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Senate committee hears debate over executive order to elevate Department of Public Safety to agency
Summary
At a Jan. 29 Senate Committee on Government Operations hearing, state officials and union representatives discussed Executive Order 01-25, which would convert the Department of Public Safety into an Agency of Public Safety, focusing on timing, scope, fiscal impact and next steps; no formal committee vote was recorded.
The Senate Committee on Government Operations took testimony Jan. 29 on Executive Order 01-25, a proposal from Governor Scott's administration to convert the Department of Public Safety into an Agency of Public Safety and change the commissioner and deputy commissioner titles to secretary and deputy secretary.
Committee members heard administration officials, the Vermont State Employees Association and legislative counsel describe the order as a narrowly scoped, expedited restructuring intended to recognize the department's size and responsibilities. "This is really simple and long overdue," said Jennifer Morrison, commissioner of the Department of Public Safety.
The proposal would not, according to administration witnesses, immediately reorganize divisions or fold outside law-enforcement units into the department. "The only thing it actually has in common with the last one is that it would become an agency and you would have a secretary and a deputy secretary," said Jay Pershing Johnson, legal counsel to Governor Scott, distinguishing the EO from an earlier, broader legislative proposal (2022 S.155) that sought wider consolidation.
Why it matters: supporters say the change recognizes the department's growth and the volume of public-safety work the state assigns it, including homeland-security duties, disaster response and school-safety oversight. Opponents and some stakeholders urged a legislative process to allow fuller review and member input from represented employees. "We would ask the committee to not to disapprove the executive order in order for a bill to be introduced," said Steve Howard, executive director of the Vermont State Employees Association, requesting time for member deliberation.
Fiscal and timing questions dominated the hearing. Sarah Clark, secretary of administration, told the committee the administration's preliminary analysis shows the principal fiscal effect would be salary-and-benefit increases for the two senior posts and approximates a roughly $32,000 fully loaded cost for those positions. Tucker Anderson of the Office of Legislative Council reported the Joint Fiscal Office had not yet issued a fiscal note on the order but would provide an analysis if requested.
Several senators pressed whether the EO route short-circuited prior legislative work on a more comprehensive reorganization. Senator Clarkson and others recalled a prior Senate bill (2022 S.155) that passed the Senate but stalled in the House; witnesses said that earlier bill had been broader in scope and drew significant opposition from certain law-enforcement entities. The administration said the EO was intentionally narrower to avoid that opposition and to act more quickly. "We thought this was an easy way to do it because it was such a simplified request," Clark said.
Committee members also discussed process: under the 90-day window that applies to certain executive actions, the committee must consider whether to introduce a resolution of disapproval or pursue companion legislation. Witnesses and counsel warned that whether statutory cleanup is required depends on future scope; if authorities currently assigned by statute to particular offices move, targeted legislative amendments could be needed. Tucker Anderson said his review did not identify immediate statutory obstacles that would prevent the administration's proposal from taking effect, though he recommended review of the 2022 bill's language for any transitional matters the committee might want to adopt.
No formal committee vote or final action was recorded during the hearing. Committee members directed staff to obtain or await a fiscal analysis from JFO and to review the text and statutory cleanup in 2022 S.155 as possible companion or follow-up legislation.
The hearing closed with senators and administration officials acknowledging divergent views about procedure and scope but agreeing to continue discussions. Senators said they favored further committee work and potential legislation to clarify long-term structure and authorities if the EO is implemented.
The committee is expected to revisit the item; witnesses noted the administration's proposed effective date could fall within the statutory 90-day window but was not a foregone conclusion.
