§ 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(3) [Repealed.]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.)