The Vermont Statutes Online
The Statutes below include the actions of the 2024 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Title 3: Executive
Chapter 031: Governmental Ethics
- Subchapter 001: GENERAL PROVISIONS; STATE CODE OF ETHICS
§ 1201. Definitions
As used in this chapter:
(1) “Candidate” and “candidate’s committee” have the same meanings as in 17 V.S.A. § 2901.
(2) “Commission” means the State Ethics Commission established under subchapter 3 of this chapter.
(3) “Commercially reasonable loan made in the ordinary course of business” means a loan made:
(A) in the usual manner on any recognized market;
(B) at the price current in any recognized market at the time of making the loan; or
(C) otherwise in conformity with reasonable commercial practices among lenders typically dealing in the type of loan made.
(4) “Confidential information” means information that is exempt from public inspection and copying under 1 V.S.A. § 315 et seq. or is otherwise designated by law as confidential.
(5) “Conflict of interest” means a direct or indirect interest of a public servant or such an interest, known to the public servant, of a member of the public servant’s immediate family, or of a business associate, in the outcome of a particular matter pending before the public servant or the public servant’s public body, or that is in conflict with the proper discharge of the public servant’s duties. “Conflict of interest” does not include any interest that is not greater than that of other individuals generally affected by the outcome of a matter.
(6) “County officer” means an individual holding the office of high bailiff, sheriff, or State’s Attorney.
(7) “Domestic partner” means an individual in an enduring domestic relationship of a spousal nature with the Executive officer or the public servant, provided the individual and Executive officer or public servant:
(A) have shared a residence for at least six consecutive months;
(B) are at least 18 years of age;
(C) are not married to or considered a domestic partner of another individual;
(D) are not related by blood closer than would bar marriage under State law; and
(E) have agreed between themselves to be responsible for each other’s welfare.
(8) “Executive officer” means:
(A) a State officer; or
(B) a deputy under a State officer, including an agency secretary or deputy and a department commissioner or deputy.
(9) “Governmental conduct regulated by law” means conduct by an individual in regard to the operation of State government that is restricted or prohibited by law and includes:
(A) bribery pursuant to 13 V.S.A. § 1102;
(B) neglect of duty by public officers pursuant to 13 V.S.A. § 3006 and by members of boards and commissions pursuant to 13 V.S.A. § 3007;
(C) taking illegal fees pursuant to 13 V.S.A. § 3010;
(D) false claims against government pursuant to 13 V.S.A. § 3016;
(E) owning or being financially interested in an entity subject to a department’s supervision pursuant to section 204 of this title;
(F) failing to devote time to duties of office pursuant to section 205 of this title;
(G) engaging in retaliatory action due to a State employee’s involvement in a protected activity pursuant to chapter 27, subchapter 4A of this title;
(H) a former legislator or former Executive officer serving as a lobbyist pursuant to 2 V.S.A. § 266(b);
(I) a former Executive officer serving as an advocate pursuant to section 267 of this title; and
(J) creating or permitting to persist any unlawful employment practice pursuant to 21 V.S.A. § 495.
(10) “Immediate family” means an individual’s spouse, domestic partner, or civil union partner; child or foster child; sibling; parent; or such relations by marriage or by civil union or domestic partnership; or an individual claimed as a dependent for federal income tax purposes.
(11) “Investment fund” means a widely held investment fund that is publicly traded or available, including a mutual fund, regulated investment company, common trust fund maintained by a bank or similar financial institution, pension or deferred compensation plan, and any other pooled investment fund.
(12) “Lobbyist” and “lobbying firm” have the same meanings as in 2 V.S.A. § 261.
(13) “Person” means any individual, group, business entity, association, or organization.
(14) “Political committee” and “political party” have the same meanings as in 17 V.S.A. § 2901.
(15) “Public servant” means an individual elected or appointed to serve as a State officer, an individual elected or appointed to serve as a member of the General Assembly, a State employee, an individual appointed to serve on a State board or commission, or an individual who in any other way is authorized to act or speak on behalf of the State.
(16) “State officer” means the Governor, Lieutenant Governor, Treasurer, Secretary of State, Auditor of Accounts, or Attorney General.
(17) “Unethical conduct” means any conduct of a public servant in violation of the Code of Ethics, as provided for in this chapter. (Added 2017, No. 79, § 7, eff. Jan. 1, 2018; amended 2021, No. 102 (Adj. Sess.), § 1, eff. July 1, 2022; 2023, No. 171 (Adj. Sess.), § 2, eff. June 10, 2024.)
§ 1202. State Code of Ethics; applicability
(a) Unless excluded under this section, the Code of Ethics applies to all public servants.
(b) The Code of Ethics established by this section does not prohibit branches of State government, agencies, or departments from adopting additional personnel policies regarding ethical conduct not covered by this Code of Ethics or provisions that exceed the requirements of this Code of Ethics. Nothing herein shall be interpreted to require a lawyer or judicial officer to violate their respective professional codes of conduct.
(c) The application of this Code of Ethics does not in any way abrogate or alter the sole authority of each house of the General Assembly to judge the elections and qualifications of its own members under Chapter II, Sections 14 and 19 of the Vermont Constitution.
(d) The application of this Code of Ethics does not in any way abrogate or alter the Vermont Supreme Court’s constitutional authority under Chapter II, § 30 of the Vermont Constitution. (Added 2017, No. 79, § 7, eff. Jan. 1, 2018; amended 2021, No. 102 (Adj. Sess.), § 1, eff. July 1, 2022; 2023, No. 6, § 4, eff. July 1, 2023; 2023, No. 171 (Adj. Sess.), § 3, eff. June 10, 2024.)
§ 1203. Conflict of interest; appearance of conflict of interest
(a) Conflict of interest; appearance of conflict of interest.
(1) In the public servant’s official capacity, the public servant shall avoid any conflict of interest or the appearance of a conflict of interest. The appearance of a conflict shall be determined from the perspective of a reasonable individual with knowledge of the relevant facts.
(2) Except as otherwise provided in subsections (b) and (c) of this section, when confronted with a conflict of interest, a public servant shall recuse themselves from the matter and not take further action.
(3) [Repealed.]
(b) Course of action.
