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Messages - Gary Gilbert
1
« on: September 15, 2018, 11:42:05 AM »
How do we RSVP? Thank you.
2
« on: August 03, 2018, 04:11:26 PM »
Vaughn's mom, Molly offered this information as Vaughn is running for a position that gets very little press coverage. I have works with here in the Court Diversion Program for many years and know that if he is anything like her, he will do a good job.
Vaughn’s Bio
VAUGHN COMEAU, ATTORNEY AT LAW·SATURDAY, APRIL 28, 2018
Thank you for your interest in my background and skills. I have been honored to have the opportunity to return to my home county (I grew up in Swanton) and to serve the Franklin County community over the past 6 years, including representing clients in over 200 probate matters. Now, I look forward to campaigning to earn your vote for Probate Judge in 2018.
I will add more to this page over the coming weeks and months. For now, I hope you find the following overview useful in learning more about my professional experience. Outside of work I have been married for almost 21 years to Sara. We have a 3 1/3 year old daughter, Amelia. When we’re not spending time together walking with our dog near our Berkshire home, cooking or visiting with family and friends, I love to hunt and garden (even if those two hobbies have taken a back seat in the last few busy years!). Please message me if you have any questions, or feel free call or visit my office in Enosburg Falls.
PROFESSIONAL EXPERIENCE
Vaughn Comeau, Private Legal Practice, Enosburg Falls, VT June 2012 - Present
McGuireWoods LLP, Baltimore, MD Associate: Real Estate and Land Use Practice Group September 2007 – June 2012 Summer Associate May – July 2006
United States District Court for the District of Maryland, Baltimore, MD Judicial Clerkship with Judge Marvin Joseph Garbis August 2006 – August 2007 Asper Fellowship with Judge Marvin Joseph Garbis January – May 2006
University of Maryland School of Law Clinical Law Office, Baltimore, MD General Clinic Practice May – August 2005
Intertek Testing Services (and predecessor companies) 1986 - 2003 Environmental, Minerals, Customs, and Industrial inspections, testing, consulting and management Based out of: Burlington, VT; St. Helens, England; Reno, NV; Tashkent, Uzbekistan; Miami, FL; Baltimore, MD Servicing those locations and: Russia, Georgia, Mali, Uganda, Mexico, Ecuador, Peru, Argentina, Venezuela
EDUCATION
University of Maryland School of Law, Baltimore, MD Juris Doctor, cum laude, August 2004 - December 2006 Kenyon College, Gambier, OH Bachelor of Arts, cum laude, Chemistry and International Studies, August 1991 - May 1994 Tver’ State University, Tver’, Russia Middlebury College American Collegiate Consortium, September 1992 – May 1993
AFFILIATIONS AND SKILLS Member, Vermont Bar Association; Member, Franklin Grand Isle Bar Association; Northwestern Medical Center Board of Incorporators; Member, American Bar Association; Member, Maryland State Bar Association (MSBA); Member, The District of Columbia Bar ; Member, American Chemical Society; Certified Community Mediator; Fluent in Russian
ADMITTED State of Vermont; State of Maryland; District of Columbia.; U.S. District Court for the District of Maryland; and Fourth Circuit Court of Appeals
3
« on: October 19, 2014, 11:46:03 AM »
I support Barbara Murphy for Representative from Fairfax. Barbara will reserve judgment on an issue and make her decision based on the best long term interests of the town and the state and the residents in Fairfax.
Barbara is running as an Independent. As a Democrat and former Representative from Fairfax and Georgia, I offer my recommendation of Barbara Murphy in the same manner as I endorsed Republican John Mitchell two years ago. Barbara, as did John, sees her candidacy as a public service and not the start of a political career with aspirations beyond the local level. This would allow her to make decisions based on merit without being influenced by having to go along with a party position.
Barbara has the strength to resist interest group pressure. She possesses the energy and intelligence necessary to sift through the massive amounts of information and propaganda presented to legislators, identify the essential components and then ask appropriate questions to acquire the best information available before making a decision.
