§ 1991. Definitions
As used in this chapter:
(1) “Advisory body” means a public body that does not have supervision, control, or jurisdiction
over legislative, quasi-judicial, tax, or budgetary matters.
(2) “Candidate” and “candidate’s committee” have the same meanings as in 17 V.S.A. § 2901.
(3) “Commission” means the State Ethics Commission established under 3 V.S.A. chapter 31, subchapter 3.
(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 municipal officer
or such an interest, known to the officer, of a member of the officer’s immediate
family or household, or of a business associate, in the outcome of a particular matter
pending before the officer or the officer’s public body, or that is in conflict with
the proper discharge of the officer’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) “Department head” means any authority in charge of an agency, department, or office
of a municipality.
(7) “Designated complaint recipient” means:
(A) a department head or employee specifically designated or assigned to receive a complaint
that constitutes protected activity, as set forth in section 1997 of this title;
(B) a board or commission of the State or a municipality;
(C) the Vermont State Auditor;
(D) a State or federal agency that oversees the activities of an agency, department, or
office of the State or a municipality;
(E) a law enforcement officer as defined in 20 V.S.A. § 2358;
(F) a federal or State court, grand jury, petit jury, law enforcement agency, or prosecutorial
office;
(G) the legislative body of the municipality, the General Assembly or the U.S. Congress;
or
(H) an officer or employee of an entity listed in this subdivision (7) when acting within
the scope of the officer’s or employee’s duties.
(8) “Domestic partner” means an individual in an enduring domestic relationship of a spousal
nature with the municipal officer, provided the individual and municipal officer:
(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.
(9) “Illegal order” means a directive to violate, or to assist in violating, a federal,
State, or local law.
(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) “Legislative body” means the selectboard in the case of a town, the mayor, alderpersons,
and city council members in the case of a city, the president and trustees in the
case of an incorporated village, the members of the prudential committee in the case
of a fire district, and the supervisor in the case of an unorganized town or gore.
(12) “Municipal officer” or “officer” means:
(A) any member of a legislative body of a municipality;
(B) any member of a quasi-judicial body of a municipality; or
(C) any individual who holds the position of, or exercises the function of, any of the
following positions in or on behalf of any municipality:
(i) advisory budget committee member;
(ii) auditor;
(iii) building inspector;
(iv) cemetery commissioner;
(v) chief administrative officer;
(vi) clerk;
(vii) collector of delinquent taxes;
(viii) department heads;
(ix) first constable;
(x) lister or assessor;
(xi) mayor;
(xii) moderator;
(xiii) planning commission member;
(xiv) road commissioner;
(xv) town or city manager;
(xvi) treasurer;
(xvii) village or town trustee;
(xviii) trustee of public funds; or
(xix) water commissioner.
(13) “Municipality” means any town, village, or city.
(14) “Protected employee” means an individual employed on a permanent or limited status
basis by a municipality.
(15) “Public body” has the same meaning as in 1 V.S.A. § 310.
(16) “Retaliatory action” includes any adverse performance or disciplinary action, including
discharge, suspension, reprimand, demotion, denial of promotion, imposition of a performance
warning period, or involuntary transfer or reassignment; that is given in retaliation
for the protected employee’s involvement in a protected activity, as set forth in
section 1997 of this title. (Added 2023, No. 171 (Adj. Sess.), § 22, eff. January 1, 2025.)
§ 1992. Conflicts of interest
(a) Duty to avoid conflicts of interest. In the municipal officer’s official capacity, the officer 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.
(b) Recusal.
(1) If a municipal officer is confronted with a conflict of interest or the appearance
of one, the officer shall immediately recuse themselves from the matter, except as
otherwise provided in subdivisions (2) and (5) of this subsection, and not take further
action on the matter or participate in any way or act to influence a decision regarding
the matter. After recusal, an officer may still take action on the matter if the officer
is a party, as defined by section 1201 of this title, in a contested hearing or litigation and acts only in the officer’s capacity as
a member of the public. The officer shall make a public statement explaining the officer’s
recusal.
(2)(A) Notwithstanding subdivision (1) of this subsection (b), an officer may continue to
act in a matter involving the officer’s conflict of interest or appearance of a conflict
of interest if the officer first:
(i) determines there is good cause for the officer to proceed, meaning:
(I) the conflict is amorphous, intangible, or otherwise speculative;
(II) the officer cannot legally or practically delegate the matter; or
(III) the action to be taken by the officer is purely ministerial and does not involve substantive
decision-making; and
(ii) the officer submits a written nonrecusal statement to the legislative body of the
municipality regarding the nature of the conflict that shall:
(I) include a description of the matter requiring action;
(II) include a description of the nature of the potential conflict or actual conflict of
interest;
(III) include an explanation of why good cause exists so that the municipal officer can
take action in the matter fairly, objectively, and in the public interest;
(IV) be written in plain language and with sufficient detail so that the matter may be
understood by the public; and
(V) be signed by the municipal officer.
