The Vermont Statutes Online

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.)