Gary Gilbert
4
« on: March 21, 2012, 12:17:41 PM »
Appointment of Secretary of Education draft 3.21.12 Gary Gilbert
The concept of elevating the Commissioner of Education to the cabinet level position of Secretary and moving the Department to the status of an Agency is straight forward.
The Secretary would have direct responsibility for the Agency just as a Secretary does for agriculture. The Secretary will be unable to control the actions of a local board any more than the Secretary of agriculture can control the behaviors of an individual farmer. It is expected that the state board will retain all its powers including setting educational policy and being responsible for school quality. The Agency, Secretary and Governor would be accountable for the success of our educational system. The public would know what the current educational goals were, how they were being addressed, and how the Agency/Governor/Secretary were working together on the issues.
It is an idea whose time has come. Education quality is too important to be allowed to be treated as the ugly step-sister It is time for the State’s CEO to give it the same attention and to integrate it with the other administrative agencies. An analysis of the existing roles and responsibilities, and the changes contemplated by this proposal, are examined in the following sections.
Commissioner/Secretary
Current Law T 16 211: State Board appoints subject to approval of the Governor. In application, this means that the Governor chooses the person he/she wants as he/she has veto over any person nominated. The only requirement is to have special training and experience in educational work. Some requirement similar to this would remain. A Commissioner not of the Governor’s choosing would be ineffectual, receive no gubernatorial support for initiatives and eventually driven to resign.
Proposal: The Governor appoints subject to senate as other secretaries but from no fewer than three submitted by the state board. By the end of the second term a Governor will have replaced board members so it is his/her board. He/she will eventually get the person and board he/she wishes. Under current law the board appears to be independent but will become the Governor’s creation anyway.
State Board
Current Law 161 All members ( 9 with 2 student members – one not voting.) appointed by Governor with consent of senate to 6 yr terms biennially in February…vacancies also appointed.
Proposal: 3 year terms with reappointment to up to three terms. The quality of appointments may be of higher quality as the Governor will require an efficient board as their success or failures will be attributed to his/her selection.
Budget
Current Law 164(4) Biennially, or as required by Governor, prepare budget for DOE. In application, the Department prepares a budget for the Board and submits it to the Governor after the Governor has made his preferences known i.e. Governor determined staffing levels to a given dollar amount or for a specific program. It is the Governor’s recommend that goes to the legislature money committees.
Proposal; The Secretary would be responsible for preparing and presenting the budget as part of the administrations budget proposal to the legislature. It would be the Governor’s budget for which he/she would be accountable. There is also the possibility that the budget would receive greater legislative oversight similar to what occurs in other areas of government. The Governor would be responsible for managing the funds, the Agency, and the results of the Agency. A Governor could not take the position that he/she had no control over spending, quality, or that failure is someone else’s responsibility.
Secretary as cabinet member
Current law: the Commissioner is invited by the Governor to attend cabinet meetings. The Department is an independent Agency of government and the Governor can not tell the Commissioner what to do but can control resources such as funding and staffing levels even if a position is paid by federal funds. The Ed Department cooperates with the agencies of government with memorandums of understanding that describe where, how, and to what degree they will coordinate duties, responsibilities and financial resources. This means that no one is in charge and no one Agency is responsible for the outcomes. Silos are intact. Money allocated to a need can not be adequately tracked and program success evaluated. The Commissioner must serve two masters- one with the bully pulpit and one that meets just once a month.
Proposal: The Secretary would be a member of the Governor’s Cabinet and have the same standing as other agencies. Cooperation would be forced as the Governor would be able to tell each Secretary when, in his/her best judgment, cooperation is necessary to address a problem in an efficient manner. Human Services and Education would sit at the same table, develop budgets that reflect their shared responsibilities, report to and be accountable to the Governor for their results. And the Governor would be accountable to the public for progress, and to the state board which has a legislated public voice and are charged with the responsibility to establish the quality standards for Vermont education. (Human services expend 42% of state appropriations. Education is 33%. However much of the ed expenditure is dollars voted ant the local level and collected at the state level and the Departments role simply to distribute the voted funds to the local districts and not in the control of the Department or the administration.) In other words 1.98 billion and 1.55 billion are big numbers.
