The Vermont Statutes Online

Title 24: Municipal and County Government

Chapter 060: Municipal Code of Ethics [Effective January 1, 2025]

• § 1991. Definitions [Effective January 1, 2025]

  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 [Effective January 1, 2025]

  (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 [Effective January 1, 2025]

  (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 [Effective January 1, 2025]

  (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 [Effective January 1, 2025]

  (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 [Effective January 1, 2025]

  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 [Effective January 1, 2025]

  (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 [Effective January 1, 2025]

  (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.)