(B) Notwithstanding subsection (A) of this subdivision (2), a municipal officer that would
benefit from any contract entered into by the municipality and the officer, the officer’s
immediate family, or an associated business of the officer or the officer’s immediate
family, and whose official duties include execution of that contract, shall recuse
themselves from any decision-making process involved in the awarding of that contract.
(C) Notwithstanding subsection (A) of this subdivision (2), a municipal officer shall
not continue to act in a matter involving the officer’s conflict of interest or appearance
of a conflict of interest if authority granted to another official or public body
elsewhere under law is exercised to preclude the municipal officer from continuing
to act in the matter.
(3) If an officer’s conflict of interest or the appearance of a conflict of interest concerns
an official act or actions that take place outside a public meeting, the officer’s
nonrecusal statement shall be filed with the clerk of the municipality and be available
to the public for the duration of the officer’s service plus a minimum of five years.
(4) If an officer’s conflict of interest is related to an official municipal act or actions
considered at a public meeting, the officer’s nonrecusal statement shall be filed
as part of the minutes of the meeting of the public body in which the municipal officer
serves.
(5) If, at a meeting of a public body, an officer becomes aware of a conflict of interest
or the appearance of a conflict of interest for the officer and the officer determines
there is good cause to proceed, the officer may proceed with the matter after announcing
and fully stating the conflict on the record. The officer shall submit a written nonrecusal
statement pursuant to subdivision (2) of this subsection within five business days
after the meeting. The meeting minutes shall be subsequently amended to reflect the
submitted written nonrecusal statement.
(c) Authority to inquire about conflicts of interest. If a municipal officer is a member of a public body, the other members of that body
shall have the authority to inquire of the officer about any possible conflict of
interest or any appearance of a conflict of interest and to recommend that the member
recuse themselves from the matter.
(d) Confidential information. Nothing in this section shall require a municipal officer to disclose confidential
information or information that is otherwise privileged under law. (Added 2023, No. 171 (Adj. Sess.), § 22, eff. January 1, 2025.)
§ 1993. Prohibited conduct
(a) Directing unethical conduct. A municipal officer shall not direct any individual to act in a manner that would:
(1) benefit a municipal officer in a manner related to the officer’s conflict of interest;
(2) create a conflict of interest or the appearance of a conflict of interest for the
officer or for the directed individual; or
(3) otherwise violate the Municipal Code of Ethics as described in this chapter.
(b) Preferential treatment. A municipal officer shall act impartially and not unduly favor or prejudice any person
in the course of conducting official business. An officer shall not give, or represent
an ability to give, undue preference or special treatment to any person because of
the person’s wealth, position, or status or because of a person’s personal relationship
with the officer, unless otherwise permitted or required by State or federal law.
(c) Misuse of position. A municipal officer shall not use the officer’s official position for the personal
or financial gain of the officer, a member of the officer’s immediate family or household,
or the officer’s business associate.
(d) Misuse of information. A municipal officer shall not use nonpublic or confidential information acquired during
the course of official business for personal or financial gain of the officer or for
the personal or financial gain of a member of the officer’s immediate family or household
or of an officer’s business associate.
(e) Misuse of government resources. A municipal officer shall not make use of a town’s, city’s, or village’s materials,
funds, property, personnel, facilities, or equipment, or permit another person to
do so, for any purpose other than for official business unless the use is expressly
permitted or required by State law; ordinance; or a written agency, departmental,
or institutional policy or rule. An officer 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 a written agency, departmental, or
institutional policy or rule.
(f) Gifts.
(1) No person shall offer or give to a municipal officer or candidate, or the officer’s
or candidate’s immediate family, anything of value, including a gift, loan, political
contribution, reward, or promise of future employment based on any understanding that
the vote, official action, or judgment of the municipal officer or candidate would
be, or had been, influenced thereby.
(2) A municipal officer or candidate shall not solicit or accept anything of value, including
a gift, loan, political contribution, reward, or promise of future employment based
on any understanding that the vote, official action, or judgment of the municipal
officer or candidate would be or had been influenced thereby.
(3) Nothing in subdivision (1) or (2) of this subsection shall be construed to apply to
any campaign contribution that is lawfully made to a candidate or candidate’s committee
pursuant to 17 V.S.A. chapter 61 or to permit any activity otherwise prohibited by 13 V.S.A. chapter 21.
(g) Unauthorized commitments. A municipal officer shall not make unauthorized commitments or promises of any kind
purporting to bind the municipality unless otherwise permitted by law.