Board Powers
Current: Lots – leave all operations the same except operation of the Department/Agency and constructing a suggested budget.. Retain: establish advisory commissions; enter into agreements with government entities, foundations etc; examine appeals; make regulations concerning attendance, deportment, and records; make regulations; implement and update standards for student performance; graduation standards; adult education programs; approve independent schools; establish accounting procedures for districts and supervisory unions; ensure distance learning technologies; report yearly on the condition of education statewide and on a school by school basis; evaluate the equalizing effects of Vermont’s finance system and school quality standards; develop sample ballot language;
Proposal: Remove developing the budget and direct control over the Agency which was already minimal. Add –review and evaluate education policy presented by the
Governor and secretary, establish policies to guide the work of the agency, and engage local school board members and the broader education community. This gives the Board a legislative voice and a public role to hold the Agency and Governor accountable; Approvals, appeals, rule making, quality standards the policy stuff remains.
Local Boards
Current: responsible to their district members
Proposal: No change in authority of local boards. The Secretary would have authority over the Agency, period. He/she would have no authority that the Commissioner does not already have unless the legislature chooses to change existing statutes.
5
« on: August 30, 2011, 02:05:32 PM »
Update: Storm Clean-up
Here is the latest update:
Initial Federal Response: This morning President Obama declared that an emergency exists in Vermont. This means federal funds will be released to be used for immediate emergency related efforts. For example, responders will now have a mobile operational van to assist Vermont’s temporary emergency operations center. They expect to be assisting with such activities as the in the removal of debris, engineering support for V-Trans, and possibly helping with ready-to-eat meals for the Red Cross. Costs with be shared 75% federal/25% state.
Public and Individual Assistance: Vermont Emergency Management (VEMA) and FEMA are still primarily in "response" mode, focused on safety and security. Over the week, the efforts will shift to "recovery" mode. Governor Shumlin will be asking President Obama for Public and Individual Assistance under a major disaster declaration. If granted, this declaration would provide significant federal and state assistance to municipalities for repair and replacement of bridges, as well as substantial grant and loan assistance for Vermont families whose homes or apartments were damages or destroyed. Again, costs will be shared 75% federal/12.5% state/12.5% local.
The first step to acquiring recovery aid is to take a statewide inventory of the damage. Vermont businesses, municipalities and individuals should call 211 to report property damages. If repairs are made by a property owner, it is important to document the repairs and keep receipts for potential assistance.
Emergency Flood Assistance Program for Businesses: The Governor and legislative leaders announced this afternoon their intentions of an expanded version of the Emergency Flood Assistance Program to provide $10 million of very low interest, no first year payment, loans to businesses which suffered losses due to flooding. This program, administered by VEDA, was created after this spring’s floods and there is some money currently available to jump-start the dissemination of loans. The Emergency Board, whose members are the four legislative money chairs and the governor, will need to approve additional funding for this initiative. Details of the program should be finalized over the next couple of days. Interested businesses should go to VEDA’s website (http://www.veda.org/) for more information.
Waterbury Complex: The Waterbury Complex has suffered extensive damage and may be unusable for two weeks or more. Affected agencies and departments have worked throughout the day to implement continuity of operations plans. Of those state employees who usually work out of the Waterbury complex, only specifically authorized critical staff members will report to work at designated alternate work sites, Tuesday. All other state employees who usually work out of the Waterbury Complex should not report to work until authorized.
Vermont State Hospital: The Vermont State Hospital, a part of the Waterbury Complex, is not suitable for patients. Patients have been relocated throughout the day and expect the transfers to be completed this evening. These relocations will be temporary, until the current hospital is refurbished. The Brattleboro Retreat, Second Spring, Fletcher Allen, Springfield Correctional Facility, and other Vermont partners have assisted in this effort.
