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By Michael Bielawski
Two lawmakers are suing the governor regarding his appointment of Zoie Saunders as interim education secretary. The suit was filed in Washington County Superior Court last week.
“The defendant Vermont Governor Phil Scott purposefully circumvented the constitutional and statutory requirement to obtain the advice and consent of the Vermont Senate for the appointment of the defendant Zoie Saunders to the position of the Vermont Secretary of Education,” the lawsuit states.
The governor’s office told VDC Tuesday morning that “The Governor acted within his constitutional authority to keep an otherwise vacant seat occupied,” but did not provide further details.
At least one of the two senators behind this effort – Sen. Tanya Vyhovsky, P/D-Chittenden-Central – has received campaign funding from local and statewide educators. She accepted $450 in 2022 from Robert Millar, a Winooski School Board president. Winooski benefited strongly from the current school spending formula that provides more funding to communities with a large low-income population.
The same year, Vyhovsky also received $1580 from a Vermont NEA (National Education Association) PAC, according to Vermont Secretary of State records.
She also received $1000 in 2022 from the Vermont State Employees’ Association, which represents all state government employees – including those working for the Vermont Agency of Education.
The other plaintiff in this lawsuit is Sen. Dick McCormack, D-Windsor. McCormack is not seeking re-election.
Vyhovsky, however, is involved in a primary race against fellow incumbents Martine Gulick, Philip Baruth, and newcomer Stewart Ledbetter of Winooski, a former TV anchorman. Campaign funds are particularly important in a Chittenden County primary campaign, where the election winners in the deep-blue county are actually chosen.
Vyhovsky also accepted $250 in 2022 from green energy industry’s heavyweight David Blittersdorf, who is president of All Earth Renewables. The state is currently bound by legislation to mandate highly taxpayer subsidized alternative energy sources for heating, transportation, and electricity production, efforts that she supports in her commentaries and voting.
Regarding the Scott lawsuit, Saunders’ appointment came during the immediate aftermath of the Senate’s rejection of her for the position. They voted against her approval via a 19-9 vote back on April 30.
The lawsuit came the same week the Legislature, including Vyhovsky, imposed an almost 14% rise in statewide homestead property taxes, largely on account of the same lawmakers among the supermajority Democrat/Progressive caucus who rejected Saunders. The governor’s office highlighted this point in an email to VDC on Monday.
Governor’s response
Scott press secretary Amanda Wheeler states, “This lawsuit is another example of legislators focusing more on partisan political maneuvering than the hard work to help schools, kids and taxpayers. Fortunately for Vermonters, Interim Secretary Saunders, her team at the Agency, and the Governor will continue to focus on helping schools navigate the desperate need to stabilize the system and improve outcomes for kids.
“And make no mistake, it’s no coincidence this was announced the same week the legislature imposed a 14% property tax increase. They’d like nothing more than to change the subject and distract Vermonters and the press.”
Wheeler continues to stress that this legislature’s actions are driving up the cost of living:
“For the last month, we’ve been focused on reviewing and acting on the 70+ bills the Legislature passed in the last three days of the session and working to address the emergent issues impacting the education system as a result of historic double digit property tax increases and failed school budgets. From the start, Governor Scott has believed in Interim Secretary Saunders’ skills and ability and continues to believe the Agency of Education is in good hands under her leadership.”
The legislature as of last fall slipped down to a 49% approval rating while the governor continues to be among the most popular in America.
Vyhovsky says it’s not about Saunders
Back in May, Vyhovsky wrote a commentary regarding the governor’s appointment of Saunders to the interim position. She wrote, “Our governor decided to disregard our Senate’s rejection, in a clear violation of separation of powers, by appointing Ms. Saunders interim secretary of education anyway. He also indicated he may well appoint Saunders in a permanent capacity after the session.”
She highlights the state statute outlining how each secretary of education is chosen. It states, “Vermont State title 3 § 2702 says that ‘With the advice and consent of the Senate, the Governor shall appoint a Secretary of Education from among no fewer than three candidates proposed by the State Board of Education. The Secretary shall serve at the pleasure of the Governor.’”
Interims are only for the off-session?
At a press conference, Scott referenced an example from Governor Howard Dean’s administration when Dean similarly had appointments to the Vermont State Environmental Board that were rejected. Dean ultimately was able to get his appointment into the seat.
A 1994 Vermont Environmental Board document details the narrative that the governor is referencing. It states, “On February 22, 1994, the Vermont Senate rejected the confirmation of Board Chair Elizabeth Courtney, and Board members Ferdinand Bongartz [father of Rep. Seth Bongartz] and Terry Ehrich.”
