Title 03, Title 03: Executive

§ 1203b. Appearance of unethical conduct A public servant shall avoid any actions creating the appearance that the public servant is violating the Code of Ethics. Whether particular circumstances create an appearance that the Code of Ethics have been violated shall be determined …

§ 1203c. Preferential treatment A public servant in the course of conducting State business shall act impartially, showing no favor toward or prejudice against any person. A public servant shall not give or represent an ability to give preference or special treatment to any perso…

§ 1203d. Misuse of position A public servant shall not use the public servant’s official position for personal or financial gain. (Added 2021, No. 102 (Adj. Sess.), § 1, eff. July 1, 2022.)

§ 1203e. Misuse of information A public servant shall not use nonpublic government information or confidential information acquired during the course of State service for personal or financial gain or for the personal or financial gain of any other person. (Added 2021, No. 102 (A…

§ 1203f. Misuse of government resources A public servant shall not make use of State materials, funds, property, personnel, facilities, or equipment, or permit another person to do so, for any purpose other than for official State business unless the use is expressly permitted or…

§ 1203g. Gifts (a) Gift limitations and exceptions. A public servant shall not solicit or accept a gift unless permitted under this section. For purposes of this subchapter, “gift” means anything of value, tangible or intangible, that is given for less than adequate consideration…

§ 1203h. Unauthorized commitments A public servant shall not make unauthorized commitments or promises of any kind purporting to bind State government. (Added 2021, No. 102 (Adj. Sess.), § 1, eff. July 1, 2022.)

§ 1203i. Employment restrictions (a) Outside employment. A public servant shall not seek or engage in outside employment or activities that are inconsistent, incompatible, or in conflict with the public servant’s official duties. (b) Post-government employment. (1) Executive offi…

§ 1203j. Compliance with laws, rules, and policies A public servant shall comply with applicable State and federal laws and regulations, including anti-discrimination and equal opportunity laws, and comply with applicable governmental codes of conduct. A public servant shall comp…

§ 1204. Whistleblower protections for ethics complaints Consistent with sections 971–978 of this title, a public servant shall be free to disclose waste, fraud, abuse of authority, violations of law, or violations of this or other applicable codes regarding ethical conduct to the…

§ 1205. Mandatory code of ethics education and training Within the first 120 days of public service, a public servant shall engage in State Code of Ethics training, which may be in person or online. Completion of State Code of Ethics training shall be documented by the department…

§ 1211. Executive officers; annual disclosure (a) Annually, each Executive officer and county officer shall file with the State Ethics Commission a disclosure form that contains the following information in regard to the previous 12 months: (1) each source, but not amount, of per…

§ 1212. Commission members and Executive Director; annual disclosure (a) Annually, each member of the Commission and the Executive Director of the Commission shall file with the Executive Director a disclosure form that meets the requirements of and contains the information that …

§ 1213. Disclosures; generally (a) The Executive Director of the Commission shall prepare on behalf of the Commission any disclosure form required to be filed with it and the candidate disclosure form described in 17 V.S.A. § 2414 and shall make forms to be filed with the Commiss…

§ 1221. State Ethics Commission [Subsection (a) effective until September 1, 2027; see also subsection (a) effective September 1, 2027 set out below.] (a) Creation. There is created within the Executive Branch an independent commission named the State Ethics Commission to accept,…

§ 1222. Commission member prohibited conduct (a) Conflicts of interest. (1) Prohibition; recusal. (A) A Commission member shall not participate in any Commission matter in which he or she has a conflict of interest and shall recuse himself or herself from participation in that ma…

§ 1223. Procedure for accepting and referring complaints (a) Accepting complaints. (1) On behalf of the Commission, the Executive Director shall accept complaints from any source regarding governmental ethics in any of the three branches of State government or of the State’s camp…

§ 1224. Commission ethics training At least annually, in collaboration with the Department of Human Resources, the Commission shall make available to legislators, State officers, and State employees training on issues related to governmental ethics. The training shall include top…

§ 1225. Executive Director guidance and advisory opinions (a) Guidance. (1) The Executive Director may provide guidance only to a person who is or will be subject to the provisions of this chapter, upon his or her request, with respect to that person’s duties regarding any provis…

§ 1226. Commission reports (a) Annually, on or before November 15, the following entities shall report to the State Ethics Commission aggregate data on ethics complaints not submitted to the Commission, with the complaints separated by topic, and the disposition of those complain…

§ 1227. Investigations [Effective September 1, 2027] (a) Power to investigate. The Commission, through its Executive Director, may investigate public servants for alleged unethical conduct. The Commission may investigate alleged unethical conduct after receiving a complaint pursu…

§ 1228. Hearings before the Commission [Effective September 1, 2027] (a) Power to hold hearings. The Commission may meet and hold hearings for the purpose of gathering evidence and testimony if found warranted pursuant to section 1227 of this title and to make determinations. (b)…

§ 1229. Warnings; reprimands; recommended actions; agreements [Effective September 1, 2027] (a) Power to issue warnings, reprimands, and recommended actions. The Commission may issue warnings, reprimands, and recommended actions, not inconsistent with the Vermont Constitution and…

§ 1230. Procedure; rulemaking [Effective September 1, 2027] (a) Procedure. Unless otherwise controlled by statute or rules adopted by the Commission, the Vermont Rules of Civil Procedure and the Vermont Rules of Evidence shall apply in the Commission’s investigations and hearings…

§ 1231. Records; confidentiality [Effective September 1, 2027] (a) Intent. It is the intent of this section both to protect the reputation of public servants from public disclosure of frivolous complaints against them and to fulfill the public’s right to know any unethical conduc…