Download this document in WordPerfect 6.1 format

NO. 28. AN ACT RELATING TO COMPENSATION FOR CERTAIN STATE EMPLOYEES.

(H.537)

It is hereby enacted by the General Assembly of the State of Vermont:

* * * Elected Officers, Department Heads; Judiciary * * *

Sec. 1. 32 V.S.A. 1003 is amended to read:

1003. SALARIES

(a) Each elective officer of the executive department is entitled to an annual salary as follows:

*[Annual]* Annual Annual Annual

*[Salary]* Salary Salary Salary

*[as of Jan]* as of Jan. as of Jan. as of July 5,

*[6, 1996]* 6, 1997 4, 1998 1998 and

thereafter

(1) Governor *[$93,122]* $96,661 $100,575 $105,402

(2) Lieutenant governor *[38,821]* 40,296 41,927 43,939

(3) Secretary of state *[58,598]* 60,825 63,288 66,325

(4) State treasurer *[58,598]* 60,825 63,288 66,325

(5) Auditor of accounts *[58,598]* 60,825 63,288 66,325

(6) Attorney general *[70,392]* 73,067 76,026 79,675

(b) The governor may appoint each officer of the executive branch listed in this subsection at a starting salary ranging from the base salary stated for that position to a salary which does not exceed the maximum salary unless authorized by this subsection. The maximum salary for each appointive officer shall be fifty percent above the base salary. Annually, the governor may grant to each of those officers an annual salary adjustment subject to the maximum salary. The annual salary adjustment granted to officers under this subsection shall not exceed the average of the total rate of adjustment available to classified employees under the collective bargaining agreement then in effect. In addition to the annual salary adjustment specified in this subsection, the governor may grant a special salary increase subject to the maximum salary, or a bonus, to any officer listed in this subsection whose job duties have significantly increased, or whose contributions to the state in the preceding year are deemed especially significant. Specialsalary increases or bonuses granted to any individual shall not exceed the average of the total rate of adjustment available to classified employees under the collective bargaining agreement then in effect.

(1) Heads of the following departments, offices and agencies:

*[Base]* Base Base Base

*[Salary]* Salary Salary Salary

*[as of]* as of as of Jan. as of July

*[Jan 6,]* Jan. 6, 4, 1998 5, 1998 and

*[1996 and]* 1997 *[and]* thereafter

*[thereafter]* *[thereafter]*

(A) Administration*[$55,825]*$57,946$60,292$63,186

(B) Agriculture, food

and markets *[47,152]*48,94450,92653,370

(C) Banking, insurance,

securities, and health care

administration*[52,108]*54,08856,27858,979

(D) Finance & management*[52,108]*54,08856,27858,979

(E) Housing and community

development*[47,152]*48,94450,92653,370

(F) Corrections*[52,108]*54,08856,27858,979

(G) Commerce and

community development*[55,825]*57,94660,29263,186

(H) Economic development*[47,152]*48,15250,92653,370

(I) Education*[52,108]*54,08856,27858,979

(J) Employment and training*[52,108]*54,08856,27858,979

(K) Natural Resources*[55,825]*57,94660,29263,186

(L) Fish and wildlife*[47,152]*48,94450,92653,370

(M) Forests, parks and

recreation*[47,152]*48,94450,92653,370

(N) Health*[52,108]*54,08856,27858,979

(O) Human services*[55,825]*57,94660,29263,186

(P) Labor and industry*[47,152]*48,94450,92653,370

(Q) Liquor control*[47,152]*48,94450,92653,370

(R) Developmental and mental

health services*[52,108]*54,08856,27858,979

(S) Military*[47,152]*48,94450,92653,370

(T) Motor vehicles*[47,152]*48,94450,92653,370

(U) Personnel*[47,152]*48,94450,92653,370

(V) Public safety*[52,108]*54,08856,27858,979

(W) Public service*[52,108]*54,08856,27858,979

(X) Social and rehabilitation

services*[52,108]*54,08856,27858,979

(Y) Social welfare*[52,108]*54,08856,27858,979

(Z) Veterans' home*[47,152]*48,94450,92653,370

(AA) Libraries*[47,152]*48,94450,92653,370

(BB) Taxes*[47,152]*48,94450,92653,370

(CC) Transportation*[55,825]*57,94660,29263,186 (DD) Environmental

conservation*[52,108]*54,08856,27858,979

(EE) Defender general*[47,152]*48,94450,92653,370

(FF) Lottery*[47,152]*48,94450,92653,370

(GG) Buildings and general *[52,108]*54,08856,27858,979

services

(HH) [Repealed.]