(1) Legislative Branch. A member of the General Assembly shall comply with Legislative Branch rules and policies regarding the course of action a public servant may take when confronted with a conflict of interest, or the appearance of a conflict of interest, that is related to core legislative functions or duties.
(2) Judicial Branch. A judicial officer shall comply with the Vermont Code of Judicial Conduct regarding the course of action a judicial officer may take when confronted with a conflict of interest, or the appearance of a conflict of interest, that falls under the Code of Judicial Conduct, including in situations where a conflict of interest, or the appearance of a conflict of interest, falls under both the Vermont Code of Judicial Conduct and the Code of Ethics.
(3) Government attorneys. A public servant who is a licensed attorney shall comply with the Vermont Rules of Professional Conduct regarding the course of action the attorney may take when confronted with a conflict of interest, or the appearance of a conflict of interest, that falls under the Vermont Rules of Professional Conduct, including situations where a conflict of interest, or the appearance of a conflict of interest, falls under both the Vermont Rules of Professional Conduct and the Code of Ethics.
(4) Public servants; other. Any public servant facing a conflict of interest not covered by subdivisions (1)–(3) of this subsection shall comply with requirements prescribed in this subdivision. Each time a public servant is confronted with a conflict of interest, other than that for which the public servant’s action is solely ministerial or clerical, the public servant shall either make a public statement, which may consist of a statement made to the public servant’s immediate supervisor, recusing themselves from the matter or, if the public servant chooses to proceed with the matter, prepare a written statement regarding the nature of the conflict. A public servant may request either guidance or an advisory opinion from the State Ethics Commission in making an initial determination whether a conflict of interest exists, or whether good cause to proceed exists as set forth in subsection (c) of this section. Once recused, a public servant shall not in any way participate in or act to influence a decision regarding the matter. If the public servant chooses to proceed with the matter, the public servant’s prepared written statement shall:
(A) describe the matter requiring action;
(B) disclose the nature of the potential conflict or actual conflict of interest;
(C) explain why good cause, as set forth in subsection (c) of this section, exists so that the public servant can take action in the matter fairly, objectively, and in the public interest;
(D) include sufficient detail so that the matter may be understood by the public; and
(E) be filed in accordance with the policies and procedures set forth by the agency or entity governing the matter in question, including any requirement that the statement be made public.
(c) Good cause. As used in this section, “good cause to proceed” may include any of the following:
(1) the identified conflict or potential conflict is de minimis in nature;
(2) the conflict is amorphous, intangible, or otherwise speculative; or
(3) the public servant cannot legally or practically delegate the matter.
(d) Confidential information. Nothing in this section shall require a public servant to disclose confidential information or information that is otherwise privileged under law. (Added 2021, No. 102 (Adj. Sess.), § 1, eff. July 1, 2022; amended 2023, No. 171 (Adj. Sess.), § 4, eff. June 10, 2024.)
§ 1203a. Directing unethical conduct
A public servant shall not direct another person to act in a manner that would be unethical for the public servant or the other person to act. A public servant who has a conflict of interest shall not direct others to act to the public servant’s benefit where such action would be a violation of the Code of Ethics if the public servant were to perform the act. (Added 2021, No. 102 (Adj. Sess.), § 1, eff. July 1, 2022.)
§ 1203b. Appearance of unethical conduct
A public servant shall avoid any actions creating the appearance that the public servant is violating the Code of Ethics. Whether particular circumstances create an appearance that the Code of Ethics have been violated shall be determined from the perspective of a reasonable individual with knowledge of the relevant facts. (Added 2021, No. 102 (Adj. Sess.), § 1, eff. July 1, 2022.)
§ 1203c. Preferential treatment
A public servant in the course of conducting State business shall act impartially, showing no favor toward or prejudice against any person. A public servant shall not give or represent an ability to give preference or special treatment to any person because of the person’s wealth, position, or status or because of any personal relationship with the public servant. When permitted by law and written policy or rule, a public servant may give preference to designated persons. (Added 2021, No. 102 (Adj. Sess.), § 1, eff. July 1, 2022.)
§ 1203d. Misuse of position
A public servant shall not use the public servant’s official position for personal or financial gain. (Added 2021, No. 102 (Adj. Sess.), § 1, eff. July 1, 2022.)
§ 1203e. Misuse of information
A public servant shall not use nonpublic government information or confidential information acquired during the course of State service for personal or financial gain or for the personal or financial gain of any other person. (Added 2021, No. 102 (Adj. Sess.), § 1, eff. July 1, 2022.)
§ 1203f. Misuse of government resources
A public servant shall not make use of State materials, funds, property, personnel, facilities, or equipment, or permit another person to do so, for any purpose other than for official State business unless the use is expressly permitted or required by law or by a written agency, departmental, or institutional policy or rule. A public servant shall not engage in or direct another person to engage in work other than the performance of official duties during working hours, except as permitted or required by law or by written agency, departmental, or institutional policy or rule. (Added 2021, No. 102 (Adj. Sess.), § 1, eff. July 1, 2022.)
§ 1203g. Gifts
(a) Gift limitations and exceptions. A public servant shall not solicit or accept a gift unless permitted under this section. For purposes of this subchapter, “gift” means anything of value, tangible or intangible, that is given for less than adequate consideration. A public servant may accept:
(1) A devise or inheritance. A public servant may accept a devise or inheritance.
(2) Gifts to the State. A public servant may accept goods or services that are provided to a State agency for use on State agency property or for use by the public servant while serving in an official capacity.
(3) Ceremonial awards. A public servant may accept a certificate, plaque, or other ceremonial award, provided the cost does not exceed the limit established pursuant to subsection (b) of this section.
(4) Rebates, discounts, and promotions. A public servant may accept a rebate, discount, or promotional item that is available to the general public or to a definable subset of the general public.
(5) Printed or recorded material. A public servant may accept printed or recorded informational or educational material germane to State action or functions.
(6) Food or beverages. A public servant may accept food or beverages, or both, under the following circumstances:
(A) The food or beverage, or both, is consumed on an occasion or occasions at which the person paying, directly or indirectly, for the food or beverage or the person’s representative is in attendance, provided the cost does not exceed the limit established pursuant to subsection (b) of this section.
(B) The food or beverage, or both, is incidental to the performance of a legitimate State function.
(C) The food or beverage, or both, is provided at a charitable, cultural, political, or civic event at which the public servant participates in the public servant’s official capacity.