Contacting Vermont Emergency Management: VEMA and FEMA are coordinating the state and federal efforts with the various relevant agencies, including the Vermont National Guard. If your community has an individual need, call VEMA/FEMA headquarters at 211. A reminder, it is important that property damage be reported by also calling 211.
Additional Resources: Below you will find a summary from this morning’s conference call with emergency management officials. Some of the details in the summary have changed since the call and updates can be found in subsequent press releases from the Agency of Transportation and Vermont Emergency Management (attached). The latest information is available at http://vem.vermont.gov/. Information on roads and bridges is available at http://www.511vt.com/ or by calling 511. We will continue to send updates as they become available.
I hope this information is helpful for you and your communities. Please be in touch with Tom at tcheney@leg.state.vt.us or 828-2245 if you have additional questions and we will work to get them answered.
Summary of Conference Call with Vermont Emergency Management
Keith Flynn, Commissioner of Public Safety
. The Emergency Operations Center was evacuated last night and has moved their field offices temporarily to co-locate with FEMA in Burlington due to the flooding in the Waterbury Complex. There is no outside internet in the Waterbury Complex and it will take 4-5 days to restore the connection.
. There are approximately 264 roads impacted, 4 to 6 bridges are completely destroyed and many others have sustained heavy damage.
. Contingency planning has begun for the State Hospital in case an evacuation is necessary. There are currently 10 State Troopers at the Hospital to assist the staff.
. SWIFT Water response teams are activated throughout the state and are now in the recovery phase of operations.
. Some individuals are isolated in Southern Vermont, but teams have been deployed to reestablish contact with these individuals
Mike O’Neil, Director of the Vermont Emergency Management
. The Red Cross currently have 9 shelters open through out the state and there are over 30 local shelters operating
. Approximately 45 to 50,000 residents are without power and the issues surrounding road access has slowed the restoration process.
. 511 lines are open
Greg Gilbert, Federal Emergency Management
. There are currently 150 federal agents in the state and are coordinating their efforts with local communities
. With the Emergency Declaration in effect, federal resources are available to the state.
Colonel L'Esperance, Vermont State Troopers
. The State Troopers are currently performing a dragnet across the state to determine road damage and go door to door to check on people in affected areas.
. The Bennington and Rutland barracks are currently having communication issues, but teams are working to sort that out
. There has been one fatality in Willington and four people are missing in the Bennington area, though it has not been confirmed that they are in danger.
. New Hampshire, New York and Massachusetts State Police are helping in border areas.
Subject: FW: Transportation Media Alert - Post Irene
Please see this press release just sent out by the Agency of Transportation.
More updates to come throughout the day.
Tom
FOR IMMEDIATE RELEASE Contact: Chris Cole
August 29, 2011 802-828-1647
Montpelier, VT –The Vermont Agency of Transportation has been working throughout the night and continues today to assess road conditions along state infrastructure resulting from Hurricane Irene.
VTrans priority is to establish safe passage for travelers and is closing roads, when needed, and establishing safe detours. VTrans urges members of the public to exercise extreme caution in navigating the State highway system. If travel is not necessary, Vermonters are asked to stay home so emergency responders and road crews can conduct damage assessments to the State’s infrastructure.
There are State highway closures throughout the state, some State highway bridges are completely washed out, while others may be compromised. It will be several days before State officials can inspect all of the State bridges impacted by the extreme flooding caused by hurricane Irene.
Roads may be undermined by the flooding and slope failures may still be occurring. State officials are assessing which communities may be cut off and what infrastructure needs to be repaired first in order that power crews may gain access to down power lines and transformers.
While the Vermont Agency of Transportation knows about the closures to the State highway system, town road closures are reported to Vermont Emergency Management. The final number and location of all town roads and bridges that are closed or impassable is still unknown at this time. The public is urged not to cross roadways with standing water.
VTrans Operations crews have been deployed since the beginning of the weather event working through the evening and are still on the job making repairs to the state system. VTrans is deploying bridge inspection teams including teams from out of state and FEMA to inspect Vermont’s bridges. It will be several days before all bridges, state and town can be inspected.