(II) Aging and disabilities*[47,152]*48,94450,92653,370

(JJ) Environmental Board

Chairperson*[47,152]*48,94450,92653,370

(KK) Tourism and marketing48,94450,92653,370

(2) Directors of the following divisions, offices and boards

The secretary of administration may include the following positions in any pay planswhich may be established under the authority of section 1020(c) of this title, provided the minimum hiring rate does not fall below that in this section.

(A) *[Rate setting]* *[40,49141,300]*

*[(B) [Repealed]]*

*[(C)]* Economic opportunity*[40,491]*41,30042,97245,034

*[(D) Alcohol and drug abuse40,49141,300]*

*[(E)]*(B) Professional regulation *[40,491]*41,30042,97245,034

*[(F)]*(C) Child support*[40,491]*41,30042,97245,034

(3) If the chairperson of the environmental board is employed on less than a full-time basis, the hiring and salary maximums for that position shall be reduced proportionately.

(4) *[[Repealed]]*

*[(5)]* When a permanent employee is appointed to an exempt position, the governor may authorize such employee to retain the present salary even though it is in excess of any salary maximum provided in statute.

(c) The annual salaries of the officers of the judicial branch named below shall be as follows:

*[Annual]* Annual Annual Annual

*[Salary]* Salary Salary Salary

*[as of]* as of as of Jan. as of July

*[Jan 6,]* Jan. 6, 4, 1998 5, 1998

*[1996]* 1997 and

*[and]* *[and]* thereafter

t*[hereafter]* *[thereafter]*

(1) Chief justice of

supreme court *[$83,913]*$87,102$90,629$94,979

(2) Each associate

justice*[80,031]*83,07286,43690,584

(3) Administrative judge *[80,031]*83,07286,43690,584

(4) Each superior judge *[76,021]*78,91082,10586,046

(5) Each district judge *[76,021]*78,91082,10586,046

(6) Each magistrate*[43,32444,970]*

48,47054,07556,670

(7) Each traffic and municipal

ordinance bureau hearing officer48,47054,07556,670

(d) Notwithstanding the maximum salary established in subsection (b), the defender general shall not receive compensation in excess of the compensation established for the attorney general in this section.

Sec. 1a. 32 V.S.A. 1051 is amended to read:

1051. SPEAKER OF THE HOUSE; PRESIDENT PRO TEMPORE

(a) The speaker of the house shall receive annual compensation of *[$8,200.00 for the 1991 biennial session and $8,735.00 for the 1991 adjourned session and]* $9,172.00 for the 1999 biennial session and thereafter to be paid in *[semi-monthly payment]* biweekly payments. In addition to the annual compensation, the speaker shall receive:

(1) *[$530.00 a week for the 1991 biennial session and $565.00 a week for the 1991 adjourned session and]* $593.00 a week for the 1999 biennial session and thereafter, to be paid in *[semi-monthly]* biweekly payments during the regular and adjourned sessions of the general assembly;

(2) *[$105.00 a day during a special session of the general assembly which is called between the 1991 biennial and adjourned sessions and $112.00]* $118.00 a day during a special session of the general assembly which is called at any time following the *[1991 adjourned]* 1999 biennial session; and

* * * [Text Not Reproduced] * * *

(c) The president pro tempore of the senate shall receive:

(1) *[$530.00 a week for the 1991 biennial session and $565.00 a week for the 1991 adjourned session]* $593.00 a week for the 1999 biennial session and thereafter, to be paid in *[semi-monthly]* biweekly payments and expenses as provided to members of the general assembly under subsection (b) of section 1052 of this title during the regular and adjourned sessions of the general assembly;

(2) *[$105.00 a day and expenses as provided to members of the general assembly under subsection (b) of section 1052 during a special session of the general assembly which is called between the 1991 biennial and adjourned sessions and $112.00]* $118.00 a day and expenses as provided to members of the general assembly under subsection (b) of section 1052 during a special session which is called at any time following the *[1991adjourned]* 1999 biennial session; and

(3) *[$105.00 a day for any day between the 1991 biennial and adjourned sessions and]* *[$112.00]* $118.00 a day for any day following the *[1991 adjourned]* 1999 biennial session and actual and necessary expenses while engaged in duties imposed by law while the general assembly is not in session.

Sec. 1b. 32 V.S.A. 1052(a) is amended to read:

(a) Each member of the general assembly, other than the speaker and the president pro tempore of the senate, is entitled to a weekly salary of *[$480.00 for the 1991 biennial session, and]* *[a weekly salary of $510.00 for the 1991 adjourned session and during any biennial session or adjourned session]* $536.00 for the 1999 biennial session and thereafter. The salary of members shall be paid in *[semi-monthly]* biweekly installments. During a special session a member is entitled to *[$95.00 a day for services for each day of a special session which is called between the 1991 biennial and adjourned sessions and $100.00]* $105.00 a day for each day of a special session which is called at any time following the *[1991 adjourned]* 1999 biennial session, for each day on which the house of which he or she is a member shall sit.