(7) Admission fees and tickets. A public servant may accept free attendance to a widely attended charitable, cultural, political, or civic event at which a public servant participates in the public servant’s official capacity, provided such tickets or admission is provided by the primary sponsoring entity. Free attendance may include all or part of the cost of admission; transportation to and from the event; and food, refreshments, entertainment, and instructional materials provided to all event attendees.
(8) Private employment gifts. A public servant may accept anything of value provided by an employer of the public servant, provided such benefits are customarily and ordinarily provided to others in similar circumstances.
(9) Public-servant-to-public-servant gifts. A public servant may accept a gift from another public servant under the following circumstances:
(A) If the recipient is not in a supervisor-supervisee relationship with the giver, the public servant may accept a gift for a holiday or occasion of significance.
(B) If the recipient is in a supervisor-supervisee relationship, the public servant may accept a gift for a holiday or occasion of significance, provided the value does not exceed the limit established pursuant to subsection (b) of this section.
(10) Training or education. A public servant may accept attendance to training or similar events determined to be in the interest of the public servant’s agency or department.
(11) Gifts of de minimis value. A public servant may accept an unsolicited gift having a de minimis market value as established pursuant to subsection (b) of this section.
(12) Personal gifts. A public servant may accept gifts clearly motivated by an outside relationship, family relationship, or personal friendship rather than the position of the public servant. Relevant factors in making such a determination include the history and nature of the relationship and whether the individual, family member, or a friend personally pays for the gift.
(13) Loans. A public servant may accept a commercially reasonable loan made on terms not more favorable than loans made in the ordinary course of business.
(14) Gifts otherwise permitted and legal. A public servant may accept a gift that is otherwise expressly permitted under State law.
(b) Gift valuation. For purposes of this subchapter, the value or cost limit for gifts described in subsection (a) of this section shall be:
(1) Beginning on July 1, 2022:
(A) Ceremonial awards: Less than $100.00.
(B) Food or beverages, or both: Less than $100.00 in the aggregate per recipient, per source, in a calendar year.
(C) A supervisor-supervisee relationship gift: Less than $100.00 for any single gift, and the value of all gifts does not exceed $200.00 in the aggregate per year.
(D) De minimis gift: $50.00 or less per source per occasion, provided that the aggregate market value of individual gifts received from any one person does not exceed $150.00 in a calendar year.
(2) On or after July 1, 2026, the State Ethics Commission may increase the value or cost limit set in subdivision (1) of this subsection, provided:
(A) the State Ethics Commission presents its proposed increase to the House Committee on Government Operations and Military Affairs and the Senate Committee on Government Operations at least 180 days prior to proposed implementation and after consultation with the Department of Human Resources and the Judicial Branch;
(B) the cost or value limit is not increased more than once in a five- year period; and
(C) the increased cost or value limit is posted on the State Ethics Commission website and the Commission sends a notice of increase to public servants not less than 60 days prior to the increase’s effective date. (Added 2021, No. 102 (Adj. Sess.), § 1, eff. July 1, 2022.)
§ 1203h. Unauthorized commitments
A public servant shall not make unauthorized commitments or promises of any kind purporting to bind State government. (Added 2021, No. 102 (Adj. Sess.), § 1, eff. July 1, 2022.)
§ 1203i. Employment restrictions
(a) Outside employment. A public servant shall not seek or engage in outside employment or activities that are inconsistent, incompatible, or in conflict with the public servant’s official duties.
(b) Post-government employment.
(1) Executive officers. Executive officers shall comply with the post- government employment restrictions prescribed in section 267 of this title and 2 V.S.A. § 266(b) and (c).
(2) Legislators. Legislators shall comply with the post-government employment restrictions prescribed in 2 V.S.A. § 266(b).
(3) Legislative Branch employees. Except as permitted in subdivision (4) of this subsection, for one year after leaving office, a former Legislative Branch employee may not, for compensation, appear before the General Assembly or its subparts, or the office in which the employee served in at the time of leaving service, to advocate for anyone other than the State, concerning any matter in which the State has a direct and substantial interest.
(4) Contracting exception. The limitations in subdivisions (1) through (3) of this subsection do not apply to individuals providing information or services to the State pursuant to contracts of the State unless the public servant is otherwise prohibited from doing so by State or federal law.
(5) Representation restrictions. After leaving State service or employment, a public servant shall not knowingly, with the intent to advocate for an outcome of an investigation, application, ruling, license, contract, claim, rulemaking, charge, arrest, or quasi-judicial or judicial proceeding, communicate with or appear before the State on matters involving specific parties in which the employee participated personally and substantially during government service and in which the State is a party or has a direct and substantial interest. (Added 2021, No. 102 (Adj. Sess.), § 1, eff. July 1, 2022.)
§ 1203j. Compliance with laws, rules, and policies
A public servant shall comply with applicable State and federal laws and regulations, including anti-discrimination and equal opportunity laws, and comply with applicable governmental codes of conduct. A public servant shall comply with any other applicable rules or policies established by executive order, agency rule, or policy. (Added 2021, No. 102 (Adj. Sess.), § 1, eff. July 1, 2022.)
§ 1204. Whistleblower protections for ethics complaints
Consistent with sections 971–978 of this title, a public servant shall be free to disclose waste, fraud, abuse of authority, violations of law, or violations of this or other applicable codes regarding ethical conduct to the State Ethics Commission without fear of reprisal, intimidation, or retaliation. (Added 2021, No. 102 (Adj. Sess.), § 1, eff. July 1, 2022.)
§ 1205. Mandatory code of ethics education and training
Within the first 120 days of public service, a public servant shall engage in State Code of Ethics training, which may be in person or online. Completion of State Code of Ethics training shall be documented by the department where the public servant is employed. A public servant shall participate in continuing State Code of Ethics education, which may be in person or online, at least once every three years thereafter. Approved continuing State Code of Ethics education providers are the State Ethics Commission, the Department of Human Resources – Center for Achievement in Public Service (CAPS), the Vermont House of Representatives Ethics Panel for the House of Representatives, the Vermont Senate Ethics Panel for the Senate, the Vermont Supreme Court and the Court Administrator’s Office for the Vermont Judiciary, and any education providers approved by the State Ethics Commission. Copies of State Code of Ethics training materials by ethics education providers shall be provided to the State Ethics Commission in advance of the training. On request, the State Ethics Commission may collaborate with or assist State Code of Ethics education providers. (Added 2021, No. 102 (Adj. Sess.), § 1, eff. July 1, 2022.)