To receive the latest information on State road and bridge closures, the public can access the State 511 system at http://www.511vt.com/.
Following are the state highway closures in effect as of 0400.
District One
Route 7 south of Manchester
Route 100/9 in Readsboro
Route 100 north of Wilmington
Route 9 in Wilmington
Route 30 at Route 133 in Pawlet
District Two
Route 30 at Newfane, Jamaica – bridges out
Route 9 west of Brattleboro in area of Shell Station & Cumberland Farms.
I-91 SB between Exits 5 and 6
Route 5 in Rockingham – bridge 39 undermining
Route 103 Chester at the new bridge 1 mile south of Route 11
Route 131 in Cavendish near Chub Hill
Route 11 in spots – Chester – Andover and Windham.
Route 100 Jamaica near Route 30 Intersection
Route 100 in Weston
Route 103 in Chester
Route 100 in Wardsboro
District 3
Route 7 north of Wallingford
Route 4 east of Rutland
Route 7 north of Rutland
Route 100 Ludlow
Route 144 East Wallingford
Route 103 Mount Holly
Route 100 between Route 4 and Pittsford
Route 73 between 53 and Route 100
Route 7 near Route 73 in Brandon
District 4
Route 4 in West Woodstock
Route 100 Granville Gulf
Route 107 between Bethel and Route 100
Route 12 between Route 4 and 107
Route 12A in West Braintree
District 5
Route 116 between Route 125 and 17
Route 125 between Route 116 and Route 100
Route 17 between Route 116 and Huntington Road
I-89 in Colchester
Route 2 Jonesville
District 6
Route 100 Moretown to Waitsfield
Route 100B
Route 12 Berlin to Riverton
Route 12 Worcester
Route 14 in Woodbury
District 7
Route 5 north of St. Johnsbury
Route 302 in Groton
Route 5 in Lyndonville
Route 122 previously closed now open
Route 5A at Route 5 in West Burke
District 8
Route 118 previously closed now open
Route 105 between Enosburg and Berkshire
Route 242 west of Jay Peak
District 9
Route 242 east of Jay Peak
Route 16 between I-91 and Barton
Route 105 between 114 and Lakeshore Drive near Island Pond
VERMONT EMERGENCY MANAGEMENT NEWS RELEASE
Date:
08/29/11
Contact:
Robert Stirewalt, Public Information Officer
Vermont Emergency Management
(802) 951-2708
Time:
2215
ADVISORY:
FEMA Distribution Center to be Established at Camp Johnson
BURLINGTON, VT – Thirty Federal Emergency Management Agency (FEMA) trucks carrying emergency supplies are scheduled to arrive in Vermont tonight to provide aid for the thousands of Vermonters affected by Hurricane Irene.
FEMA vehicles, carrying supplies such as food, blankets and other necessary items, will be establishing a distribution center at Camp Johnson in Colchester. From there, the relief supplies will be distributed to the Vermont communities in greatest need starting at sunrise on Tuesday, August 30.
Some communities are unreachable by roadways, so helicopters will be dispatched to distribute those supplies. National Guard will distribute the supplies to the communities reachable by land.
“Our goal is to reach all Vermonters who have been affected by the storm and find themselves in need at this time,” said Gov. Peter Shumlin. “We are utilizing all available resources – local, state and federal – to get commodities to those in need.”
“This identified objective of commodity distribution is consistent with the Governor’s goal of assuring the safety and stability of all Vermonters affected by this storm,” said Department of Public Safety Commissioner Keith Flynn, “and is done with the cooperation of our federal, state and local partners.”
Officials ask the public not to come to Camp Johnson to pick up supplies but to wait for their distribution on TUESDAY morning.
6
« on: April 26, 2011, 01:31:09 PM »
I had the opportunity to address this issue with a member of the judiciary committee, the assistant secretary of transportation, vice-chair of transportation and Carolyn.. A bill that deals with many other items also contains the issue of bill boards and is now in conference committee. When this bill first passed the House there was a great deal of discussion about writing exemptions for different groups or situations and no exemptions were included.
