by Jim Condos Secretary of State With barely two weeks remaining before the start of fiscal year 2019, and in good faith to the over 625,000 Vermonters I represent, I feel the need to speak up and bring to your attention some of the very real impacts a government shutdown, caused by the current budget impasse, would have on the government services my agency provides – critical services which Vermonters rely on and deserve.
Failure is not an option. The co-equal branches of the Administration and the Legislature must come to an agreement on a responsible, sound budget by July 1st. There have been numerous opportunities for compromise.
When a budget passes with almost unanimous tri-partisan support, a continuing fight feels very much like partisan positioning to score political points at the expense of Vermont businesses and families.
A veto based on something outside the agreed-to bill defies common sense.
Vermonters rightly expect more from us.
Both sides need to be willing to meet at common ground – partisan positioning and campaign rhetoric are a disservice to Vermonters and neglects our most basic job – the responsibility of keeping the doors of government open.
It’s impossible to know the full scope of harm that would be done if a shutdown comes to fruition, as this current situation is unprecedented in recent Vermont history. I can tell you, from the perspective of our agency and its four divisions, there are real consequences if there is not a budget in place to ensure the continuing operations of government services. I am certain that this is true across all facets of state government.
Here are just a few of the critical services we provide, and the impacts of a government shutdown on these services:
Vital records, legal proceedings, municipal filings and actions
Vermonters and Vermont businesses rely on the Vermont State Archives and Records Administration (VSARA) to authenticate important documents (notarized documents, vital records, court orders, certifications of good standing, etc.) for legal use in foreign countries.
Under international law, without authentication by the jurisdiction where these documents originate, the documents will not be accepted. That means important business transactions, adoptions, and international marriages, to name only a few, could be denied or put on hold. These are real life impacts to real people.
A shutdown will also jeopardize the issuance of vital certificates, for which VSARA does the majority within the State of Vermont, and the recording or availability of multiple filings from municipal or state government on which Vermonters are dependent for the actions in those filings to be valid.
Business registration and the economy
A shutdown would mean that Vermonters would be unable to form new businesses, place liens and complete financing arrangements, not to mention a loss of significant revenue during the shutdown period.
From July 1st 2017 to July 15th 2017 alone, there were 248 business formations processed by our office. Mortgages and other bank transactions could be brought to a stop if businesses cannot complete very basic filings. A shutdown would be harmful to Vermont’s business owners and entrepreneurs, plain and simple.
Local government assistance
A shutdown would mean that members of the public would be unable to get answers about local government and open government concerns from our office, including property tax appeals, Act 46 mergers, weddings and burials, planning and zoning, animal control, government ethics, and open meetings or public records. Many local officials and citizens rely on us to navigate their local government processes.
Weddings
If we are unable to administer Vermont’s Temporary Officiant program, the authorization of marriage officiants would not be provided for weddings in Vermont, requiring couples to find alternative arrangements, or even delay or cancel their weddings. There were 123 Temporary Officiant licenses issued in the 1st two weeks of July 2017 – this may seem trivial, however, any delays would also impact those businesses providing wedding services and receptions.
Address confidentiality program
If Vermont’s Safe at Home service were unable to operate during a shutdown – people’s lives could be at risk. This address confidentiality program provides a safe haven for approximately 160 victims of domestic violence, sexual assault, and stalking, who have relocated, or are about to relocate. We would be unable to process new applicants, and they would stop receiving mail to their confidential addresses.
Elections, voter registration, campaign filings, local support
Our Elections Division provides an immense level of mandatory training and support to town and city clerks for our elections, not to mention physical supplies such as ballots. As I know you are well aware, we are in the midst of a primary election season, followed by a general election in November. If a budget is not in place by July 1st, our role as the state level administrator of the August primary and November general elections would be eliminated for as long as a shutdown is in effect. This could negatively impact Vermont’s democratic process.
All services to candidates, campaigns, and voters regarding election law and process would cease, including but not limited to the provision of absentee ballot envelopes and voter registration forms, guidance and assistance with campaign finance filings, acceptance and processing of minor party nominations and Independent candidate petitions, and important election trainings for local clerks and BCA members on election procedures and the new accessible voting system which is scheduled to be enacted in July, allowing Vermonters with disabilities to vote privately and independently at the polls or from their homes during the early voting period. Failure to reach an agreement on a budget is a threat to our democratic process.
Licensing professionals and protecting the public; plus employer impacts
At its core, professional regulation is about public protection and safety. The Office of Professional Regulation (OPR) oversees 50 regulatory programs directly affecting more than sixty-thousand licensed Vermonters, as well as State institutions that employ licensed professionals, from hospitals, to nursing homes, to schools. Were OPR to cease its core functions under a government shutdown, new licenses could not be issued; aging or inactive licenses could not be renewed or reactivated; complaints about the conduct of licensees could not be investigated; and adjudication of licensing cases would stop.
For employers of licensed professionals, this would effectuate a de facto hiring freeze.
Employable Vermonters seeking work could have their employment put on hold without verification of their professional license, and those whose license comes up for renewal during the shutdown period would need to stop working. At many health care institutions, new hires could not be brought online, presenting a potential public health risk. OPR’s certified law enforcement officers would not investigate allegations of unprofessional conduct, including complaints of impaired practice, sexual exploitation, and drug diversion. Disciplinary cases would not proceed, and practitioners who otherwise would have been removed from practice during normal operations would remain. In many fields, such as the health sciences, for instance, the State’s inability to act against incompetence and abuse could present tremendous risks to patient safety.
As elected officials we must never forget that our focus and work is to serve the people of Vermont, in every decision we make and action we take. VSEA has it right – the state’s employees make Vermont work.
At times, leadership requires compromise – from both sides. A failure to compromise and put a budget in place in advance of July 1st will not only be a disservice to Vermonters, it will cause real and lasting harm. Vermonters want us to come together and get things done. Instead of doubling down on campaign demands, let’s get to work. I urge the Administration and the Legislature to let morality, not politics, be your guide, and approve a budget that ensures critical public services to Vermonters are not interrupted.