- Subchapter 002: DISCLOSURES
§ 1211. Executive officers; annual disclosure
(a) Annually, each Executive officer and county officer shall file with the State Ethics Commission a disclosure form that contains the following information in regard to the previous 12 months:
(1) each source, but not amount, of personal income of the officer and of the officer’s spouse or domestic partner, and of the officer together with the officer’s spouse or domestic partner, that totals more than $5,000.00, including:
(A) the officer’s employer or business name and address; and
(B) if self-employed, a description of the nature of the self-employment, including the names of any clients whose principal business activities are regulated by or that have a contract with any municipal or State office, department, or agency, provided that this information is known to the candidate or the candidate’s domestic partner and that the disclosed information is not confidential information;
(2) any board, commission, or other entity that is regulated by law on which the officer served and the officer’s position on that entity;
(3)(A) any company of which the officer or the officer’s spouse or domestic partner, or the officer together with the officer’s spouse or domestic partner, owned more than 10 percent; and
(B) the details of any loan made to any applicable company in subdivision (A) of this subdivision (3) that is not a commercially reasonable loan made in the ordinary course of business, including any borrower and lender;
(4) any company of which the officer or the officer’s spouse or domestic partner, or the officer together with the officer’s spouse or domestic partner, had an ownership or controlling interest in any amount, and the company had business before or with any municipal or State office, agency, or department;
(5) any lease or contract with the State held or entered into by:
(A) the officer or the officer’s spouse or domestic partner; or
(B) a company of which the officer or the officer’s spouse or domestic partner, or the officer together with the officer’s spouse or domestic partner, owned more than 10 percent;
(6) a generalized description, but not amount, to the best of the candidate’s knowledge, of the following investments held by a candidate or the candidate’s spouse or domestic partner:
(A) individual stock holdings valued at $25,000.00 or more, which a candidate exercises control over or has the ability to buy or sell, which shall be listed individually;
(B) interests in investment funds valued at $25,000.00 or more that a candidate or the candidate’s spouse or domestic partner has the ability to exercise control over the composition of assets within a fund, which shall be listed individually;
(C) interests in virtual currencies, as defined in 8 V.S.A. § 2500, valued at $25,000.00 or more, which shall be listed individually;
(D) interests in trusts valued at $25,000.00 or more, which shall be listed individually;
(E) municipal or State bonds issued in the State of Vermont of valued at $25,000.00 or more, which shall be listed individually; and
(F) the details of any loan valued at $10,000.00 or more, made to the candidate or the candidate’s spouse that is not a commercially reasonable loan made in the ordinary course of business; and
(7) the full name of the candidate’s spouse or domestic partner.
(b) In addition, if an Executive officer’s or county officer’s spouse or domestic partner is a lobbyist, the officer shall disclose that fact and provide the name of the officer’s spouse or domestic partner and, if applicable, the name of the lobbying firm.
(c)(1) Disclosure forms shall contain the statement, “I certify that the information provided on all pages of this disclosure form is true to the best of my knowledge, information, and belief.”
(2) Each Executive officer and county officer shall sign the officer’s disclosure form in order to certify it in accordance with this subsection.
(d)(1) Each Executive officer and county officer shall file the officer’s disclosure on or before January 15 of each year or, if the officer is appointed after January 15, within 10 days after that appointment.
(2) [Repealed.]
(e) [Repealed.] (Added 2017, No. 79, § 7, eff. Jan. 1, 2018; amended 2021, No. 44, § 1, eff. June 1, 2021; 2021, No. 102 (Adj. Sess.), § 2, eff. July 1, 2022; 2023, No. 171 (Adj. Sess.), § 5, eff. June 10, 2024.)
§ 1212. Commission members and Executive Director; annual disclosure
(a) Annually, each member of the Commission and the Executive Director of the Commission shall file with the Executive Director a disclosure form that meets the requirements of and contains the information that Executive officers are required to disclose under section 1211 of this subchapter.
(b) A member and the Executive Director shall file their disclosures on or before January 15 of each year or, if the member or Executive Director is appointed after January 15, within 10 days after that appointment. (Added 2017, No. 79, § 7, eff. Jan. 1, 2018; amended 2021, No. 44, § 1, eff. June 1, 2021.)
§ 1213. Disclosures; generally
(a) The Executive Director of the Commission shall prepare on behalf of the Commission any disclosure form required to be filed with it and the candidate disclosure form described in 17 V.S.A. § 2414 and shall make forms to be filed with the Commission available on the Commission’s website.
(b) The Executive Director shall post on the Commission’s website a copy of any disclosure form the Commission receives. (Added 2017, No. 79, § 7, eff. Jan. 1, 2018; amended 2021, No. 44, § 1, eff. June 1, 2021.)
- Subchapter 003: STATE ETHICS COMMISSION
§ 1221. State Ethics Commission
[Subsection (a) effective until September 1, 2025; see also subsection (a) effective September 1, 2025 set out below.]
(a) Creation. There is created within the Executive Branch an independent commission named the State Ethics Commission to accept, review, make referrals regarding, and track complaints of alleged violations of governmental conduct regulated by law, of the Department of Human Resources Personnel Policy and Procedure Manual, and of the State’s campaign finance law set forth in 17 V.S.A. chapter 61; to provide ethics training; and to issue guidance and advisory opinions regarding ethical conduct.
[Subsection (a) effective September 1, 2025; see also subsection (a) effective until September 1, 2025 set out above.]
(a) Creation. There is created within the Executive Branch an independent commission named the State Ethics Commission to accept, review, investigate; hold hearings; issue warnings and reprimands; and recommended actions, make referrals regarding, and track complaints of alleged violations of governmental conduct regulated by law, of the Department of Human Resources Personnel Policy and Procedure Manual, of the State Code of Ethics, and of the State’s campaign finance law set forth in 17 V.S.A. chapter 61; to provide ethics training; and to issue guidance and advisory opinions regarding ethical conduct.
(b) Membership.
