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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

Vermont lacks dental providers, efficient treatments, new report finds – VTDigger

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Vermont lacks dental providers, efficient treatments, new report finds – VTDigger


The Lamoille Health Partners mobile dental unit in use at the Waterville Elementary School in mid-October. The unit is meant to bring dental services to more rural parts of Lamoille County. Photo by Gordon Miller/News & Citizen

Many Vermonters have insufficient or nonexistent access to dental care, and the state is losing dental providers, according to a new report released Thursday. 

The Vermont Oral Health Equity Landscape Report, published by the nonprofit Voices for Vermont’s Children, found that, over roughly the past half-decade, Vermont has lost dentists at a faster rate than almost every other state and seen a decline in its children’s dental health.

The state has also been slow to roll out new dental procedures — non-invasive methods that could easily and cheaply improve oral health for many Vermonters, according to the report. 

“It’s very clear that oral health is a key component of overall systemic well being,” Michelle Fay, the executive director of Voices for Vermont’s Children, said in an interview. “And the system that we have set up isn’t working.”

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According to national data from the American Dental Association cited in the report, Vermont had nearly 60 dentists per 100,000 residents in 2019, roughly the national rate.

The state reached that figure “after many years of robust recruitment and policy incentives meant to bolster the dental workforce,” the report reads. But the Covid-19 pandemic erased those gains: As of 2023, Vermont had only 53 dentists per 100,000 residents, the second-steepest decline in the country, per the report. 

From 2015 to 2021, the number of dental hygienists practicing in the state also declined by about 4%, according to data cited by the report. The number of public health dental hygienists — hygienists employed by the Vermont Department of Health — dropped from five prior to Covid-19 to one currently, the report reads. 

The state has also struggled to add dental therapists, professionals who perform routine dental care, to the ranks of practitioners. Last year, the Vermont state auditor found that Vermont State University had failed to stand up a dental therapy program, even after seven years and a $2.6 million investment of public funds. 

One bright spot noted in the report is Vermont Medicaid’s coverage of dental care. As a whole, Vermont dentists see more Medicaid patients than any other state, although its Medicaid reimbursement rates for dental care were mixed: adult reimbursement rates were relatively high, while rates for children’s dental care were in the middle of the pack nationally. 

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Still, Fay said, accessing dental care as a Medicaid patient is not easy. Some dentists may think, “in theory, I’ll take a Medicaid patient,” Fay said, “but only if I haven’t filled all my slots with either private pay or insurance with a higher reimbursement.”

The report also notes that Vermont providers have been slow to adopt new, inexpensive and minimally invasive dental procedures. The report names two specifically: silver diamine fluoride and silver modified atraumatic restorative technique, methods in which protective materials are applied to the outside of teeth. 

Those procedures could have a significant impact on Vermonters’ dental health at low cost, the report says. 

Voices for Vermont’s Children recommends that the state invest in low-cost dental facilities and procedures across the state, including the integration of dental facilities with primary care facilities. The state’s health department should also consider a public education campaign focused on oral health, the report says. 

“The top line is really just the need to think differently about integrating oral health into overall health,” Fay said, “and using all available treatment models to meet the needs of these communities.”

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Christmas Lights Vermont: 6 displays to make some holiday memories at in 2024

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Christmas Lights Vermont: 6 displays to make some holiday memories at in 2024


Holiday lights, decorations at American Christmas in Mount Vernon NY

American Christmas in Mount Vernon has opened its Holiday Lane Christmas lights display to the public through December 29, 2024.

The weather is getting colder and the days are getting shorter, but the dark days of winter bring with them a beloved holiday tradition sure to brighten up anyone’s day – Christmas lights.

And no where does Christmas like Vermont, just ask the Hallmark Channel.

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To experience the dazzling lights of the holiday season, you don’t have to go far. Whether you want to stroll through a park, watch a parade or take in the lights from your car, Vermont is sure to have the holiday light display for you.

Here are six in-state Christmas light displays to check out this holiday season.

Winter Lights at Shelburne Museum

On nights during the holiday season, Shelburne Museum turns into a winter wonderland full of colorful light displays. Each building and garden of the museum’s campus is uniquely decorated, from cascading twinkling lights at Beach Woods to the 220-foot illuminated steamboat “Ticonderoga.”

New this year, Shelburne will feature a circus display filled with whimsical figures under an illuminated Big Top tent. The museum will also have two gift shops and a café with hot chocolate open until 8 p.m. each night of the light display.

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Online tickets cost $15 for adults, $10 for children ages 3-17 or $30 for VIP. Shelburne recommends purchasing online, as tickets at the door are more expensive and not guaranteed. For those who want to experience the dazzling lights from their car, drive around nights are available on select days for $65 per car.

