§ 932a. Administrative reimbursement for property damages

(a) In lieu of proceeding under section 932 of this title, a State employee who has a claim against the State for property damages may elect to file a claim under this section, provided the claim does not exceed $1,000.00.

(b) The claim shall be:

(1) made in writing, under oath, stating the facts relating to the claim;

(2) filed with the agency, department, or other State entity which employs the claimant; and

(3) filed within one year after the date the claim accrued.

(c) The State entity with which the claim is filed may approve payment of a claim against the State for property damages sustained by the employee and payment of the claim shall be charged against that entity's departmental appropriation.

(d) If a claim is approved under this section, the Commissioner of Finance and Management shall issue his or her warrant for the amount of the award, the acceptance of which shall be a full discharge of all claims against the State arising out of the matters involved therein. If the claim is disapproved, the person may proceed to file the claim under section 932 of this title.

(e)(1) A State employee who incurs expenses for legal representation because of a criminal investigation conducted by law enforcement authorities regarding an act or omission within the scope of the employee's duties, may present an administrative claim to the head of his or her employing agency, provided that the employee has not:

(A) been convicted of any criminal offense on account of the act or omission;

(B) been finally terminated by the employing agency; or

(C) resigned from employment due to the act or omission.

(2) If the agency head has not yet made a determination whether the employee will be terminated, or if the termination is appealed to the Vermont Labor Relations Board, the request may be held until such a determination has been made or the Board decides the case. An employee reinstated by the Board may present a claim.

(3) The agency head shall forward the request along with a recommendation to the Secretary of Administration, who may authorize administrative reimbursement from the Agency's budget for reasonable and necessary expenses, not to exceed $5,000.00. Payment under this subsection may only be authorized upon a finding by the Secretary of Administration that the act or omission was within the scope of the employee's duties. The decision to reimburse and the amount of reimbursement are matters fully within the Secretary's discretion. The Secretary's decision shall be final and there shall be no appeal or challenge of the decision. There shall be no other reimbursement of legal expenses for criminal representation except as authorized under 3 V.S.A. § 1104. (Added 1999, No. 8, § 2; amended 2001, No. 72, § 1.)