(1) The Commission shall be composed of the following seven members:
(A) one member, appointed by the Chief Justice of the Supreme Court;
(B) one member, appointed by the League of Women Voters of Vermont, who shall be a member of the League;
(C) one member, appointed by the Board of Directors of the Vermont Society of Certified Public Accountants, who shall be a member of the Society;
(D) one member, appointed by the Board of Managers of the Vermont Bar Association, who shall be a member of the Association;
(E) one member, appointed by the Board of Directors of the SHRM (Society for Human Resource Management) Vermont State Council, who shall be a member of the Council;
(F) one member, who shall be a former municipal officer, appointed by the Speaker of the House; and
(G) one member, who shall be a former municipal officer, appointed by the Senate Committee on Committees.
(2) The Commission shall elect the Chair of the Commission from among its membership.
(3) A member shall not:
(A) hold any office in the Legislative, Executive, or Judicial Branch of State government or otherwise be employed by the State;
(B) hold or enter into any lease or contract with the State, or have a controlling interest in a company that holds or enters into a lease or contract with the State;
(C) be a lobbyist;
(D) be a candidate for State, legislative, or elected judicial office; or
(E) hold any office in a State, legislative, or elected judicial office candidate’s committee, a political committee, or a political party.
(4) A member may be removed for cause by the remaining members of the Commission in accordance with the Vermont Administrative Procedure Act.
(5)(A) A member shall serve a term of five years and until a successor is appointed. A term shall begin on January 1 of the year of appointment and run through December 31 of the last year of the term. Terms of members shall be staggered so that no two terms expire at the same time.
(B) A vacancy created before the expiration of a term shall be filled in the same manner as the original appointment for the unexpired portion of the term.
(C) A member shall not serve more than two consecutive terms. A member appointed to fill a vacancy created before the expiration of a term shall not be deemed to have served a term for the purpose of this subdivision (C).
(c) Executive Director.
(1) The Commission shall be staffed by an Executive Director who shall be appointed by and serve at the pleasure of the Commission.
(2) The Executive Director shall maintain the records of the Commission and shall provide administrative support as requested by the Commission, in addition to any other duties required by this chapter.
(d) Confidentiality. The Commission and the Executive Director shall maintain the confidentiality required by this chapter.
(e) Meetings. Meetings of the Commission:
(1) shall be held at least quarterly for the purpose of the Executive Director updating the Commission on the Executive Director’s work;
(2) may be called by the Chair and shall be called upon the request of any other two Commission members; and
(3) shall be conducted in accordance with 1 V.S.A. § 310 et seq.
(f) Reimbursement. Each member of the Commission shall be entitled to per diem compensation and reimbursement of expenses pursuant to 32 V.S.A. § 1010. (Added 2017, No. 79, § 7, eff. Jan. 1, 2018; amended 2021, No. 44, § 1, eff. June 1, 2021; 2023, No. 6, § 5, eff. July 1, 2023; 2023, No. 171 (Adj. Sess.), §§ 15, 16, 18, eff. June 10, 2024; 2023, No. 171 (Adj. Sess.), § 7, eff. September 1, 2025.)
§ 1222. Commission member duties and prohibited conduct [Effective until September 1, 2025]
(a) Conflicts of interest.
(1) Prohibition; recusal.
(A) A Commission member shall not participate in any Commission matter in which he or she has a conflict of interest and shall recuse himself or herself from participation in that matter.
(B) The failure of a Commission member to recuse himself or herself as described in subdivision (A) of this subdivision (1) may be grounds for the Commission to discipline or remove that member.
(2) Disclosure of conflict of interest.
(A) A Commission member who has reason to believe he or she has a conflict of interest in a Commission matter shall disclose that he or she has that belief and disclose the nature of the conflict of interest. Alternatively, a Commission member may request that another Commission member recuse himself or herself from a Commission matter due to a conflict of interest.
(B) Once there has been a disclosure of a member’s conflict of interest, members of the Commission shall be afforded the opportunity to ask questions or make comments about the situation to address the conflict.
(C) A Commission member may be prohibited from participating in a Commission matter by at least three other members of the Commission.
(3) Postrecusal or -prohibition procedure. A Commission member who has recused himself or herself or was prohibited from participating in a Commission matter shall not sit or deliberate with the Commission or otherwise act as a Commission member on that matter.
(4) Definition. As used in this subsection, “conflict of interest” means an interest of a member that is in conflict with the proper discharge of his or her official duties due to a significant personal or financial interest of the member, of a person within the member’s immediate family, or of the member’s business associate. “Conflict of interest” does not include any interest that is not greater than that of any other persons generally affected by the outcome of a matter.
(b) Gifts. A Commission member shall not accept a gift given by virtue of his or her membership on the Commission. (Added 2017, No. 79, § 7, eff. Jan. 1, 2018; amended 2023, No. 171 (Adj. Sess.), § 8, eff. September 1, 2025.)
§ 1223. Procedure for accepting and referring complaints
(a) Accepting complaints.
(1) On behalf of the Commission, the Executive Director shall accept complaints from any source regarding governmental ethics in any of the three branches of State government or of the State’s campaign finance law set forth in 17 V.S.A. chapter 61.
(2) Complaints shall be in writing and shall include the identity of the complainant.
[Subsection (b) introductory paragraph effective until September 1, 2025; see also subsection (b) introductory paragraph effective September 1, 2025 set out below.]
(b) Preliminary review by Executive Director. The Executive Director shall conduct a preliminary review of complaints made to the Commission in order to take action as set forth in this subsection, which shall include referring complaints to all relevant entities.
[Subsection (b) introductory paragraph effective September 1, 2025; see also subsection (b) introductory paragraph effective until September 1, 2025 set out above.]
(b) Preliminary review by Executive Director. The Executive Director shall conduct a preliminary review of complaints made to the Commission in order to take action as set forth in this subsection and section 1223a of this title, which shall include referring complaints to all relevant entities, including the Commission itself.
(1) Governmental conduct regulated by law.
(A) If the complaint alleges a violation of governmental conduct regulated by law, the Executive Director shall refer the complaint to the Attorney General or to the State’s Attorney of jurisdiction, as appropriate.
(B) The Attorney General or State’s Attorney shall file a report with the Executive Director regarding his or her decision as to whether to bring an enforcement action as a result of a complaint referred under subdivision (A) of this subdivision (1) within 10 days of that decision.
