Vermont Statutes Title 3 Sec. 312
Terms Used In Vermont Statutes Title 3 Sec. 312
- Contract: A legal written agreement that becomes binding when signed.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
§ 312. Classification plan; definition
(a) The term “merit system” means the system developed to maintain an efficient career service in State government under public rules, which, among other provisions, includes appointment through competitive examination; nondiscrimination because of race, sex, politics, national origin, or religion; an equitable and adequate compensation plan; tenure, contingent on successful performance; and promotion, contingent on evaluated capacity and service.
(b) Merit system principles are:
(1) recruiting, selecting, and advancing employees on the basis of their relative ability, knowledge, and skills, including open consideration of qualified applicants for initial appointment;
(2) [Repealed.]
(3) training employees, as needed, to assure high-quality performance;
(4) retaining employees on the basis of the adequacy of their performance, correcting inadequate performance, and separating employees whose inadequate performance cannot be corrected;
(5) assuring fair treatment of applicants and employees in all aspects of personnel administration without regard to political affiliation, race, color, national origin, sex, or religious creed and with proper regard for their privacy and constitutional rights as citizens; and
(6) assuring that employees are protected against coercion for partisan political purposes and are prohibited from using their official position for the purpose of interfering with or affecting the result of an election or a nomination for office.
(c) Notwithstanding any other provision of law, rules, regulations, or agreements whenever federal requirements are applicable to programs as a condition for receipt of federal funds or assistance, all agency secretaries, department heads, division heads, and other State officers, with the approval of the Governor or of such person as the Governor may designate, are authorized to take such action as is necessary to assure that all personnel practices in those programs are in accordance with federal laws, regulations, and requirements. This provision shall not be construed to authorize the impairment of the State’s obligations under any contract or agreement, or of the vested rights and remedies of any person. (Amended 1971, No. 193 (Adj. Sess.), § 4, eff. April 3, 1972; 1977 No. 109, § 33(c), eff. July 3, 1977.)