WHEREAS, the Governor, pursuant to 3 V.S.A. Section 2001, may make such changes in the organization of the Executive Branch or in the assignment of functions among its units as he considers necessary for efficient administration; and
WHEREAS, it is desirable to reorganize the agencies, departments and divisions of government by better coordinating certain activities and improve the coordination and effectiveness of services to the public; and
WHEREAS, the Agency of Commerce and Community Development and the Department of Labor administer programs and provide services that share common policy interests, objectives and constituencies; and
WHEREAS, the goals of greater affordability, economic growth and optimal government efficacy require a stronger and more direct alignment of State government workforce training, recruitment and service programs with economic and community development activities; and
WHEREAS, certain Department of Labor programs relating to workforce and consumer safety can be more efficiently administered by the Department of Public Safety, where additional opportunities for simplifying and streamlining service to Vermonters will be created; and
WHEREAS, the State could strengthen and more efficiently deliver services to the public through the reorganization of the Agency of Commerce and Community Development and the Department of Labor into a single Agency of Economic Opportunity.
NOW THEREFORE, by virtue of the authority vested in me by 3 V.S.A. chapter 41 as Governor, I, Philip B. Scott, do hereby create an Agency of Economic Opportunity by reorganizing the Agency of Commerce and Community Development and the Department of Labor. The Agency of Economic Opportunity shall be successor to the Agency of Commerce and Community Development and the Department of Labor.
1. All duties, responsibilities and authority of the Agency of Commerce and Community Development are hereby transferred to the Agency of Economic Opportunity.
2. All other authorized positions and equipment of the Agency of Commerce and Community Development are transferred to the Agency of Economic Opportunity.
3. All duties, responsibilities and authority of the Department of Labor, other than those relating to V.O.S.H.A., Project WorkSAFE and Passenger Tramway Safety, are hereby transferred to the Agency of Economic Opportunity.
4. All duties, responsibilities and authority of the Department of Labor relating to V.O.S.H.A., Project WorkSAFE and Passenger Tramway Safety, are hereby transferred to the Department of Public Safety.
5. The rules of the former Agency of Commerce and Community Development and the former Department of Labor in effect on the effective date of this Executive Order, other than those relating to V.O.S.H.A., WorkSAFE and Passenger Tramway Safety, shall be the rules of the Agency of Economic Opportunity.
6. The rules of the former Department of Labor in effect on the effective date of this Executive Order relating to V.O.S.H.A., WorkSAFE and Passenger Tramway Safety, shall be the rules of the Department of Public Safety.
7. The positions of Secretary of the Agency of Commerce and Community Development and Commissioner of the Department of Labor are abolished and all the duties, responsibilities, and authority of the Secretary and the Commissioner are hereby transferred to the Secretary of the Agency of Economic Opportunity.
8. Effective April 17, 2017, the Agency of Economic Opportunity shall administer the programs formerly administered by the Department of Labor, other than those programs relating to V.O.S.H.A, WorkSAFE and Passenger Tramway Safety, including but not limited to:
A. Apprenticeship Division and Council (21 V.S.A. §§ 1101-1105);
B. State and Federal job training and employment services programs, including Vermont Employment Service (21 V.S.A. §§ 1201-1206), Displaced Homemakers (21 V.S.A. §§ 1231-1232), Domestic and Sexual Violence Survivors' Transitional Employment Program (21 V.S.A. §§ 1253-1255), and Regional Workforce Education and Training (10 V.S.A. § 542);
C. Vermont Employment Security Board (21 V.S.A. § 1302);
D. Workforce Development Board (10 V.S.A. § 541a);
E. Advisory Council (21 V.S.A. § 1306);
F. Employee Leasing Companies (21 V.S.A. §§ 1031-1043);
G. Employment Practices (21 V.S.A. §§ 301-561);
H. Governor's Committee on Employment of People with Disabilities (21 V.S.A. § 497a);
I. Employee's Liability and Workers' Compensation program (21 V.S.A. §§ 601- 711); and
J. Unemployment Compensation law (21 V.S.A §§ 1301-1471).
9. The Youth in Agriculture, Natural Resources and Food Production Consortium (21 V.S.A. §§ 1151-1153), shall be attached to the Agency of Economic Opportunity for administrative purposes.
10. All duties, responsibilities and authority of the Department of Labor relating to the following programs are hereby transferred to the Department of Public Safety:
A. V.O.S.H.A. and Project WorkSAFE programs (21 V.S.A. §§ 201-232 and 18 V.S.A. §§ 1415-1418 (transferred to Department of Labor by Executive Order No. 21-08 dated January 14, 2005)); and
B. Passenger Tramway program and the Passenger Tramway Board (31 V.S.A. §§ 701-712).
11. All other positions and equipment of the Department of Labor relating to VOSHA, Project WorkSAFE and the Passenger Tramway Program are transferred to the Department of Public Safety.
12. Effective April 17, 2017, the Agency of Economic Opportunity shall administer all programs formerly administered by the Agency of Commerce and Community Development including, but not limited to:
A. Housing, Community Development, Economic Development Historic Preservation and Tourism and Marketing programs (3 V.S.A. §§ 2401- 2516);
B. Vermont Housing Council (created by Executive Order 08-11); and
C. Travel and Information Council (10 V.S.A. § 484 (for purposes of the collection and distribution of travel information)).
13. The Sustainable Jobs Fund Program (10 V.S.A. §§ 326-330), shall be attached to the Agency of Economic Opportunity for administrative purposes.
14. Effective April 17, 2017, the Agency of Economic Opportunity shall consist of four Departments:
A. Department of Marketing and Tourism;
B. Department of Economic Development;
C. Department of Housing and Community Development; and
D. Department of Labor and Workforce Development.
15. The Agency of Economic Opportunity shall be headed by a Secretary appointed by the Governor, with advice and consent of the Senate. The Governor shall also appoint a Deputy Secretary. Each of the four Departments shall be headed by a Commissioner to be appointed by the Governor.
16. The Secretary of the Agency of Economic Opportunity, together with the Commissioner of Labor and Workforce Development, shall further study the effectiveness, priority and delivery of services and shall report any additional recommendation for restructuring and/or statutory changes to the Governor by November 17, 2017.
This Executive Order supersedes and replaces Executive Order No. 01-05, codified as Executive Order No. 21-8.
This Executive Order shall be submitted to the General Assembly pursuant to 3 V.S.A. § 2002. This Executive Order shall take effect on April 17, 2017, unless disapproved by the General Assembly pursuant to 3 V.S.A. § 2002(b).
WITNESS my name hereunto subscribed and the Great Seal of the State of Vermont hereunto affixed at Montpelier this 15th day of January, 2017.
Philip B. Scott
Governor
By the Governor:
Brittney L. Wilson
Secretary of Civil and Military Affairs
EXECUTIVE ORDER 05-17