Off premises signs are the issue here and are covered by our bill board laws. The major difficulty is how to apply the law fairly to everyone. The agency of transportation can not be placed in a position of deciding which signs support things they like and which signs support something they do not like. If the law were not enforced uniformly it raises the issue of equal speech. If all signs were prohibited it would treat everyone equally and there is no discrimination. If exemptions were granted for some groups it raises the issue of discrimination or of prohibiting equal access. If some groups were allowed exemptions it would also mean that our bill board law could be overturned and the state would be left with no regulation over signs on or off a premises.
It is clear to me that the AOT sees the signs facing traffic as a violation of existing rules and as off premises advertisements. Inward facing signs however are for those that chose to watch games and are recognition of the support local business have given to our young athletes. It is the owner of the property that is responsible for complying with the law. The best action would be to thank Jim and Lena for the use of their property, thank the merchants who have supported the little league, and adjust the signs to comply with the law.
Gary
7
« on: April 05, 2011, 08:37:11 AM »
H 202 is a cautious step to combat the rapid rise of health care cost for Vermonters and not the great leap that some have suggested. Education cost increases have received a great deal of attention over the last few years. Voters hate to see their educational property tax bill. It is visible and immediate. They know it is going to come out of their pockets even if they pay based on income. They know each time they send money to schools; they just don’t know how much of that increase is caused by health care costs.
Health care costs are not as evident as education costs. But have a broader societal impact. They drive increases in every service and product offered in Vermont. But health care costs are often shared with an employer and the employee may not be aware of the total cost for their coverage. I have heard from an employer whose cost for a health benefit package is greater than their profits for the year. This business owner is acutely aware of the costs and how much they are increasing.
Let me put this in perspective. In the six years for 2004-2010 education spending saw an average annual growth of 4.87% with a total growth of 33%. This was not good. During the same period the cost of Medicaid revenues saw an average annual growth of 8.43% with a total growth of 62%. Not only is this twice the rate of education increases, but it is also a significant cause of that increase. A projected total health spending increase of one million dollars a day cannot continue and we need to take steps to counter that growth. The question is whether it is possible to direct more of that cost toward care by applying less to administrative overhead.
H 202 is a move in that direction. It constructs a process that will be very transparent to the public. There are multiple checkpoints and places where legislative action would be required before the next successive step could be taken. It is your legislative body that will ask and determine answers to the important questions before each step. They will need to understand what will be in a benefits package, the cost of that package and a financing plan. This would be followed by enacting a Green Mountain Care budget. Public input will be sought at each step. It is important to remember that health insurance companies do not provide health care. They manage the flow of dollars between the provider and the client at a cost to the client. A single pipeline for multiple payers could effectively reduce this off the top cost and allow more of our health care dollars to be used for services instead of paperwork.
The bill is now in the Senate Health Committee where they are taking testimony. Businesses and different categories of doctors are divided, health care advocates support some kind of change, and insurance brokers oppose it. As the bill now exists, subject to change, it makes no changes to Medicaid/medicare, Military ins., or companies that self-insure.
Gary
8
« on: March 31, 2011, 01:21:10 PM »
Firearm safety is an important issue. I was a firearms safety instructor in 1980 and recognize the importance of families providing clear guidelines and instruction to family members in the safe use and storage of firearms. I see this bill as increasing that awareness especially among families that do not have a long history of safe firearm practice. Trigger locks are only one consideration. As a sponsor, I hoped to elevate the discussion to one of access by individuals who are not the owners. It is the access to someone else weapon and recent suicides that is the problem. But the manner of securing their own weapons should be made by the owner not government.
The bill as it currently exists will not become law because of several flaws.
1. It is unenforceable as no one is going to check on whether it is being done
2. The penalties will not be a deterrent as no one will think it will happen in their family and also serve no purpose as punishment because a loss of family or friend can not be made up by a fine
3. It is not the role of the government to control what goes on in a home.
A better solution would be to provide instruction for students in firearm safety, especially those that have no intention of ever getting a hunting license. Guns are a part of life, they are available, and even those that don't own one should have some understanding of how to handle them safely.