Sec. 2. 32 V.S.A. 1053a is amended to read:

1053a. LEGISLATIVE PAGES

*[Notwithstanding any provision to the contrary, legislative]* Legislative pages shall be entitled to a weekly compensation of $100.00 and a weekly expense allowance of *[$50.00]* $60.00 for those who commute and *[$85.00]* $95.00 for those who rent a room in Montpelier. Pages will be paid in the same manner as members of the general assembly.

* * * Probate Judges * * *

Sec. 3. 32 V.S.A. 1142(a) is amended to read:

(a) The annual salaries of the judges of probate in the several probate districts, which shall be paid by the state in lieu of all fees or other compensation, shall be as follows:

*[Annual]* Annual Annual Annual

*[Salary as]* Salary as Salary Salary

*[of Jan 6,]* of Jan. 6, as of Jan. as of July 5,

*[1996]* 1997 4, 1998 1998 and

thereafter

(1) Addison*[$36,067]*$37,438$38,954$40,823

(2) Bennington*[31,187]* 32,37233,68335,299

(3) Caledonia *[36,067]* 37,43838,95440,823

(4) Chittenden *[56,238]* 58,37560,73963,654

(5) Essex *[16,911]* 17,55418,26419,140

(6) Fair Haven *[26,179]* 27,17428,27429,631

(7) Franklin *[36,067]* 37,43838,95440,823

(8) Grand Isle *[16,911]* 17,55418,26419,140

(9) Hartford *[36,067]* 37,43838,95440,823

(10) Lamoille *[26,179]* 27,17428,27429,631

(11) Manchester *[26,179]* 27,17428,27429,631

(12) Marlboro *[31,187]* 32,37233,68335,299

(13) Orange *[31,187]* 32,37233,68335,299

(14) Orleans *[31,187]* 32,37233,68335,299

(15) Rutland *[46,465]* 48,23150,18452,592

(16) Washington *[46,465]* 48,23150,18452,592

(17) Westminster *[26,179]* 27,17428,27429,631

(18) Windsor *[31,187]* 32,37233,68335,299

* * * Assistant Judges * * *

Sec. 4. 32 V.S.A. 1141(a) is amended to read:

(a) Each assistant judge of the superior court shall receive *[$89.00 a day as of January 6, 1996, and]* $92.00 a day as of January 6, 1997, and $95.76 a day as of January 4, 1998, and $100.32 a day as of July 5, 1998 for time spent in the performance of official duties and necessary expenses as allowed to classified state employees.

* * * County Clerks * * *

Sec. 5. 32 V.S.A. 1181 is amended to read:

1181. COUNTY CLERKS

The annual salaries of the county clerks in the respective counties which shall be paid by the state in lieu of all fees or other compensation shall be as follows:

*[Annual]* Annual Annual Annual

*[Salary as]* Salary as Salary Salary

*[of Jan 6,]* of Jan. 6, as of Jan. as of July 5,

*[1996]* 1997 *[and]* 4, 1998 1998 and

*[thereafter]* thereafter

(1) Addison county*[$34,650]*$35,96737,42339,219

(2) Bennington county *[34,650]* 35,96737,42339,219 (3) Caledonia county *[31,134]* 32,31733,62535,239

(4) Chittenden county *[47,932]* 49,75351,76754,251

(5) Essex county *[18,369]* 19,06719,83920,791

(6) Franklin county *[34,650]* 35,96737,42339,219

(7) Grand Isle county *[18,369]* 19,06719,83920,791

(8) Lamoille county *[31,134]* 32,31733,62535,239

(9) Orange county *[31,134]* 32,31733,62535,239

(10) Orleans county *[31,134]* 32,31733,62535,239

(11) Rutland county *[41,287]* 42,85644,59146,731

(12) Washington county *[41,287]* 42,85644,59146,731

(13) Windham county *[34,650]* 35,96737,42339,219

(14) Windsor county *[41,287]* 42,85644,59146,731

* * * Sheriffs * * *

Sec. 6. 32 V.S.A. 1182(a) is amended to read:

(a) The annual salaries of the sheriffs shall be as follows:

