Vermont § 291a - Contracts

§ 291a. Contracts

• (a) In the name of the sheriff’s department, the sheriff may enter into written contracts
  with the State of Vermont, an agency of the United States, one or more towns within
  or without the county, or any nongovernmental entity, to provide law enforcement or
  other related services including security services, central dispatching for police,
  fire, or ambulance services, and centralized support services. Contracts between the
  sheriff’s department and a town shall be valid if approved by the sheriff and by a
  majority of the selectboard of the town provided that funding has been approved by
  a duly warned annual or special town meeting. Deputy sheriffs engaged in the performance
  of a contract shall be considered employees of the sheriff’s department for all purposes,
  except that for purposes of determining eligibility for Social Security, employees
  under this section shall be considered county employees, provided however that the
  sheriffs’ departments shall be responsible for employers’ contributions. (b) A contract made with a town, city, village, or county to provide law enforcement or
  related services shall contain provisions governing the following subjects as best
  suit the needs of the parties: (1) the services to be provided, including State statutes or town ordinances, or both,
  which are to be enforced; (2) rates of compensation, allocation of expenses, total cost of contract, and methods
  of payment therefor; (3) ownership of any property acquired under the contract in event of termination of the
  contract; (4) the type, frequency, and information to be contained in reports submitted by the sheriff’s
  department to the town; (5) methods adopted to resolve disputes; (6) the term of the contract shall specify the commencement and termination date of the
  services to be provided and provisions for renewal thereof; and (7) such other items, not inconsistent with law, as may be agreed upon. (c) A contract under this section may contain provisions for compensation to the sheriff
  for administration of the contract and related services. No compensation may be paid
  to a sheriff for administration of the contract or related services unless the contract
  sets forth in writing the rate or method of calculation for the compensation and a
  schedule of payment; provided that a sheriff’s compensation for administration shall
  not exceed five percent of the contract. A sheriff’s rate of compensation shall be
  at a rate equivalent to other employees of the department who provide similar services
  under the contract. Compensation to the sheriff shall be made in accordance with the
  schedule set forth in the contract but in no event may a sheriff be compensated for
  administration of the contract and related services unless the compensation is made
  in the same calendar year in which the revenue was received by the department under
  the contract. Funds derived from charges for the administration of a contract, if
  used for sheriff, sheriff deputy, or other departmental employee compensation, bonuses,
  salary supplements, retirement contributions, or employment benefits, shall be expended
  in accordance with the model policy created and maintained by the Department of State’s
  Attorneys and Sheriffs. Willful failure to comply with this policy shall constitute
  Category B conduct pursuant to 20 V.S.A. § 2401(2). (d) An agreement or contract for services between a sheriff’s department and governmental
  or nongovernmental entity shall be in writing if the total cost of the contract or
  agreement exceeds $2,000.00 or the duration of the services provided exceeds ten working
  days or if the cumulative total of the contracts or agreements entered into by the
  sheriff’s department and the same governmental or nongovernmental entity exceeds $2,000.00
  or ten working days within a calendar year. Annually, the sheriff shall submit to
  the assistant judges for filing with the county clerk a report of all written contracts,
  categorized by the contracting party, services rendered, date of contract, and amount
  received. (e) Each sheriff’s department shall establish a procedure for all purchase contracts entered
  into by the department. The procedure shall be established in writing, filed with
  the assistant judges, and made available for public review. The written procedure
  shall also be forwarded to the Auditor of Accounts for use in the conduct of audits
  required under this chapter. (f) An agreement or contract for sheriff’s departments to provide law enforcement or security
  services to county and State courthouses shall be subject to a single, statewide contracted
  rate of pay for such services over all county and State courthouses. (Added 1977, No. 218 (Adj. Sess.), § 2; amended 1987, No. 121, § 10; 1991, No. 257 (Adj. Sess.), § 2; 2023, No. 30, § 5, eff. January 1, 2024.)