Vermont Supreme Court Dismisses Suit About Ed Secretary

  • File: Jeb Wallace-Brodeur
  • Education Secretary Zoie Saunders

The Vermont Supreme Court on Friday dismissed a lawsuit brought by two state senators that alleged Gov. Phil Scott violated state law and the Vermont Constitution by naming Zoie Saunders to serve as interim education secretary last April.

Sen. Tanya Vyhovsky (P/D-Chittenden-Central) and now-retired senator Dick McCormack (D-Windsor) first sued Scott and Saunders in June after the Republican governor and Democratic-led legislature sparred over Saunders’ appointment. In April, the Vermont Senate decided against confirming Saunders by a 19-9 vote — but Scott named her as interim secretary anyway.

In July, the Vermont Attorney General’s Office filed a motion to dismiss the case. That motion was granted by Superior Court Judge Robert Mello in September. But lawyers for the senators appealed the case to the Vermont Supreme Court. Before the case was heard, though, Gov. Scott appointed Saunders to the permanent education secretary post — taking the “interim” out of her title — while the legislature was not in session.

In Friday’s ruling, the court wrote that Scott’s November appointment of Saunders to permanent secretary “rendered this case moot.”

“This latter appointment superseded the earlier appointment and is plainly consistent with the process for recess appointments” set by state statute, the ruling stated.

But the court ruling did say that the latest appointment would “be subject to the Senate’s advice and consent.”

“At this juncture, we can only speculate about how the Senate will vote on Ms. Saunders’ nomination and what the Governor might do should her nomination be rejected,” it stated.

Contacted at the Statehouse on Friday, Vyhovsky said the ruling felt like a win because it upheld the Senate’s say in such appointments.

“The justices very clearly found that Scott’s appointment of Saunders in November was subject to the advice and consent of the Senate,” she said.

It is unclear when the Senate will again weigh in on Saunders’ appointment. Sen. Alison Clarkson (D-Windsor) said on Friday that she expects a vote will take place this session, but it is not currently scheduled.

In recent weeks, Saunders has spent many hours in legislative committee hearings, pitching the governor’s education transformation plan to lawmakers.

Kevin McCallum contributed reporting.

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