(2) Department of Human Resources, Personnel Policy and Procedure Manual.
(A) If the complaint alleges a violation of the Department of Human Resources Personnel Policy and Procedure Manual, the Executive Director shall refer the complaint to the Commissioner of Human Resources.
(B) The Commissioner shall report back to the Executive Director regarding the final disposition of a complaint referred under subdivision (A) of this subdivision (2) within 10 days of that final disposition.
(3) Campaign finance.
(A) If the complaint alleges a violation of campaign finance law, the Executive Director shall refer the complaint to the Attorney General or to the State’s Attorney of jurisdiction, as appropriate.
(B) The Attorney General or State’s Attorney shall file a report with the Executive Director regarding his or her decision as to whether to bring an enforcement action as a result of a complaint referred under subdivision (A) of this subdivision (3) as set forth in 17 V.S.A. § 2904a.
(4) Legislative and Judicial Branches; attorneys.
(A) If the complaint is in regard to conduct committed by a State Senator, the Executive Director shall refer the complaint to the Senate Ethics Panel and shall request a report back from the Panel regarding the final disposition of the complaint.
(B) If the complaint is in regard to conduct committed by a State Representative, the Executive Director shall refer the complaint to the House Ethics Panel and shall request a report back from the Panel regarding the final disposition of the complaint.
(C) If the complaint is in regard to conduct committed by a judicial officer, the Executive Director shall refer the complaint to the Judicial Conduct Board and shall request a report back from the Board regarding the final disposition of the complaint.
(D) If the complaint is in regard to an attorney employed by the State, the Executive Director shall refer the complaint to the Professional Responsibility Board and shall request a report back from the Board regarding the final disposition of the complaint.
(E) If any of the complaints described in subdivisions (A)-(D) of this subdivision (4) also allege that a crime has been committed, the Executive Director shall also refer the complaint to the Attorney General and the State’s Attorney of jurisdiction.
[Subdivision (b)(5) effective until September 1, 2025; see also subdivision (b)(5) effective September 1, 2025 set out below.]
(5) Closures. The Executive Director shall close any complaint that he or she does not refer as set forth in subdivisions (1)-(4) of this subsection.
[Subdivision (b)(5) effective September 1, 2025; see also subdivision (b)(5) effective until September 1, 2025 set out above.]
(5) Municipal Code of Ethics. If the complaint alleges a violation of the Municipal Code of Ethics, the Executive Director shall refer the complaint to the designated ethics liaison of the appropriate municipality.
[Subdivision (b)(6) effective September 1, 2025.]
(6) The Executive Director shall close any complaint that the Executive Director does not refer as set forth in subdivisions (1)– (5) of this subsection.
[Subsection (c) effective until September 1, 2025; see also subsection (c) effective September 1, 2025 set out below.]
(c) Confidentiality. Complaints and related documents in the custody of the Commission shall be exempt from public inspection and copying under the Public Records Act and kept confidential.
[Subsection (c) effective September 1, 2025; see also subsection (c) effective until September 1, 2025 set out above.]
(c) Consultation on unethical conduct. If the Executive Director refers a complaint under subsection (b) of this section, the Executive Director shall signify any likely unethical conduct described in the complaint. Any entity receiving a referred complaint, except those in subdivision (b)(5) of this section, shall consult with the Commission regarding the application of the State Code of Ethics to facts presented in the complaint. The consultation shall be in writing and occur within 60 days after an entity receives a referred complaint and prior to the entity making a determination on the complaint, meaning either closing a complaint without further investigation or issuing findings following an investigation.
(d) Confidentiality. Complaints and related documents in the custody of the Commission shall be exempt from public inspection and copying under the Public Records Act and kept confidential, except as provided for in section 1231 of this title. (Added 2017, No. 79, § 7, eff. Jan. 1, 2018; amended 2021, No. 44, § 1, eff. June 1, 2021; 2023, No. 171 (Adj. Sess.), § 9, eff. September 1, 2025.)
§ 1224. Commission ethics training
At least annually, in collaboration with the Department of Human Resources, the Commission shall make available to legislators, State officers, and State employees training on issues related to governmental ethics. The training shall include topics related to those covered in any guidance provided or advisory opinion issued under section 1225 of this subchapter. (Added 2017, No. 79, § 7, eff. Jan. 1, 2018; amended 2021, No. 44, § 1, eff. June 1, 2021.)
§ 1225. Executive Director guidance and advisory opinions
(a) Guidance.
(1) The Executive Director may provide guidance only to a person who is or will be subject to the provisions of this chapter, upon his or her request, with respect to that person’s duties regarding any provision of this chapter or regarding any other issue related to governmental ethics.
(2) The Executive Director may consult with members of the Commission and the Department of Human Resources in preparing this guidance.
(3) Guidance provided under this subsection shall be exempt from public inspection and copying under the Public Records Act and shall be kept confidential unless the receiving entity has publicly disclosed it.
(b) Advisory opinions.
(1) On the written request of a person who is or will be subject to the provisions of this chapter, the Executive Director may issue an advisory opinion to that person that provides general advice or interpretation with respect to that person’s duties regarding any provision of this chapter or regarding any other issue related to governmental ethics.
(2) The Executive Director may consult with members of the Commission and the Department of Human Resources in preparing these advisory opinions.
(3) The Executive Director may seek comment from persons interested in the subject of an advisory opinion under consideration.
(4) The Executive Director shall post on the Commission’s website any advisory opinions that he or she issues. (Added 2017, No. 79, § 7, eff. Jan. 1, 2018; amended 2021, No. 44, § 1, eff. June 1, 2021.)
§ 1226. Commission reports
(a) Annually, on or before November 15, the following entities shall report to the State Ethics Commission aggregate data on ethics complaints not submitted to the Commission, with the complaints separated by topic, and the disposition of those complaints, including any prosecution, enforcement action, or dismissal:
(1) the office of the Attorney General and State’s Attorneys’ offices, of alleged violations of governmental conduct regulated by law and associated crimes and including campaign finance requirements;
(2) the Department of Human Resources, of complaints alleging conduct that violates the ethical provisions of the Department of Human Resources Personnel Policy and Procedure Manual or of the State Code of Ethics;
(3) the Senate Ethics Panel, of alleged unethical conduct committed by State Senators;
(4) the House Ethics Panel, of alleged unethical conduct committed by State Representatives;
(5) the Judicial Conduct Board, of alleged unethical conduct committed by a judicial officer;
(6) the Professional Responsibility Board, of alleged unethical conduct committed by an attorney employed by the State; and
(7) the Office of the State Court Administrator, of complaints alleging conduct that violates the ethical provisions of the Judicial Branch Personnel Policy or of the State Code of Ethics, including for attorneys employed by the State.
