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1976-1979 Vermont Attorney General Reports and Opinions 1 (1976-1979)

handle is hein.sag/sagvt0038 and id is 1 raw text is: _v If Zr 40t STATE OF VERMONT OFFICE OF THE ATTORNEY GENERAL 103 STATE STREET MONTPELIER o8o2 TEL. 802-828-3171 January 2, 1976 Mr. Weston A. Cate, Jr. Interim Director Vermont Historical Society Montpelier, Vermont Re:, Opinion No. 43-76 Dear Wes: On behalf of the Vermont Historical Society you have requested opinions on two questions: 1. Are employees of the Society covered by unemploy- ment compensation. 2. Is the Society required to obtain an auctioneer's license in order to dispose of property received under the will of a former trustee? The will con- tained a provision authorizing disposal of any of the property which the Society did not wish to retain. I will consider these questions in the order cited. First, in my opinion, employees of the Society are not covered by unemployment compensation. The pertinent statute, 21 V.S.A. §1301(6) (C) (vi), provides a basic exemption from its requirements for the State and its political subdivisions and instrumentalities, as employers. By most criteria, the Society can be considered a state instrumentality. More than 60% of its operating income, used to pay employee salaries, etc., is derived from State funds ($83,900.00 in grants for fiscal 1976). No. 118, Public Acts of 1975, Section 12(n). Its employees are classified by the State classification system as if they were State employees1 and they receive all general pay increases granted to State employees. 22 V.S.A. §285. Its activities are subject to State management and control; its general purposes, imbued with a State interest. 22 V.S.A.f§§281-284. It is quartered, rent free, within a State office building. Cases amplifying the degree of State involvement necessary for instrumentality status underscore the Society's legal position. These

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