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.)