The Vermont Statutes Online

Title 3 : Executive

Chapter 011 : State Officers and Employees Generally

• § 267. Executive officers; postemployment restrictions

  (a) Prior participation while in State employ.

  (1) An Executive officer, for one year after leaving office, shall not, for pecuniary gain, be an advocate for any private entity before any public body or the General Assembly or its committees regarding any particular matter in which:

  (A) the State is a party or has a direct and substantial interest; and

  (B) the Executive officer had participated personally and substantively while in State employ.

  (2) The prohibition set forth in subdivision (1) of this subsection applies to any matter the Executive officer directly handled, supervised, or managed, or gave substantial input, advice, or comment, or benefited from, either through discussing, attending meetings on, or reviewing materials prepared regarding the matter.

  (b) Prior official responsibility. An Executive officer, for one year after leaving office, shall not, for pecuniary gain, be an advocate for any private entity before any public body or the General Assembly or its committees regarding any particular matter in which the officer had exercised any official responsibility.

  (c) Exemption. The prohibitions set forth in subsections (a) and (b) of this section shall not apply if the former Executive officer’s only role as an advocate would exempt that former officer from registration and reporting under 2 V.S.A. § 262.

  (d) Public body enforcement. A public body shall disqualify a former Executive officer from his or her appearance or participation in a particular matter if the officer’s appearance or participation is prohibited under this section.

  (e) Definitions. As used in this section:

  (1) “Advocate” means a person who assists, defends, or pleads.

  (2) “Executive officer” means:

  (A) the Governor, Lieutenant Governor, Treasurer, Secretary of State, Auditor of Accounts, or Attorney General; or

  (B) under the Office of the Governor, an agency secretary or deputy or a department commissioner or deputy.

  (3) “Private entity” means any person, corporation, partnership, joint venture, or association, whether organized for profit or not for profit, except one specifically chartered by the State of Vermont or that relies upon taxes for at least 50 percent of its revenues.

  (4) “Public body” means any agency, department, division, or office and any board or commission of any such entity, or any independent board or commission, in the Executive Branch of the State. (Added 2017, No. 79, § 2.)