*[Annual]* Annual Annual Annual

*[Salary]* Salary Salary Salary

*[as of]* as of as of as of

*[Jan 6,]* Jan. 6, Jan. 4, July 5,

*[1996]* 1997 *[and]* 1998 1998 and

*[thereafter]* thereafter

(1) Addison county*[$40,703]*$42,250$43,961$46,071

(2) Bennington county *[37,949]* 39,39140,98642,953

(3) Caledonia county *[37,949]* 39,39140,98642,953

(4) Chittenden county *[44,711]* 46,41048,28950,606

(5) Essex county *[30,933]* 32,10833,40835,011

(6) Franklin county *[37,949]* 39,39140,98642,953

(7) Grand Isle county *[33,691]* 34,97136,38738,133

(8) Lamoille county *[40,703]* 42,25043,96146,071

(9) Orange county *[37,949]* 39,39140,98642,953

(10) Orleans county *[40,703]* 42,25043,96146,071

(11) Rutland county *[42,205]* 43,80945,58347,770

(12) Washington county *[42,205]* 43,80945,58347,770

(13) Windham county *[42,205]* 43,80945,58347,770

(14) Windsor county *[42,205]* 43,80945,58347,770

* * * State’s Attorneys * * *

Sec. 7. 32 V.S.A. 1183(a) is amended to read:

(a) The annual salaries of state's attorneys shall be:

*[Annual]* Annual Annual Annual

*[Salary]* Salary Salary Salary

*[as of]* as of as of as of

*[Jan 6,]* Jan. 6, Jan. 4, July 5,

*[1996]* 1997 *[and]* 1998 1998 and

*[thereafter]* thereafter

(1) Addison county *[$54,740]*$56,820$59,121$61,958

(2) Bennington county *[54,740]* 56,82059,12161,958

(3) Caledonia county *[54,740]* 56,82059,12161,958

(4) Chittenden county *[57,286]* 59,46361,87164,840

(5) Essex county *[27,371]* *[28,411]*

42,61544,34046,468

(6) Franklin county 54,740 56,82059,12161,958

(7) Grand Isle county 41,055 42,61544,34046,468

(8) Lamoille county 54,740 56,82059,12161,958

(9) Orange county 54,740 56,82059,12161,958

(10) Orleans county 54,740 56,82059,12161,958

(11) Rutland county 54,740 56,82059,12161,958

(12) Washington county 54,740 56,82059,12161,958

(13) Windham county 54,740 56,82059,12161,958

(14) Windsor county 54,740 56,82059,12161,958

* * * Sheriffs’ Transport Fees * * *

Sec. 8. 32 V.S.A. 1591(2)(C) is amended to read:

(C) For each mile of actual travel, for transporting prisoners, juveniles and mental patients*[,]* :

(i) five cents more per mile than the rate allowed state employees under the terms of the prevailing contract between the state and the Vermont State Employees Association, Inc.; or

(ii) twenty cents more per mile than the rate allowed state employees under the terms of the prevailing contract between the state and the Vermont State Employees Association, Inc. when four or more prisoners, juveniles, or mental health clients are transported in a single vehicle designed to carry six or more passengers in addition to the driver.

Sec. 9. REPORT

(a) The commissioner of personnel shall study the compensation of sheriffs and state’s attorneys and develop recommendations for compensation mechanisms that recognize longevity in office. On or before January 15, 1998, the commissioner shall file a report with the general assembly in conjunction with the reports required in 3 V.S.A. 309(a)(19).

(b) On or before January 15, 1998 and in conjunction with the reports required in

3 V.S.A. 309(a)(19), the commissioner of personnel shall report to the general assembly the results of a study of the compensation of executive branch department and agency heads, deputies, exempt division directors and elected officers of the executive branch.

The report shall include appropriate comparative data, compensation history, salary levels relative to subordinates and the effect of compensation on recruiting.

* * * Sergeant at Arms * * *

Sec. 10. 2 V.S.A. 63 is amended to read:

63. SALARY

*[(a)]* The base salary for the sergeant at arms shall be *[$422.00 a week as of January 6,l995 and $436.00 a week as of January 6, l996 and]* $453.00 a week as of January 6, 1997 and $557.00 a week as of January 4, 1998 and $584.00 a week as of July 5, 1998 and thereafter. The joint rules committee may establish the starting salary for the sergeant at arms, ranging from the base salary to a salary which is 30 percent above the base salary. The maximum salary for the sergeant at arms shall be 50 percent above the base salary.

*[(b) During any session of the general assembly the sergeant at arms is entitled to receive the same expenses authorized for members of the general assembly by section 1052(b) of Title 32.]*

* * * Miscellaneous Provisions * * *

Sec. 11. 3 V.S.A. 309(a)(19) is added to read:

(19) Annually on or before January 15, the commissioner of personnel shall submit to the general assembly a report on the status of the state employee work force. The report shall consolidate reports mandated by the general assembly, as well as other information regarding developments in state employment including:

(A) Use of temporary employees.

