§ 7. Secretary; powers and duties

(a) The Agency shall be under the direction and supervision of a Secretary, who shall be appointed by the Governor with the advice and consent of the Senate and shall serve at the pleasure of the Governor.

(b) The Secretary shall be responsible to the Governor and shall plan, coordinate, and direct the functions vested in the Agency in accord with the transportation policies established under this title.

(c) The Secretary may, with the approval of the Governor, transfer classified positions between the Department, divisions, and other components of the Agency, subject only to personnel laws and rules.

(d) The Secretary shall determine the administrative, operational, and functional policies of the Agency and be accountable to the Governor for these determinations. The Secretary shall exercise the powers and shall perform the duties required for the Agency’s effective administration.

(e) In addition to other duties imposed by law, the Secretary shall:

(1) administer the laws assigned to the Agency;

(2) coordinate and integrate the work of the Agency;

(3) supervise and control all staff functions; and

(4) whenever the Agency is developing preliminary plans for a new or replacement maintenance facility or salt shed, first conduct a review of all previously developed building plans and give priority to utilizing a common, uniform, and preexisting design.

(f) The Secretary may, within the authority of relevant State and federal statutes and regulations:

(1) Transfer appropriations or parts of appropriations within or between the Department, divisions, and sections.

(2) Cooperate with the appropriate federal agencies and receive federal funds in support of programs within the Agency.

(3) Submit plans and reports, and in other respects comply with federal laws and regulations that pertain to programs administered by the Agency.

(4) Make rules consistent with the law for the internal administration of the Agency and its programs.

(5) Create advisory councils or committees as he or she deems necessary within the Agency and appoint the members for a term not exceeding his or hers. Councils or committees created pursuant to this subdivision may include persons who are not officers or employees of the Agency.

(6) Provide training and instruction for employees of the Agency at the expense of the Agency, and provide training and instruction for employees of Vermont municipalities. Where appropriate, the Secretary may provide training and instruction for municipal employees at the expense of the Agency.

(7) Organize, reorganize, transfer, or abolish sections and staff function sections within the Agency; except however, the Secretary may not alter the number of highway districts without legislative approval.

(8) [Repealed.]

(g) Any and all functions and duties required by law, rules, or policy to be performed by the Secretary or the Agency may be delegated by him or her to any person or component of the Agency that the Secretary deems appropriate.

(h) The Secretary, with the approval of the Governor, may appoint, outside the classified service, a Deputy Secretary to serve at his or her pleasure and to perform such duties as the Secretary may prescribe. The appointment shall be in writing and recorded in the Office of the Secretary of State. The Deputy Secretary shall discharge the duties and responsibilities of the Secretary in the Secretary’s absence. In case a vacancy occurs in the Office of the Secretary, the Deputy shall assume and discharge the duties of office until the vacancy is filled.

(i) The Secretary shall assume the powers and duties of a selectboard in highway matters in unorganized towns and gores pursuant to section 16 of this title.

(j) The Secretary may, after consulting with the Secretary of Natural Resources, adopt rules governing public access to and use of environmental mitigation sites administered by the Agency of Transportation. Signs indicating the rules shall be conspicuously posted in or near all areas affected. Any person who violates these rules shall be subject to a penalty of not more than $300.00.

(k) Upon being apprised of the enactment of a federal law that makes provision for a federal earmark or the award of a discretionary federal grant for a transportation project within the State of Vermont, the Agency shall promptly notify the members of the House and Senate Committees on Transportation and the Joint Fiscal Office. Such notification shall include all available summary information regarding the terms and conditions of the federal earmark or grant. As used in this section, “federal earmark” means a congressional designation of federal aid funds for a specific transportation project or program. When the General Assembly is not in session, upon obtaining the approval of the Joint Transportation Oversight Committee, the Agency is authorized to add new projects to the Transportation Program in order to secure the benefits of federal earmarks or discretionary grants. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1987, No. 146 (Adj. Sess.), eff. April 13, 1988; 1989, No. 246 (Adj. Sess.), §§ 6, 49; 1993, No. 172 (Adj. Sess.), §§ 14, 15; 1995, No. 60, § 19, eff. April 25, 1995; 1999, No. 156 (Adj. Sess.), § 16, eff. May 29, 2000; 2001, No. 64, § 20, eff. June 16, 2001; 2001, No. 141 (Adj. Sess.), § 44; 2005, No. 175 (Adj. Sess.), § 23; 2013, No. 12, § 19; 2013, No. 167 (Adj. Sess.), § 16; 2015, No. 40, § 16; 2021, No. 20, § 76.)