(b) Annually, on or before January 15, the State Ethics Commission shall report to the General Assembly regarding the following issues:
(1) Complaints.
(A) The number and a summary of the complaints made to the Commission, separating the complaints by topic, and the disposition of those complaints, including any prosecution, enforcement action, or dismissal. This summary of complaints shall not include any personal identifying information.
(B) The number and a summary of the complaints data received by the Commission pursuant to subsection (a) of this section.
(2) Guidance and training.
(A) Guidance. The number of requests for and a summary of the guidance the Executive Director provided, separating the guidance by topic. This summary of guidance shall not include any personal identifying information.
(B) Training. An estimate of the number of Code of Ethics trainings conducted by each branch of government, a summary of the training activities undertaken by the Ethics Commission, and a summary of any recommendations the Commission or the Executive Director made to any branch of State government regarding additional training or more in-depth training for particular provisions of the Code of Ethics.
(3) Recommendations. Any recommendations for legislative action to address State governmental ethics or provisions of campaign finance law. (Added 2017, No. 79, § 7, eff. Jan. 1, 2018; amended 2021, No. 44, § 1, eff. June 1, 2021; 2021, No. 102 (Adj. Sess.), § 2a, eff. July 1, 2022; 2023, No. 171 (Adj. Sess.), § 19, eff. June 10, 2024.)
§ 1227. Investigations [Effective September 1, 2025]
(a) Power to investigate. The Commission, through its Executive Director, may investigate public servants for alleged unethical conduct. The Commission may investigate alleged unethical conduct after receiving a complaint pursuant to section 1223 of this title. The Commission may also investigate suspected unethical conduct without receiving any complaint.
(b) Initiation of investigation by Commission vote. The Executive Director shall only initiate an investigation upon an affirmative vote to proceed with the investigation of unethical conduct by a majority of current members of the Commission who have not recused themselves.
(c) Statute of limitations. The Commission shall only initiate an investigation relating to unethical conduct that last occurred within the prior two years.
(d) Outside legal counsel and investigators. The Executive Director may appoint legal counsel, who shall be an attorney admitted to practice in this State, and investigators to assist with investigations, hearings, and issuance of warnings, reprimands, and recommended actions.
(e) Notice. The Executive Director shall notify the complainant and public servant, in writing, of any complaint being investigated.
(f) Complainant participation. A complainant shall have the right to be heard in an investigation resulting from the complaint.
(g) Timeline of investigation. An investigation shall conclude within six months after either the date of the complaint received or, in the event no complaint was received, the date of the investigation’s initiation by the Executive Director.
(h) Burden of proof. For a hearing to be warranted subsequent to an investigation, the Executive Director shall find that there is a reasonable basis to believe that the public servant’s conduct constitutes an unethical violation.
(i) Determination after investigation.
(1) Upon investigating the alleged unethical conduct, if the Executive Director determines that an evidentiary hearing is warranted, the Executive Director shall notify the Commission. If a majority of current members of the Commission who have not recused themselves vote in concurrence with the Executive Director’s determination that an evidentiary hearing is warranted, the Executive Director shall prepare an investigation report specifying the public servant’s alleged unethical conduct, a copy of which shall be served upon the public servant and any complainant, together with the notice of hearing set forth in section 1228 of this title.
(2) Upon investigating the alleged unethical conduct, if the Executive Director determines that an evidentiary hearing is not warranted, the Executive Director shall notify the Commission, the public servant, and any complainant, in writing, of the result of the investigation and the termination of proceedings. (Added 2023, No. 171 (Adj. Sess.), § 10, eff. September 1, 2025.)
§ 1228. Hearings before the Commission [Effective September 1, 2025]
(a) Power to hold hearings. The Commission may meet and hold hearings for the purpose of gathering evidence and testimony if found warranted pursuant to section 1227 of this title and to make determinations.
(b) All Commission hearings shall be considered meetings of the Commission as described in subsection 1221(e) of this title, and shall be conducted in accordance with 1 V.S.A. § 310 et seq.
(c) Time of hearing. The Chair of the Commission shall set a time for the hearing as soon as convenient following the Director’s determination that an evidentiary hearing is warranted, subject to the discovery needs of the public servant and any complainant as established in any prehearing or discovery conference or in any orders regulating discovery and depositions, or both, but not earlier than 30 days after service of the charge upon the public servant. The public servant or a complainant may file motions to extend the time of the hearing for good cause, which may be granted by the Chair.
(d) Notice of hearing. The Chair shall give the public servant and any complainant reasonable notice of a hearing, which shall include:
(1) A statement of the time, place, and nature of the hearing.
(2) A statement of the legal authority and jurisdiction under which the hearing is to be held.
(3) A reference to the particular sections of the statutes and rules involved.
(4) A short and plain statement of the matters at issue. If the Commission is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter, upon application by either the public servant or any complainant, a more definite and detailed statement shall be furnished.
(5) A reference and copy of any rules adopted by the Commission regarding the hearing’s procedures, rules of evidence, and other aspects of the hearing.
(e) Rights of public servants and complainants. Opportunity shall be given to the public servant and any complainant to be heard at the hearing, present evidence, respond to evidence, and argue on all issues related to the alleged unethical misconduct.
(f) Executive session. In addition to the provisions of 1 V.S.A. § 313(a), the Commission may enter executive session if the Commission deems it appropriate in order to protect the confidentiality of an individual or any other protected information pertaining to any identifiable person that is otherwise confidential under State or federal law. (Added 2023, No. 171 (Adj. Sess.), § 11, eff. September 1, 2025.)
§ 1229. Warnings; reprimands; recommended actions; agreements [Effective September 1, 2025]
(a) Power to issue warnings, reprimands, and recommended actions. The Commission may issue warnings, reprimands, and recommended actions, not inconsistent with the Vermont Constitution and laws of the State, including facilitated mediation, additional training and education, referrals to counseling and wellness support, or other remedial actions.