By the following March the governor then appointed Arthur Gibb as Chairman of the board. The board accepted Gibb into that role.
However, Gibb nonetheless allowed the two rejected candidates to participate in a key case regarding the Town of Rutland.
“On March 28, 1994, Board Chair Gibb issued a memo to the parties stating that pursuant to 3 V.S.A. S 849, former Board members Bongartz and Ehrich would participate in deciding the Town’s Motion to Alter unless an objection from a party was received on or before April 8, 1994. There were no objections to the participation of Messrs. Bongartz and Ehrich.”
It may be a requirement that interim appointments should happen only when the session is out. According to Scribd, at the federal level the requirement is, “For ad interim appointments, the President appoints candidates during legislative recesses, subject to later confirmation.”
VDC requested the governor’s office that they respond to the concern that interim appointments typically happen off-session. It responded: “The Governor acted within his constitutional authority to fill vacancies. He continues to believe she is the leader we need moving forward.”
Saunders wants community engagement/audit of existing policies
Saunders has experience working with charter schools in Florida, among other education experiences. The interim secretary meanwhile has a 100-day plan including meetings across the state to directly gauge what parents and community members would like to see more of in education policy.
“My 100-Day Plan prioritizes listening, learning, and tackling emergent needs. I look forward to hosting town halls and focus groups across the state. These forums will create an opportunity for all of us – teachers, non-instructional staff, principals, superintendents, students, parents, and community partners – to come together to discuss our educational priorities,” she wrote.
Saunders was criticized as a reverse carpetbagger, coming north to a state where she had no roots. However, as VDC reported, Saunders’ mother and two sisters and their families live in Vermont.
Public weighs in
In the leadup to the confirmation hearings in the House and Senate for Saunders, many Vermont media outlets were publishing opinions on the matter. Mark O’Maley of Concord had his commentary published by VTDigger, he argued that she was underqualified.
“The most recent Vermont secretaries of education — Rebecca Holcombe, Daniel French, Heather Bouchey — have all possessed a doctoral degree. There are major differences between an M.Ed such as Ms. Saunders holds and the Ed.D and Ph.D degrees,” O’Maley wrote.
Other Vermonters wrote in to support Saunders, including three women who got to interview all three of the final candidates for the position. Kristin Clouser, Monica Hutt, Rebecca Kelley, Julie Moore and Kendal Smith – all members of the governor’s cabinet as well as mothers of Vermont students – helped the governor select Saunders. They wrote why they chose her.
“Each of us had the chance to interview the three finalists selected by the State Board of Education and provide input to the Governor as he made his decision. And we are looking forward to the opportunity to work with incoming Secretary Zoie Saunders. More than that, we are optimistic and excited to see how she can strengthen education in Vermont, benefiting our own children and communities,” they wrote.
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Categories: State Government
Whine, Whine, Whine. Some folks aren’t getting their way(s). I, for one, will be very upset if those folks get their way. I recently spoke with a teacher that agrees with me, and for many reasons.
It’s fairly obvious that the legislature wants one of their lapdogs in the position of Ed Secretary. The one thing that could correct all of this is for the voters to wake up and shake up the one institution that’s driving all of this, the super majority of dem/progs destroying Vermont. Vote with your wallet not your feelings, the state is crumbling under the tax burden of these imported lawless, lawmakers.
Whine, whine, whine? Have you read the posts on this page? Nothing here but inane commentary and name calling by low information cranks.
The issue here is whether the governor can simply ignore the state constitution and unilaterally reappoint Saunders despite the senate’s overwhelming rejection of her confirmation.
To Mark,
She came highly recommended so why didn’t the senate just approve her over their favorite yes person? Sometimes it’s just right to point things out. This is one of the few times the demo/progs look to the VT constitution for guidance. Generally, they ignore it when it doesn’t suit their needs. I’ve been around over 70 years and many of us are sick of watching the underhandedness that has been taking place. I think education in Vermont could use a good examination instead of another yes man or woman appointment.
I like Ms. Saunders even more now that I know she is making school board members nervous enough to spend their own money. Ms. Saunders’ detractors are well aware of her qualifications and that she knows how to do what needs to be done. And won’t that just upset the cushy status quo they have in place. Interesting too, are some of the sources of Ms. Vyhovsky’s funding. Very telling. In announcing that she plans to audit/review the existing system, Ms Saunders must have sparked fear into the hearts of those who benefit from the convoluted funding formulas. Hence the lawsuit. Prove them wrong Governor Scott, your appointment must stand….let Ms. Saunders bring the many flaws of the education funding system out into the light. Just my opinion.
