Gov. Phil Scott on Tuesday appointed Zoie Saunders to the permanent education secretary post while the Vermont Senate was not in session. Saunders has served as interim secretary since the Senate rejected her appointment to the permanent position on April 30. The Senate’s decision inflamed the already tense relationship between Scott and lawmakers, and set off a constitutional spat that is ongoing. Such cabinet appointments require the “advice and consent of the Vermont Senate," according to the constitution. Scott claimed he had the right to appoint Saunders to the interim post in April under his authority to fill vacancies. The former charter school administrator in Florida was among three finalists who the State Board of Education selected. Lawmakers worried she lacked sufficient public education experience and knowledge of Vermont's education system. Two senators, Tanya Vyhovsky (P/D-Chittenden-Central) and Dick McCormack (D-Windsor), sued  in Washington County Superior Court, arguing that the governor "purposefully circumvented” the requirement for Senate approval. The case was dismissed on September 27. Superior Court Judge Robert Mello agreed with the Attorney General's Office that Scott was within his rights to appoint someone on an interim basis to a position after their rejection by the Senate. The senators have appealed the case to the Vermont Supreme Court. John Franco, the senators' attorney, said Tuesday that Scott's appointment while the Senate was not in session was a legal maneuver to try to ensure she had been appointed both while the Senate was in session and when it was not. "They're hedging their bets," Franco said. Recess appointments must be taken up by the Senate when it reconvenes. The balance of power in the Senate has shifted significantly since the election, however, making it more likely that Saunders will have sufficient votes for approval.  "That he made this decision to appoint her under a recess appointment really says to us that they came to the conclusion that what he did in April was illegal," Franco said. Scott said Saunders has undertaken a Listen and Learn tour to understand the educational needs of the state. Scott also noted that Saunders and her team have issued multiple reports to improve understanding of the state’s complex education financing system and how it compares to ones in other states. “In her six months at the Agency of Education, Zoie has demonstrated a strong commitment to working with teachers, students, parents, administrators, and community members,…