2011 Vermont Code
Title 03 Executive
Chapter 27 STATE EMPLOYEES LABOR RELATIONS ACT
§ 972 Definitions

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TITLE 3

Executive

PART I

Generally

CHAPTER 27. STATE EMPLOYEES LABOR RELATIONS ACT

Subchapter IV-A. Whistleblower Protection

§ 972. Definitions

As used in this subchapter:

(1) "Department head" means a secretary of an agency, commissioner of a department, director of an office, or any other appointing authority in charge of an agency of state government.

(2) "Illegal order" means a directive to violate, or to assist in violating, a federal, state, or local law.

(3) "Public body" means:

(A) a department head or employee specifically designated or assigned to receive a complaint that constitutes protected activity under this chapter;

(B) a board or commission of state government;

(C) the Vermont state auditor;

(D) a state or federal agency that oversees the activities of a state agency;

(E) a law enforcement officer as defined in 20 V.S.A. { 2358(c)(1);

(F) a federal or state court, grand jury, petit jury, law enforcement agency, or prosecutorial office;

(G) the general assembly or the United States Congress; or

(H) an officer or employee of an entity listed in this subdivision (3) when acting within the scope of his or her duties.

(4) "Retaliatory action" includes any adverse performance or disciplinary action, including discharge, suspension, reprimand, demotion, denial of promotion, imposition of a performance warning period, or involuntary transfer or reassignment that is given in retaliation for the state employee's involvement in a protected activity, as set forth in section 973 of this title.

(5) "State employee" means an individual employed on a permanent or limited status basis by the state of Vermont. (Added 2007, No. 128 (Adj. Sess.), { 1, eff. May 13, 2008.)