When: Winter Lights is open on select days from Nov. 21, 2024 through Jan. 1, 2025. The event starts at 4:30 p.m., and the last admission is at 7 p.m. Sensory-friendly nights will be Dec. 9 and Dec. 16, and drive through nights are Dec. 3-4, Dec. 10-11, Dec. 17-18 and Jan. 2-5.

Where: Shelburne Museum, 6000 Shelburne Road, Shelburne, VT

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A Forest of Lights

Nature lovers can experience the beautiful Vermont outdoors lit up for the holiday season at the Vermont Institute of Natural Science (VINS) Nature Center in Quechee. A Forest of Lights, the nature center’s holiday light special, is an outdoor walkthrough experience with thousands of lights in exciting displays, including the Snow Shower Tower, Snow Globe, Whimsical Woodland and Mandala Trees.

When you finish walking through the illuminated forest, hot chocolate and light snacks are available for purchase to enjoy by the campfire.

Tickets cost $13 for adults or $8 for children over three.

When: This nature-filled light display is open from 4:30 to 7 p.m. on weekends and other select days from Nov. 22, 2024 through Jan. 4, 2025.

Where: VINS Nature Center, 149 Natures Way, Quechee, VT

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Christmas Lights at the Joseph Smith Birthplace

The Church of Jesus Christ of Latter-day Saints celebrates Christmas with an outdoor light display at the birthplace of the church’s founder, Joseph Smith. Over 200,000 colorful lights decorate the grounds of the South Royalton monument.

Visitors can walk or drive along the decorated path for free.

When: After an official lighting on Nov. 29, this light show will be open daily through Jan. 1, 2025. Hours are 4 to 9 p.m.

Where: Joseph Smith Birthplace, 357 Lds Lane, S. Royalton, VT

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Winter Lights in the Park

This free, family-friendly light display allows guests to walk through lit trees and tunnels in Maple Street Park while holiday music floats through the air. Winter Lights in the Park also doubles as a scavenger hunt for hidden ornaments throughout the decorated trees.

When: Maple Street Park’s lights will be on from 5 to 8 p.m. daily from Nov. 28, 2024 through Jan. 1, 2025.

Where: Maple Street Park, 75 Maple St., Essex Junction, VT

Holiday Lighted Tractor Parade

Manchester’s holiday tractor parade is back for its 14th year, offering a unique mobile light show. As part of the town’s holiday celebration Manchester Merriment, the parade brings tractors and floats decked out in lights and holiday decorations to the heart of downtown Manchester.

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Attendance to the town’s holiday parade is free.

When: This year’s tractor parade is Saturday, Dec. 7 from 5:30 to 6:30 p.m.

Where: The parade takes place in downtown Manchester on Main and Bonnet St.

Spruce Peak Lights Festival

Held for one night only at The Village at Spruce Peak, the Spruce Peak Lights Festival illuminates the ski village and surrounding evergreen trees with thousands of holiday lights.

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Other attractions at this event include ice dancing performances, photos with Santa and a firework show.

When: Spruce Peak’s 2024 lights festival will take place on Saturday, Dec. 21 from 1:30 to 6:30 p.m. The annual lighting will be at 7 p.m.

Where: Spruce Peak Village, 559 Spruce Peak Road, Stowe, VT



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Copley Hospital support staff unionize – VTDigger

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Copley Hospital support staff unionize – VTDigger


Copley Hospital in Morrisville on Oct. 19, 2023. File photo by Carly Berlin/VTDigger and Vermont Public

Support staff at Morrisville’s Copley Hospital voted to unionize last Thursday. The formation, which came through a decisive 68-44 vote, joins together the hospital’s nearly 150 staff with its almost 100 nurses in the regional United Nurses and Allied Professionals union.

“I wanted to form a union to be able to have a voice at the table,” Leta Karasinksi, an emergency department technician, said in a press release. 

“Up until a few years ago, we had the same healthcare plan as the nurses. Now the union nurses have a better health plan than us,” she said. “I want to see equality with benefits. I want to see safe staffing patterns to be able to deliver the quality of care our patients deserve.”

The yes vote comes on the heels of a similar unionization drive by support staff at Central Vermont Medical Center in early September. They chose to unionize as a chapter of AFT-Vermont, joining support staff at the University of Vermont Medical Center and Porter Medical Center. 

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Sarah Bray, a patient engagement specialist at Copley who voted in favor of the union, said in a press release that she thinks the staff should be taken seriously. “I think this union will unite the nurses and support staff for years to come and benefit the community at large.”





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