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Searching 2018 Special Session

The Vermont Statutes Online

Title 10 : Conservation and Development

Chapter 151 : STATE LAND USE AND DEVELOPMENT PLANS

Subchapter 002 : ADMINISTRATION

(Cite as: 10 V.S.A. § 6031)
  • § 6031. Ethical standards

    (a) The Chair and members of the Board and the Chair and members of each District Commission shall comply with the following ethical standards:

    (1) The provisions of 12 V.S.A. § 61 (disqualification for interest).

    (2) The Chair and each member shall conduct the affairs of his or her office in such a manner as to instill public trust and confidence and shall take all reasonable steps to avoid any action or circumstance that might result in any one of the following:

    (A) undermining his or her independence or impartiality of action;

    (B) taking official action on the basis of unfair considerations;

    (C) giving preferential treatment to any private interest on the basis of unfair considerations;

    (D) giving preferential treatment to any family member or member of his or her household;

    (E) using his or her office for the advancement of personal interest or to secure special privileges or exemptions;

    (F) adversely affecting the confidence of the public in the integrity of the District Commission.

    (b) As soon as practicable after grounds become known, a party may move to disqualify a Board member or District Commissioner from a particular matter before the Board or District Commission.

    (1) The motion shall contain a clear statement of the specific grounds for disqualification and when such grounds were first known.

    (2) On receipt of the motion, a District Commissioner who is the subject of the motion shall disqualify himself or herself or shall refer the motion to the Chair of the Board.

    (A) The Chair of the Board may disqualify the District Commissioner from the matter before the District Commission if, on review of the motion, the Chair determines that such disqualification is necessary to ensure compliance with subsection (a)(ethical standards) of this section.

    (B) On disqualification of a District Commissioner under this subsection, the Chair of the Board shall assign another District Commissioner to take the place of the disqualified Commissioner. The Chair shall consider making such an assignment from among the members of the same District Commission before assigning a member of another District Commission.

    (3) On receipt of the motion, a Board member who is the subject of the motion shall disqualify himself or herself or shall refer the motion to the full Board. The Board may disqualify a member from the matter before the Board if, on review of the motion, the Board determines that such disqualification is necessary to ensure compliance with subsection (a) (ethical standards) of this section. The Board member who is the subject of the motion shall not be eligible to vote on the motion.

    (c) For one year after leaving office, a former appointee to the Board or a District Commission shall not, for pecuniary gain:

    (1) be an advocate on any matter before the Board or the District Commission to which he or she was appointed; or

    (2) be an advocate before any other public body or the General Assembly or its committees regarding any matter in which, while an appointee, he or she exercised any official responsibility or participated personally and substantively. (Added 2013, No. 11, § 12.)