Regular hours of operation for all three recovery centers are 9 a.m. to 6 p.m., Monday through Saturday.
Megan Stewart is a government accountability reporter for the Burlington Free Press. Contact her at mstewartyounger@gannett.com.
Vermont
Connecticut wins against Vermont Catamounts in overtime – The Rink Live
The teams were tied after 60 minutes but overtime saw Connecticut come away with the close win over Vermont Catamounts at home on Sunday, November 02, 2024.
The final score was 6-5.
UConn’s
Tristan Fraser
scored the game-winning goal.
The Huskies scored three goals in first period an held the lead 3-2 going in to the first break.
One goal were scored in the second period, the score being tied at 3-3 going in to the third period.
The Huskies took the lead within the first minute of the third period when
Ethan Whitcomb
found the back of the net, assisted by
Kai Janviriya
and
Kaden Shahan
.
Massimo Lombardi
tied it up 4-4 with a goal five minutes later, assisted by
Joel Maatta
.
Tabor Heaslip
took the lead with a goal seven minutes later.
The Catamounts tied the score 5-5 with 60 seconds remaining of the third after a goal from
Colin Kessler
.
In overtime, it took 4:14 before Tristan Fraser scored the game-winner for the home team, assisted by
Trey Scott
and
Ryan Tattle
.
Coming up:
Both teams will be back in action on Friday, November 08, 2024 when the Huskies hosts Merrimack at 6 p.m. CST and the Catamounts welcomes Massachusetts at 6 p.m. CST.
Read more college hockey coverage
Automated articles produced by United Robots on behalf of The Rink Live.
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