(b) Factors in determination.
(1) Circumstances of unethical conduct. In this determining, the Commission shall consider the degree of unethical conduct, the timeline over which the unethical conduct occurred and whether the conduct was repeated, and the privacy, rights, and responsibilities of the parties.
(2) Determination based on evidence. The Commission shall render its determination on the allegation on the basis of the evidence in the record before it, regardless of whether the Commission makes its determination on the investigation report of the Executive Director pursuant to section 1227 of this title alone, on evidence and testimony presented in the hearing pursuant to section 1228 of this title, or on its own findings.
(3) Burden of proof. The Commission shall only issue a warning, reprimand, or recommended action if it finds that, by a preponderance of the evidence, the public servant committed unethical conduct.
(c) Determination after hearing.
(1) If a majority of current members of the Commission who have not recused themselves find that the public servant committed unethical conduct as specified in the investigation report the Executive Director pursuant to section 1227 of this title alone, the Commission shall then, in writing or stated in the record, issue a warning, reprimand, or recommended action.
(2) If the Commission does not find that the public servant committed unethical conduct, the Commission shall issue a statement that the allegations were not proved.
(3) When a determination or order is approved for issue by the Commission, the decision or order may be signed by the Chair on behalf of the Commission.
(d) Timeline for determination. The Commission shall make its determination within 30 days after concluding the Commission’s last hearing under this section and notify the public servant and any complainant of the Committee’s determination. This timeline may be extended by the Commission for good cause or pursuant to an agreement made between the Commission and the public servant.
(e) Referral of unethical conduct. Notwithstanding subsection 1223(c) of this title, the Commission shall notify the Attorney General or the State’s Attorney of jurisdiction of any alleged violations of governmental conduct regulated by law or the relevant federal agency of any alleged violations of federal law, if discovered in the course of the Commission’s investigations.
(f) Power to enter into resolution agreements.
(1) Notwithstanding any provisions of this chapter to the contrary, the Commission may, by a majority vote of its current members who have not recused themselves, enter into a resolution agreement with a public servant who is the subject of a complaint or investigation.
(2) A resolution agreement shall:
(A) include an agreed course of remedial action to be taken by the public servant;
(B) be in writing; and
(C) be executed by both the public servant and Executive Director.
(3) A resolution agreement may be entered into at any point in time before or during Commission proceedings. Any procedural deadlines described in this chapter or rules adopted pursuant to this chapter shall be paused at the time of execution of the resolution agreement. The Executive Director shall verify compliance with the resolution agreement within three months following execution of the agreement, and if the Executive Director is not satisfied that compliance has been achieved, the Commission may resume its initial proceedings.
(4) The Commission shall create a summary of any resolution agreement. A summary of any resolution agreement shall be a public record subject to public inspection and copying under the Public Records Act. A resolution agreement shall be exempt from public inspection and copying under the Public Records Act and shall be considered confidential. (Added 2023, No. 171 (Adj. Sess.), § 12, eff. September 1, 2025.)
§ 1230. Procedure; rulemaking [Effective July 1, 2025]
(a) Procedure. Unless otherwise controlled by statute or rules adopted by the Commission, the Vermont Rules of Civil Procedure and the Vermont Rules of Evidence shall apply in the Commission’s investigations and hearings.
(b) Rulemaking. The Commission shall adopt rules pursuant to 3 V.S.A. chapter 25 regarding procedural and evidentiary aspects of the Commission’s investigations and hearings.
(c) Waiver of rules. To prevent unnecessary hardship, delay, or injustice, or for other good cause, a vote of two-thirds of the Commission’s members present and voting may waive the application of a rule upon such conditions as the Chair may require, unless precluded by rule or by statute.
(d) Subpoenas and oaths. The Commission, the Executive Director, and the Commission’s legal counsel and investigators shall have the power to issue subpoenas and administer oaths in connection with any investigation or hearing, including compelling the provision of materials or the attendance of witnesses at any investigation or hearing. The Commission, the Executive Director, and the Commissioner’s legal counsel shall seek voluntary compliance prior to issuing a subpoena, except in cases where there is reasonable suspicion that materials will not be produced in a timely manner. The Commission, the Executive Director, and the Commission’s legal counsel and investigators may take or cause depositions to be taken as needed in any investigation or hearing. (Added 2023, No. 171 (Adj. Sess.), § 13, eff. July 1, 2025.)
§ 1231. Records; confidentiality [Effective September 1, 2025]
(a) Intent. It is the intent of this section both to protect the reputation of public servants from public disclosure of frivolous complaints against them and to fulfill the public’s right to know any unethical conduct committed by a public servant that results in issued warnings, reprimands, or recommended actions.
(b) Public records. Except as where otherwise provided in this chapter, public records relating to the Commission’s handling of complaints, alleged unethical conduct, investigations, proceedings, and executed resolution agreements are exempt from public inspection and copying under the Public Records Act and shall be kept confidential, except those public records required or permitted to be released under this chapter. Records subject to public inspection and copying under the Public Records Act shall include:
(1) investigation reports relating to alleged unethical conduct determined to warrant a hearing pursuant to section 1227 of this title, but not any undisclosed records gathered or created in the course of an investigation;
(2) at the request of the public servant or the public servant’s designated representative, investigation reports relating to alleged unethical conduct determined to not warrant a hearing pursuant to section 1227 of this title, but not any undisclosed records gathered or created in the course of an investigation;
(3) evidence produced in the open and public portions of Commission hearings;
(4) any warnings, reprimands, and recommendations issued by the Commission;
(5) any summaries of executed resolution agreements; and
(6) any records, as determined by the Commission, that support a warning, reprimand, recommendation, or summary of an executed resolution agreement, including consultations created pursuant to subsection 1223(c) of this title and investigation reports in accordance with subdivisions (1) and (2) of this subsection.
(c) Court orders. Nothing in this section shall prohibit the disclosure of any information regarding alleged unethical conduct pursuant to an order from a court of competent jurisdiction, or to a State or federal law enforcement agency in the course of its investigation, provided the agency agrees to maintain the confidentiality of the information as provided in subsection (b) of this section. (Added 2023, No. 171 (Adj. Sess.), § 14, eff. September 1, 2025.)