(h) Benefit from contracts. A municipal officer shall not benefit from any contract entered into by the municipality
and the officer, the officer’s immediate family, or an associated business of the
officer or the officer’s immediate family, unless:
(1) the benefit is not greater than that of other individuals generally affected by the
contract;
(2) the contract is a contract for employment with the municipality;
(3) the contract was awarded through an open and public process of competitive bidding;
or
(4) the total value of the contract is less than $2,000.00. (Added 2023, No. 171 (Adj. Sess.), § 22, eff. January 1, 2025.)
§ 1994. Guidance and advisory opinions
(a) Guidance.
(1) The Executive Director of the State Ethics Commission may provide guidance only to
a municipal officer and only with respect to the officer’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 State Ethics Commission and
the municipality 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 any municipal officer, the Executive Director may issue
an advisory opinion to that officer that provides general advice or interpretation
with respect to the officer’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 municipality
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 the Executive Director issues. Personally identifiable information is exempt
from public inspection and copying under the Public Records Act and shall be kept
confidential unless the municipal officer who is the subject of the advisory opinion
authorizes the publication of the personally identifiable information. (Added 2023, No. 171 (Adj. Sess.), § 22, eff. January 1, 2025.)
§ 1995. Ethics training
(a) Initial ethics training. Within 120 days after the election or appointment of a member of a legislative body
or a quasi-judicial body, or a chief administrative officer, mayor, town or city manager,
that individual shall complete ethics training, as approved by the State Ethics Commission.
A municipality shall make a reasonable effort to provide training to all other municipal
officers. The officer, the officer’s employer, or another individual designated by
the municipality shall document the officer’s completed ethics training.
(b) Continuing ethics training. Upon completing initial ethics training, a municipal officer shall complete additional
ethics training, as determined by the State Ethics Commission, every three years.
(c) Approval of training. Ethics trainings shall at minimum reflect the contents of the Municipal Ethics Code
and be approved by the State Ethics Commission. Approval of ethics trainings shall
not be unreasonably withheld. Ethics trainings shall be conducted by the State Ethics
Commission, the municipality, or a third party approved in advance by the State Ethics
Commission. The State Ethics Commission may approve trainings that are in person,
online, and synchronous or asynchronous. The State Ethics Commission shall require
ethics training to be designed in a manner as to achieve improved competency in the
subject matter rather than rely on fixed hours of training as a measure of completed
training.
(d) Training provided by the Commission.
(1) The State Ethics Commission shall develop and make available to municipalities ethics
training required of municipal officers by subsections (a) and (b) of this section.
(2) The Commission shall develop and make available to municipalities trainings regarding
how to investigate and resolve complaints that allege violations of the Municipal
Code of Ethics.
(e) State Ethics Commission liaisons. Each municipality, acting through its legislative body, shall designate an employee
as its liaison to the State Ethics Commission. If a municipality does not have any
employees, the legislative body shall designate one of its members as its liaison
to the State Ethics Commission. The municipality shall notify the Commission in writing
of any newly designated liaison within 30 days after such change. The Commission shall
disseminate information to the designated liaisons and conduct educational seminars
for designated liaisons on a regular basis on a schedule to be determined by the Commission,
in consultation with the municipality. The Commission shall report any ethics training
conducted by the Commission and completed by an officer to the liaison of that officer’s
municipality. (Added 2023, No. 171 (Adj. Sess.), § 22, eff. January 1, 2025.)
§ 1996. Duties of municipalities
Each municipality shall:
(1) Ensure that the following are posted on the town’s, city’s, or village’s website or,
if no such website exists, ensure that a copy of each is received by all municipal
officers and is made available to the public upon request:
(A) the Municipal Code of Ethics;
(B) procedures for the investigation and enforcement of complaints that allege a municipal
officer has violated the Municipal Code of Ethics, as required by section 1997 of this title; and
(C) any supplemental or additional ordinances, rules, and personnel policies regarding
ethics adopted by a municipality.
(2) Maintain a record of municipal officers who have received ethics training pursuant
to section 1995 of this title.
(3) Designate a municipal officer or body to receive complaints alleging violations of
the Municipal Code of Ethics.
(4) Maintain a record of received complaints and the disposition of each complaint made
against a municipal officer for the duration of the municipal officer’s service plus
a minimum of five years.
(5) Upon request of the State Ethics Commission, promptly provide the State Ethics Commission
with a summary of complaints received by the municipality and the outcome of each
complaint, but excluding any personally identifiable information. (Added 2023, No. 171 (Adj. Sess.), § 22, eff. January 1, 2025.)
§ 1997. Enforcement and remedies
Each municipality shall adopt, by ordinance, rule, or personnel policy, procedures
for the investigation of complaints that allege a municipal officer has violated the
Municipal Code of Ethics and the enforcement in instances of substantiated complaints,
including methods of enforcement and available remedies. (Added 2023, No. 171 (Adj. Sess.), § 22a, eff. June 10, 2024.)
