The Office of the State Auditor found significant shortcomings with how the Vermont Department of Health reviews complaints related to food and lodging establishments, according to a recent report.

The report is the first audit of four planned for the coming months by Auditor Doug Hoffer and his staff, part of an effort to assess how the state government responds to Vermonters’ complaints. 

The department’s Food and Lodging program is responsible for ensuring that Vermont restaurants, hotels, and other similar establishments, follow the state’s health and sanitation regulations and protocols. The program provides licenses and inspects more than 6,000 food establishments and regulates lodging facilities, while addressing the complaints it receives from the public.

The audit selected 45 complaints for review out of the 1,081 complaints the program received between 2022 and 2024. The types of complaints that come in include allegations of unsanitary conditions, bed bug infestations, inadequate cooking and contaminated food equipment. Inspectors have to first verify if the complaints are true, and if so, recommend corrective actions.

However, the audit found that inspections were not always conducted within the required timeframe, and, in some cases, inspectors did not follow up to verify if the problems were resolved. Of the complaints reviewed, 16 of them were not investigated in the timeframe required. Seven out of the 10 complaints with more serious allegations were not investigated within the required two days. Two of them were not investigated at all.

Additionally, inspectors closed 18 of the 26 complaints that required corrective actions without confirming if the problems had been resolved. Hoffer said this does not necessarily mean that the owner of the establishment did not address the problem but that the inspectors did not visit the place again to check if they did.

“If you’re calling for a corrective action for a serious problem, you need to make sure that it’s been done and documented, and they were kind of short on that,” Hoffer said.

The audit also found that the Department of Health doesn’t measure the performance of the Food and Lodging program, which is a state requirement. The program is also missing specific policies and procedures for handling complaints.

Hoffer said the auditor’s office will follow up in one year and again in three years to see if the department has implemented their recommendations to improve the program.

The public complaint system evaluated in the audit is just one part of the work carried out by the program, according to Liz Wirsing, the senior program manager for Food and Lodging.

“The report evaluated a small sample of the hundreds of complaints that we receive and follow up on every year, so sometimes other priorities have to take precedence for protecting public health,” Wirsing said.

Still the recommendations are helpful, and the program is already working on implementing them, she said.  

“We appreciate the public reaching out to us and sharing their concern,” Wirsing said, adding that people should continue to file complaints. “It’s important information, and it does help alert us sometimes to things that need some follow-up.”

The union representing Vermont state employees is turning to two legal venues to challenge Gov. Phil Scott’s order that many of its members return to the office in person.

On Nov. 10, the Vermont State Employees’ Association filed a charge with the state’s Labor Relations Board alleging the Scott administration skirted a union demand to enter formal bargaining over the return-to-work plan, in violation of labor protection laws. The plan will require many employees to come into the office at least three days a week. 

The union also filed a separate grievance with the Labor Relations Board arguing that parts of the plan violated the collective bargaining agreement it has in place with the state.