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Vermont Human Rights Commission warns intake backlog, seeks more staff as HUD narrows dual‑filing

2270592 · February 11, 2025
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Summary

The Vermont Human Rights Commission told the House Appropriations Committee it faces a rising intake backlog, unassigned investigations and uncertain HUD contract revenue, and described requests for new positions (including a bill, H.38) to expand capacity.

The Vermont Human Rights Commission told the House Appropriations Committee on Feb. 10 that it is operating with seven exempt positions, a growing backlog of intakes and unassigned investigations, and uncertainty over portions of federal contract funding tied to dual‑filed fair housing cases.

"I'm Big Hartman. I'm the executive director and general counsel at the State of Vermont Human Rights Commission," said Big Hartman, introducing the agency's FY26 budget request and describing current operations and staff duties. Hartman said the commission receives a HUD contract that pays a base administrative fee plus per‑case payments for dual‑filed fair housing matters; HUD funding has historically been less than $90,000 a year. For FY26, Hartman said HUD funding is budgeted at $92,000, about 8 percent of the commission's proposed $1,135,000 budget.

The commission described how intakes and investigations are handled and where the office is strained. Hartman said the office has one executive staff assistant who historically handled all intakes; the commission now spreads intake work across staff after turnover in that position. Hartman said staff are receiving between 20 and 40 emails and calls a day, about 100 inquiries a month, and that the intake pipeline sometimes holds roughly 100 people waiting for an intake to be completed. He said the commission currently has about 30 investigations on the docket that are unassigned.

Hartman provided case‑processing data to illustrate capacity limits. He said the commission's investigators historically averaged an age at closure around 649 days (fiscal year 23), which improved to 474 days in fiscal year 24 after process changes. In fiscal year 24 the commission recorded 33 determinations, 22 of which found reasonable grounds. Hartman said investigators typically can settle or close roughly one to two cases per month each.

Hartman also described external constraints. He said HUD has indicated it will no longer accept "for dual filing" certain cases involving gender identity discrimination, though the commission will continue to pursue those claims under state law without expecting HUD reimbursement. Hartman summarized federal and agency timing requirements: allegations must be made to the commission within one year, the commission "endeavors to complete" investigations in six months under its own rule, and HUD expects that 50 percent of dual‑filed fair housing cases be closed within 100 days for performance monitoring.

On staffing, Hartman noted a recent hire: a senior litigator brought on in October whose caseload includes about 15 lawsuits. He said the FY24 budget added that single litigator position; prior requests for additional positions (including an intake specialist and another investigator) were not funded in FY25. A committee member said they have introduced bill H.38, drawn from conversations with the commission, that would request six full‑time positions and two part‑time positions to substantially expand the commission's capacity.

Jason Pienhard from the agency administration financial services division explained a technical budget presentation point: the apparent large increase in salaries on the FY26 summary reflects moving the newly funded litigator into the salaries and benefits lines rather than treating that position as an "other personal services" item. Hartman said the governor's recommended total for the commission is $1,135,000, with more than $1 million of that for salaries and benefits and the remainder for operating expenses.

Committee members asked about alternatives and statewide models. Hartman said other states typically consolidate anti‑discrimination investigations in a single agency rather than splitting work between a human rights commission and an attorney general civil rights unit; he noted that his office conducts neutral investigations and, when it files enforcement actions, the commission itself is the plaintiff rather than representing complainants.

No formal committee vote was taken during Hartman's appearance. Members said they would continue to examine the request and related legislation during the budget process.

The committee scheduled other agency budget presentations for the next day but indicated further discussion of the Human Rights Commission's requests was likely to continue if H.38 moves through the legislative process.