§ 6032.
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/vt/title-10/chapter-151/6032A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 6032. Land Use Review Board Nominating Committee
(a)Creation. The Land Use Review Board Nominating Committee is created for the purpose of assessing the qualifications of applicants for appointment to the Land Use Review Board in accordance with section 6021 of this title.
(b)Members. The Committee shall consist of six members who shall be appointed by June 30, 2024 as follows:
(1)The Governor shall appoint two members from the Executive Branch, with at least one being an employee of the Department of Human Resources.
(2)The Speaker of the House of Representatives shall appoint two members from the House of Representatives.
(3)The Senate Committee on Committees shall appoint two members from the Senate.
(c)Terms. The members of the Committee shall serve for terms of two years. Members shall serve until their successors are appointed. Members shall serve not more than three consecutive terms. A legislative member who is appointed as a member of the Committee shall retain the position for the term appointed to the Committee even if the member is subsequently not reelected to the General Assembly during the member’s term on the Committee.
(d)Chair. The members shall elect their own chair.
(e)Quorum. A quorum of the Committee shall consist of four members.
(f)Staff and services. The Committee is authorized to use the staff and services of appropriate State Agencies and Departments as necessary to conduct investigations of applicants.
(g)Confidentiality. Except as provided in subsection
(h)of this section, proceedings of the Committee, including the names of candidates considered by the Committee and information about any candidate submitted to the Governor, shall be confidential. The provisions of 1 V.S.A. § 317(e) (expiration of Public Records Act exemptions) shall not apply to the exemptions or confidentiality provisions in this subsection.
(h)Public information. The following shall be public:
(1)operating procedures of the Committee;
(2)standard application forms and any other forms used by the Committee, provided they do not contain personal information about a candidate or confidential proceedings;
(3)all proceedings of the Committee prior to the receipt of the first candidate’s completed application; and
(4)at the time the Committee sends the names of the candidates to the Governor, the total number of applicants for the vacancies and the total number of candidates sent to the Governor.
(i)Reimbursement. Legislative members of the Committee shall be entitled to per diem compensation and reimbursement for expenses in accordance with 32 V.S.A. § 1010. Compensation and reimbursement shall be paid from the legislative appropriation.
(j)Duties.
(1)When a vacancy occurs, the Committee shall review applicants to determine which are well qualified for the Board and submit those names to the Governor. The Committee shall submit to the Governor a summary of the qualifications and experience of each candidate whose name is submitted to the Governor together with any further information relevant to the matter.
(2)An applicant for the position of member of the Land Use Review Board shall not be required to be an attorney. If the candidate is admitted to practice law in Vermont or practices a profession requiring licensure, certification, or other professional regulation by the State, the Committee shall submit the candidate’s name to the Court Administrator or the applicable State professional regulatory entity, and that entity shall disclose to the Committee any professional disciplinary action taken or pending concerning the candidate.
(3)Candidates shall be sought who have experience, expertise, or skills relating to one or more of the following areas: environmental science; land use law, policy, planning, and development; and community planning. All candidates shall have a commitment to environmental justice.
(4)The Committee shall ensure a candidate possesses the following attributes:
(A)Integrity. A candidate shall possess a record and reputation for excellent character and integrity.
(B)Impartiality. A candidate shall exhibit an ability to make determinations in a manner free of bias.
(C)Work ethic. A candidate shall demonstrate diligence.
(D)Availability. A candidate shall have adequate time to dedicate to the position.
(5)The Committee shall require candidates to disclose to the Committee their financial interests and potential conflicts of interest. (Added 2023, No. 181 (Adj. Sess.), § 3, eff. June 17, 2024.)