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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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Vermont

Rutland woman arrested for violating release conditions in Killington – Newport Dispatch

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Rutland woman arrested for violating release conditions in Killington – Newport Dispatch


KILLINGTON — A Rutland City woman was arrested Saturday evening after allegedly violating her conditions of release, Vermont State Police said.

Skylar Lawder, 24, was taken into custody around 7:55 p.m. following a call to authorities regarding the breach of her release terms.

State Police responded to the scene in Killington where they located and confirmed that Lawder had violated two conditions of her release.

Following her arrest, Lawder was transported to the Vermont State Police Barracks in Rutland for processing.

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She was thereafter lodged at the Marble Valley Regional Correctional Center.

The Vermont State Police have not released details on the nature of the original charges against Lawder or the specific conditions of her release that were violated.

The incident remains under investigation.



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This rare, tiny flower was thought to have been extinct in Vermont since WWI. Now it’s a symbol of hope | CNN

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This rare, tiny flower was thought to have been extinct in Vermont since WWI. Now it’s a symbol of hope | CNN




CNN
 — 

Molly Parren was tracking a wood turtle in Vermont when she smelled something surprising, yet familiar. The amphibian scientist for the state’s wildlife agency traced the smell to a rare wild garlic and snapped a photo.

What she didn’t realize at the time was she had found not one but two rare plants — one of which hadn’t been seen in the state since 1916.

Parren sent the photo to her colleague Grace Glynn, Vermont’s state botanist.

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“I saw this other plant in the foreground, this tiny, little plant that had a much different color.” Glynn told CNN. “I immediately knew that it was floerkea. False mermaid-weed.”

Glynn has been searching for this plant “a little bit obsessively,” she said. Its ephemeral nature meant that it could easily go unspotted. Its short blooming window begins in April. To say its white flowers are small is an understatement — they are the size of a pin head. Then by June, the plant is withering away.

There are also only three historic sites for floerkea in the state, according to Glynn. “I’ve just dreamt of finding it because this is such an inconspicuous little plant with a limited window visibility and I knew that it could be lurking in plain sight. I’ve never seen it in person, but I had looked at photos so many times,” she said.

When she saw what Parren photographed, Glynn “jumped up and screamed.”

False mermaid-weed needs open floodplain soil in order to germinate — but this means these kinds of plants are susceptible to invasive species including garlic mustard, reed canary grass and Japanese knotweed, among others, Glynn explained. Invasive species “choke out” floodplain habitats, making it hard for native plants to compete.

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Most of the invasive species come from gardens, Glynn said. But they aren’t the only threat to native plants.

The increase in flooding in New England is very “concerning because it may be altering these habitats in ways that floerkea and other river-shore species are not adapted to,” Glynn said. Most river shore plants have evolved to benefit from winter and spring flooding — not flooding in the summer.

During the summer, plants will begin to reproduce and flower. Flooding can damage the plant during that critical process, forcing it to start over again. Glynn said this is “really stressful,” and while some plants may be able to quickly resprout and send up new flowers, “after multiple seasons of this happening, you can imagine that it may be too stressful on the plants and they could die or be outfitted by invasives.“

The challenge for plants is that they can’t run away from bad conditions, said Tim Johnson, the CEO of the Native Plant Trust, an organization that — true to its name — works to restore native plants, educate property owners and implement native species into landscape design.

“Plant species and communities have evolved over millions of years, and they have been able to adapt to or migrate away from unfavorable climate conditions,” Johnson told CNN. “The species we have today are the survivors. They’re the ones that have been able to navigate this process over time.”

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Johnson explained certain species of plants have wider distribution than others and that Vermont is on the edge of the range of distribution for the false mermaid-weed, which is why the population size isn’t as large as it is in other states, making it more rare.

“Plant species and communities have evolved over millions of years, and they have been able to adapt to or migrate away from unfavorable climate conditions,” Johnson said. “The species we have today are the survivors. They’re the ones that have been able to navigate this process over time. The challenge, or one of the major challenges, with plants, is that they can’t run away.”

Native plants have evolved in balance with the rest of the ecosystem. Local pollinators and wildlife rely on native species, and are just as threatened by invasive, non-local plants as the natives themselves.

“Some native insects rely on very specific host plants or host species to complete their life cycles,” Glynn said. “And then the birds rely on (the insects), and so on, throughout the food chain.”

Glynn said much of work relies on enthusiasts, volunteers and other professional botanists sending her photos and videos of their observations. Every species “has a right to be given a chance to persist on the landscape, and that’s really why we do what we do,” Glynn said.

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The false mermaid-weed discovery shows there is reason to hope the world can undo the harmful effects of climate change, said Johnson.

“We might think that we are beyond it because we have supercomputers in our pocket and we have jets that’ll carry you across and around the world, but everything about our lives actually is facilitated by plants,” Johnson said. “They are the primary producers in our world. We eat them. We use them for building materials. They produce the oxygen we breathe. We literally couldn’t live without them.”

Vermont Fish & Wildlife tracks hundreds of plant species across the state and publishes findings on its website. You can report a sighting of a rare species in Vermont by submitting this form.



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Vermont sweeps twin state hockey games

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Vermont sweeps twin state hockey games


BURLINGTON, Vt. (WCAX) – For the first time since 2012, Vermont swept the boys and girls twin state hockey games on Saturday.

In the first contest, the girls used a three-goal first period to earn a 3-2 victory. Woodstock’s Gracelyn Laperle was named Vermont’s MVP in the fourth-straight victory for the VT girls.

New Hampshire had taken the past three games on the boys side, but Vermont got the last laugh on Saturday, winning 4-2 after taking a commanding 4-0 lead.

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