§ 1998. Whistleblower protection
(a) Protected activity.
(1) An agency, department, appointing authority, official, or employee of a municipality
shall not engage in retaliatory action against a protected employee because the protected
employee refuses to comply with an illegal order or engages in any of the following:
(A) providing to a designated complaint recipient a good faith report or good faith testimony
that alleges an entity of a municipality, employee or official of a municipality,
or a person providing services to a municipality under contract has engaged in a violation
of law or in waste, fraud, abuse of authority, or a threat to the health of employees,
the public, or persons under the care of a municipality; or
(B) assisting or participating in a proceeding to enforce the provisions of this section.
(2) No agency, department, appointing authority, official, or employee of a municipality
shall attempt to restrict or interfere with, in any manner, a protected employee’s
ability to engage in any of the protected activity described in subdivision (1) of
this subsection.
(3) No agency, department, appointing authority, or manager of a municipality shall require
any protected employee to discuss or disclose the employee’s testimony, or intended
testimony, prior to the employee’s appearance to testify before the General Assembly
if the employee is not testifying on behalf of an entity of the municipality.
(4) No protected employee may divulge information that is confidential under State or
federal law. An act by which a protected employee divulges such information shall
not be considered protected activity under this subsection.
(5) In order to establish a claim of retaliation based upon the refusal to follow an illegal
order, a protected employee shall assert at the time of the refusal the employee’s
good faith and reasonable belief that the order is illegal.
(b) Communications with legislative bodies of municipalities and the General Assembly.
(1) No entity of a municipality may prohibit a protected employee from engaging in discussion
with a member of a legislative body or the General Assembly or from testifying before
a committee of a municipality or a committee of the General Assembly; provided, however,
that a protected employee may not divulge confidential information, and an employee
shall be clear that the employee is not speaking on behalf of an entity of a municipality.
(2) No protected employee shall be subject to discipline, discharge, discrimination, or
other adverse employment action as a result of the employee providing information
to a member of a legislative body, a legislator, or a committee of a municipality
or a committee of the General Assembly; provided, however, that the protected employee
does not divulge confidential information and that the employee is clear that the
employee is not speaking on behalf of any entity of the municipality. The protections
set forth in this section shall not apply to statements that constitute hate speech
or threats of violence against a person.
(3) In the event that an appearance before a committee of a municipality or committee
of the General Assembly will cause a protected employee to miss work, the employee
shall request to be absent from work and shall provide as much notice as is reasonably
possible. The request shall be granted unless there is good cause to deny the request.
If a request is denied, the decision and reasons for the denial shall be in writing
and shall be provided to the protected employee in advance of the scheduled appearance.
The protections set forth in this subsection (b) are subject to the efficient operation
of municipal government, which shall prevail in any instance of conflict.
(c) Enforcement and preemption.
(1) Nothing in this section shall be deemed to diminish the rights, privileges, or remedies
of a protected employee under other federal, State, or local law, or under any collective
bargaining agreement or employment contract, except the limitation on multiple actions
as set forth in this subsection.
(2) A protected employee who files a claim of retaliation for protected activity with
the Vermont Labor Relations Board or through binding arbitration under a grievance
procedure or similar process available to the employee may not bring such a claim
in Superior Court.
(3) A protected employee who files a claim under this section in Superior Court may not
bring a claim of retaliation for protected activity under a grievance procedure or
similar process available to the employee.
(d) Remedies. A protected employee who brings a claim in Superior Court may be awarded the following
remedies:
(1) reinstatement of the employee to the same position, seniority, and work location held
prior to the retaliatory action;
(2) back pay, lost wages, benefits, and other remuneration;
(3) in the event of a showing of a willful, intentional, and egregious violation of this
section, an amount up to the amount of back pay in addition to the actual back pay;
(4) other compensatory damages;
(5) interest on back pay;
(6) appropriate injunctive relief; and
(7) reasonable costs and attorney’s fees.
(e) Posting. Every agency, department, and office of a municipality shall post and display notices
of protected employee protection under this section in a prominent and accessible
location in the workplace.
(f) Limitations of actions. An action alleging a violation of this section brought under a grievance procedure
or similar process shall be brought within the period allowed by that process or procedure.
An action brought in Superior Court shall be brought within 180 days following the
date of the alleged retaliatory action. (Added 2023, No. 171 (Adj. Sess.), § 22, eff. January 1, 2025.)
§ 1999. Municipal charters; supplemental ethics policies
(a) To the extent any provisions of this chapter conflict with the provisions of any municipal
charter listed in Title 24 Appendix, the provisions of this chapter shall prevail.
(b) A municipality may adopt additional ordinances, rules, and personnel policies regarding
ethics, provided that these are not in conflict with the provisions of this chapter. (Added 2023, No. 171 (Adj. Sess.), § 22, eff. January 1, 2025.)