Vt. judge hears lawsuit over interim ed secretary appointment

MONTPELIER, Vt. (WCAX) – A Vermont Judge Thursday heard arguments in the case over whether the state’s interim education secretary can stay on the job.

Two Democratic lawmakers this summer sued Governor Phil Scott over his appointment of Interim Education Secretary Zoie Saunders.

It comes after the Senate voted in April 19 to 9 to reject Saunders’ confirmation as education secretary, citing concerns about her background and qualifications. Moments later, the governor appointed Saunders interim secretary.

Senators Tanya Vyhovsky, P/D-Chittenden County, and Dick McCormack, D-Windsor County, allege the governor circumvented the Vermont Constitution which says confirmations need the advice and consent of the state senate.

“If you do not read this sentence as we are arguing it, there is no effective check and balance by the Senate. The governor would be able to reappoint by fiat,” said John Franco, a lawyer for the senators.

“This dispute isn’t really a dispute about the function of law or the constitution, it’s a political dispute about Secretary Saunders personally,” said David Golubock, a lawyer representing the Scott administration.

Judge Robert Mello is expected to make a decision in the case in the coming days.

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