If this bill does emerge in its present form I will not vote for it.
Gary
9
« on: March 22, 2011, 04:07:15 PM »
Carolyn is accurate. I have not seen this at all.
Gary
10
« on: March 22, 2011, 04:02:41 PM »
I raised the issue of the Electoral College because the newspapers did not deal with the complexity of the issue. Vermont’s influence by either measure is small but what concerns me more is that federal policies do not recognize the unique needs of rural states. Particularly those that have a town form of government and provide services to its citizens from both the state and local level. Most states have a county form of government where decisions are made at the state level, administered by the county and local agencies do only what they are told to do.They do not understand the importance to us to be able to make our own decisions, right or wrong, about things that concern us. Let me give an example from education.
Last year the feds announced that education grants would be available to states that offered or created the opportunity for charter schools to be operated and financed with state dollars. Millions of dollars were at stake but Vermont was not eligible because we did not have any. The reason we don’t is because almost all of our school districts can already do everything that charter schools are allowed to do. Every town district is like a charter school. Charters must allow local communities to determine their curriculum, choose their own school board, hire and fire their own administrators and staff. In return they can be granted exemptions from some state regulation. Fairfax, Georgia, and Fletcher already do this. They can also ask the Commissioner of Education for waivers of state rules.
They do not understand that a school district, like Fairfax, Georgia, or Fletcher has the right to join with or retire from operations with another district. Or that they can close their own school and reopen it as a private school serving the community needs. Or that a community can choose to close their school, or never open one, and tuition all their students.
Other states create school districts, change districts and fully fund them from the state level. We let our local voters make most of these decisions for themselves. In fact, the federal government does not recognize town school districts. They define a district as under a superintendent. The most recent national change is from the NECAP tests to a new Common Core. The feds thought that our Dept. of Education could mandate a curriculum for all schools. They did not understand that their proposed change would mean that every school district in the state would have to go through the same process to match their curriculum of skills and knowledge to the new tests requirements.
After reading the comments to the issue of the current application of the Electoral College, I am convinced that a winner take all position really distorts the will of the voters so that the minority has no voice at all. The biggest weapon Vermont has is, as one of the comments noted, the opportunity to have representatives and senators that serve for a long time: Aiken, Stafford, Leahy, and perhaps Welch and Sanders. The federal seniority system is becoming very important in order to prevent Vermont from being ignored. Our Congressional Delegation seems to spend quite a little time asking for wavers or shaping bill so that they can work in Vermont, not just New Jersey. This state is different and that difference lies in that our citizens have a greater voice that exists in other states.
I appreciate the thoughtful remarks of many of the writers. I hoped to provoke some awareness of the issue. I guess I did.
11
« on: March 20, 2011, 09:09:05 AM »
On Friday the House Education Committee voted out a governance bill on a 10-0-1 vote. The bill establishes an Agency of Education under the direction of a secretary on July 1, 2012. The governor would appoint the cabinet level position with the consent of the Senate. The membership of the State Board of Education would change to an 11 member board with the governor appointing 4 positions from lists submitted by educational and business organizations. There would be 5 at large positions and two student positions, one voting. The board would be directed to engage with local communities, the education community, and state and local policy-makers to help inform and develop a statewide vision for education. The necessary statutory changes to put this into place will begin this summer and be completed by July.
This is the first time that the lines of authority will be clearly spelled out. The Secretary will be responsible for the Agency of
Education and report directly to the Governor. The board will provide public oversight of the agency, and for the first time have direct communication with individuals speaking for school boards, superintendents, principals, teachers, and the business community. It will serve a quasi-judicial role and serve as a check on the agency by hearing appeals in cases involving the agency and local school
districts. The authority of the local district is further protected by existing laws that will not change.
The bill will be further considered by Government Operations, the full House and then the Senate.