(B) Use of limited service positions.

(C) Vacancies of more than six months’ duration.

(D) Use of emergency volunteer leave under section 265 of this title.

(E) Development of compensation plans.

(F) Developments in equal employment opportunity.

Sec. 12. Sec. 10 of Act No. 177 of the Acts of 1996 is amended to read:

Sec. 10. REPORT

If the administration implements an alternative compensation plan for managerial employees pursuant to subsection 2222(g) of Title 3, the department of personnel shall report to the house and senate committees on government operations on the results of its efforts to develop and implement such plans in accordance with 3 V.S.A. 309(a)(19).

Sec. 13. 30 V.S.A. 7056(e) is added to read:

(e) In order to facilitate the development of consolidated public safety communications systems, the employees of any local government may be detailed or assigned to a state ofVermont worksite under the same terms and conditions provided for in subchapter 2 of chapter 21 of Title 1, relating to interchange of state employees.

Sec. 14. RATE SETTING; RECLASSIFICATION OF CERTAIN POSITIONS

With the exception of the attorney, all the exempt employees assigned to the division ofrate setting shall be transferred to the classified service with permanent status and no requirement that they serve an original probationary period. None of these transferred employees shall suffer a reduction in salary and each shall receive credit for prior state service as exempt employees. These employees may transfer all accumulated leave balances accrued pursuant to the division of rate setting pay plan.

Sec. 14a. WORKERS’ COMPENSATION; AUXILIARY TROOPERS

Notwithstanding any provision of law to the contrary, wages received from an auxiliary trooper’s regular employment or vocation shall be included in the calculation of workers’ compensation benefits if the trooper was accidentally injured during the first quarter of calendar year 1997 and such injury arose out of and in the course of his or her assigned duties as an auxiliary trooper with the department of public safety.

Sec. 15. SPECIAL CONTRACTUAL AGREEMENT

(a) For the purposes of implementing the two-year agreements between the state of Vermont and the Vermont State Employees’ Association, Inc., for the nonmanagement, supervisory, state police, and corrections bargaining units, for the period July 1, 1997 through June 30, 1999, the following amounts are appropriated:

(1) from the general fund for the fiscal year beginning July 1, 1997, $2,492,552.00, and for the fiscal year beginning July 1, 1998, $4,431,574.00.

(2) from the transportation fund for the fiscal year beginning July 1, 1997, $1,354,803.00, and for the fiscal year beginning July 1, 1998, $2,379,228.00.

(3) from the fish and wildlife fund for the fiscal year beginning July 1, 1997, $58,574.00, and for the fiscal year beginning July 1, 1998, $162,692.00.

(4) from the special funds for the fiscal year beginning July 1, 1997, $549,812.00, and for the fiscal year beginning July 1, 1998, $1,082,747.00.

(5) from federal and other funds for the fiscal year beginning July 1, 1997, $2,257,786.00, and for the fiscal year beginning July 1, 1998, $4,397,794.00.

(b) With due regard to the possible availability of other funds, for the fiscal years 1998 and 1999, the secretary of administration may transfer from the various appropriations and various funds and from the receipts of the liquor control board such sums as he or she may determine to be necessary to carry out the purposes of this act to the various agenciessupported by state funds.

(c) This section shall include sufficient funding to ensure administration of exempt attorney pay plans including deputy state's attorneys and public defenders, subject to the approval of the secretary of administration.

Sec. 16. RATE OF ADJUSTMENT FOR DEPARTMENT HEADS

For purposes of determining annual salary adjustments, special salary increases and bonuses under 32 V.S.A. 1003(b), "the total rate of adjustment available to classified employees under the collective bargaining agreement" shall be deemed to be 4.05 percent in fiscal year 1998 and 4.8 percent in fiscal year 1999.

Sec. 17. EFFECTIVE DATES

This act shall take effect upon passage, except:

(1) Sec. 2, relating to pages and the provisions of Sec. 1 amending 32 V.S.A. 1003(c)(6) and adding 32 V.S.A. 1003(c)(7), relating to compensation for magistrates and hearing officers, which shall take effect on July 6, 1997.

(2) Sec. 10, relating to the sergeant at arms, which shall take effect on January 4, 1998.

(3) Secs. 1a and 1b, relating to legislative compensation, shall take effect when the General Assembly convenes in January 1999.

(4) This section and Sec. 14a shall take effect upon passage.

Approved: May 15, 1997