Longtime Windsor District Sen. Dick McCormack, a Democrat who is retiring in January after 36 years in the State Senate, is not leaving quietly. He and Sen. Tanya Vyhovsky, a Progressive/Democrat from Chittenden County, are taking Gov. Phil Scott to court.
The pair of lawmakers filed a lawsuit in Washington County Superior Court on June 19, alleging that Scott “purposely circumvented” the constitutional authority of the Senate when he reappointed Zoie Saunders as the interim Vermont Secretary of Education after senators voted overwhelmingly not to confirm Saunders’ permanent appointment on April 30. Vermont lawmakers remained in session until mid-May and then reconvened June 17 for a veto session. In their suit against the governor, McCormack and Vyhovsky argue that Scott is attempting to unconstitutionally circumvent the will of the Senate, which has the authority to confirm or deny gubernatorial cabinet appointments, by naming Saunders to an interim role following her rejection while lawmakers were still convened and able to consider a different Scott appointment to the education post.
Scott chose Saunders to lead the state Agency of Education in March, ruffling lawmakers who questioned the nominee’s lack of experience in public school administration. Saunders was slated to replace Deputy Education Secretary Heather Bouchey, who herself had served as interim education secretary for a year following the resignation of former Secretary Daniel French in March 2023. In a 19-9 vote on April 30, the State Senate soundly rejected Scott’s nomination of Saunders to the gubernatorial cabinet post.
Contacted at the State House in Montpelier on Monday morning, Amanda Wheeler, Scott’s press secretary, shared the administration’s perspective on the McCormack/Vyhovsky lawsuit. “This is another example of legislators focusing more on partisan political maneuvering than the hard work to help schools, kids, and taxpayers,” Wheeler wrote in an email. “Fortunately for Vermonters, Interim Secretary Saunders, her team at the Agency of Education, and the Governor will continue to focus on helping schools navigate the desperate need to stabilize the system and improve outcomes for kids. It’s no coincidence this was announced the same week the legislature imposed a 14% property tax increase. They’d like nothing more than to change the subject and distract Vermonters and the press.”
Attorney John Franco of Burlington is representing McCormack and Vyhovsky before the Washington County Superior Court. McCormack said Monday that Franco has told him he expects the suit to move swiftly through the court docket, given the need for clarity and stability regarding the state’s educational leadership.
For further details, please see our June 27 edition of the Vermont Standard.