Rep. Gary Gilbert
Fairfax/Georgia
12
« on: March 12, 2011, 08:18:19 AM »
The Electoral College was created as part of the Constitutional convention of 1786 and was intended to reflect the physical reality and social attitudes of the time. Distances were vast, communication slow, and commoners were expected to defer to their betters.
The 1788 election was the first use of the college. States could split their votes. In that election, 137 votes from 10 states were cast for 12 different candidates. Vermont had 3 votes or 2 percent of the total.
Today, the rapid flow of information has compressed distances and we now value the opinions of all citizens. But the value of our votes has diminished. In the 2008 election, 538 votes were cast by 50 states between two candidates. Only two states split their votes. Vermont’s 3 votes were only.one-half of a percent of that total.
A President can now be elected by only winning 11 states. Candidates will cater to the states that have the votes; states with higher populations and large cities. Federal policies are reflective of the needs of those states not small or rural states. The question is whether to continue a process where Vermont has limited influence or to pool our votes with other states creating the possibility of selecting a President who campaigned on a national level and is willing to present policies representative of all our citizens and states rather than just those with the most Electoral votes. A national popular vote is worth considering to retain the qualities we value in Vermont.
Representative Gary Gilbert
Fairfax/Georgia
March 11, 2011
849-6333
13
« on: February 21, 2011, 10:09:46 AM »
This week, the House Education committee recommended a repeal of the two-vote or split vote provision one year before it is due to sunset because it did not work and local boards had actually reduced spending on their own. The intent was to reduce spending overall by forcing two-votes on a budget that had an increase of more than 1 percent of the increased cost of living compared to the prior years budget if a district had more than state average spending. However, a small increase could affect a moderate spending district while a high spending district could increase their spending by a much larger sum of money while staying within the same percent range. No high spending districts were affected by this provision. Voters would also lose their right to approve or disapprove special warning items as they saw fit. It was insulting to local elected boards that had carefully prepared a budget and insulting to local voters who were asked to evaluate and vote on that budget proposal.
In the coming weeks, we will be examining the manner in which education governance currently operates and how reorganization could contribute to a more effective and efficient system. The role of the Governor, Commissioner, State Board, Local Boards, Dept. of Education and the Legislature are all under review. (The VT Business Alliance report is a good beginning point for discussion.) House Ed will have a bill out shortly to focus the discussion and has a Public Hearing on Governance planned for March 9, 2011 from 5:00 7:30 pm in room 11 at the State House.
Rep. Gary Gilbert
Fairfax/Georgia
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« on: January 29, 2011, 04:54:02 PM »
Leg update 1.29.11 The House Education Committee passed H.46 in an amended form. The bill requires improved protections for athletes suspected of having received a concussion. All public and independent schools must provide training for coaches, procedures for further diagnosis, and a plan to return to the activity as warranted for that specific athlete. This extends protections for athletes from the high schools to middle and elementary school athletes and has the complete support of health professional, the VPA and the Athletic Directors. There is no dollar cost for this change which will increase protections for student athletes. We began taking initial testimony on School Governance, workforce development, financial literacy, and heard from UVM and the State Colleges about increasing college aspirations for Vermont students. We were briefed on ed. finances and the changes coming to VSAC which affects the way in which post-secondary aspirations will be addressed and student loans managed.. In addition we began hearing from sponsors of bills sent to our committee as we plan our work for this session. Most of our time was spent learning more about the achievement gap driven by poverty. We have heard from Human Services, Educators, and Child advocacy groups. A constant theme is that schools can make serious efforts but that multiple supports, from many groups are necessary to make a systemic difference. Districts that have shown success in addressing this gap have used a wrap around service model that involves the whole community with the school at the center. Representative Gary Gilbert Fairfax/Georgia
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« on: January 28, 2011, 02:37:41 PM »
Mary,
What you have described is exactly what the commission needs to hear. It is the details that the devil hides in and what they should consider when they make their final report to the legislature. The more they learn from different people affected differently the better they will be able to make their recommendations or the more information ways and means will have when they take it up this year. The record keeping will be very difficult at first.
Please send it in and I will keep it in mind if and when it comes out of committee.
Gary
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