Yes, it’s possible there’s a real reason for their worries.
If you want fringe element Vermont politics at is worst, Tanya is your person.
No accountability, never had a job where there as an expectation of realizing something good, sees herself as a obstructionist. Says she is a Progressive . More like an anarchist. If she had it her way Antifa would be camped out in Burlington—-. Along with the entire state.
Oh, these are her redeeming qualities.
It will be an interesting exercise turning the tables on her funding and travel upstream to the source of this mindless individual.
Classic case study of watch who you place in the statehouse.
You will get another swing at bat soon both in primaries and election. This time pay attention. Please!
Vyhovsky, Gulick, Baruth and Ledbetter. Now there’s a quartet that should get peoples’ attention. Ledbetter is the only one without a voting track record, the others have a clear left wing record of performance, part and parcel to the efforts of reducing voters’/ property owners’ control of business that they should have a say in, and just downright dis-function at the upper reaches of the puzzle palace in Montpelier. I have no use for any of them. I think the people are beginning to wake up and understand there are other choices. Those hapen to be Republican. Look well to your vote.
If the clowns in the statehouse don’t like her then she is definitely the right person. These idiots don’t care what the voters vote down they just pass it and put the cost on the taxpayers. For example the 14% tax increase.
Voters, not the legislature, approve school budgets and they’ve done so at this point in all but two districts.
I want to a new election every time a candidate that I don’t like happens to win. And I want as many new elections as it takes until my candidate wins.
It is not because I am anti democratic, it’s just that the little voters are misguided by the misinformation put out by the candidates I don’t like.
Regards
Democrats and Teachers Union
If ever a statehouse needed an enema it’s this one n full of progress clowns with dumb agendas. Same garbage Burlington is dealing with a narcissist mayor who doesn’t have a clue and full of look at me self entitlement.
You can see the exasperated indignation displayed by the ascendant Dem/Prog cabol when of any of the constituency at large has the temerity
to contradict their orthodoxy.
According to VTDigger’s story today about the lawsuit, the funding of this lawsuit is being provided by unnamed parties, or what some might call “dark money”. Something tells me the lawsuit is not about the legality of Scott’s interim appointment as Vyhovsky maintains, but rather it is “lawfare” against the governor the interim Secretary because she is politically unacceptable to our Dem/Prog overlords. If transparency has any value to Vyhovsky she will urge the donors to allow their names to be revealed. Perhaps then we might see if they are defenders of the constitution as claimed, or hyper-partisans who would do whatever it takes to reject Scott’s actions and defend the status quo.
ms. vyhovsky serves at the pleasure and direction of these donors, she will protect their identities.
In 2021 when Vyhorsky and I were freshman representatives and only on Zoom she gave a disgusting anti-American devotional that I’ll never forgive her for. Those of us who were veterans took great exception to it. Had we been in person I would have walked out.
Sen. Tanya Vyhovsky and Sen. Dick McCormack utilizing constitutional law in a court of law? I am shocked they even know what constitutional law is, let alone weaponize it against their freinemy Governor Scott. Their ulitimate goal and mission is to subvert, circumvent, and wipe their hindends on our constitution – now they’re citing it in lawfare warfare? Whatever axe they are grinding, it appears they are prepared to waste even more money and billable hours at our expense. Way to go selected grifters, way to go!
This is in reply to Mark’s comment, who has no reply button to click on.
You state that the school budgets are voted on by the people in the local districts. That is true, but 95% of those budgets are calculated and set in stone by GUESS WHO>>>>>> the State Ed Dept!!!
We have just seen what a massive rebellion looks like from the people, and in our town, yeah, the budget finally passed, but the rebellion factor was ever present and I predict will be back for round 2 next March on Town Meeting Day.
The “stick it to us crowd” in the legislature is doing just that, by not doing diligence from beginning to end in this business of school finance and administration.
Some people just do not get the fact that BOHICA only will last for just long before some hollering and reaction from the voters happens.( BOHICA?? Bend over, here it comes again!)
After all Governor Scott gave the “other side” you’d think the other side would give one to Scotty.
To the statehouse I present Billy Crystal holding a box of tissues. “Cry, Baby, Cry”.
These left-wing loonies are no different than the ones in DC.
Does anyone know how much are the union dues for teachers?
I’ve said it before and I’ll say it again, Vermont politics are the worst!
It never ceases to amaze me that folks who hold themselves out as ethically superior always seem to demonstrate unethical behavior to prove their ethical superiority.
And, what is still even more mind boggling, they manage to be re-elected!!!
I cannot believe the voters are that stupid……. But, these morons win somehow!!!