The bill proposes to exempt the House and Senate Ethics Panels from the requirement to consult with the Executive Director of the State Ethics Commission regarding any complaints referred to them by the Commission. It includes a repeal of a prior ethics oversight legislation and amends the procedure for accepting and referring ethics complaints. A new draft of the bill would also exempt the judicial branch and executive branch attorneys from the purview of the Ethics Commission.

The Details:

• Section 1 repeals 2024 Act 171 Section 9, which establishes the process for accepting and referring complaints that aren't under the direct jurisdiction of the Ethics Commission.
  • The Commission may highlight areas of concern when it forwards the complaint. The receiving party is required to consult with the Commission about the application of the statewide code of ethics.
  • Any advice provided under this section by the Ethics Commission during consultation is confidential and non-binding.
  • A provision under current law requires that if the Ethics Commission refers a complaint to the legislative or judicial branch then the receiving party is required to provide an update within 60 days on the status of the complaint. They must also provide an update on the final resolution of the complaint.
    
    
• Section 2 adds back some provisions requiring the Executive Director to specify the "application of the State Code of Ethics" when forwarding a complaint. However the new provision exempts the House and Senate Ethics Panels, the Judicial Branch, municipalities, and executive branch attorneys from the requirement to consult with the Commission regarding the application of the statewide code of ethics.
  • This new section is titled the Procedure for "Accepting and Referring Complaints" instead of "Handling Complaints."
  • Updates a missing reference to records confidentiality for documents in possession of the Ethics Commission.

• Section 3 sets an effective date immediately upon passage, except for Section 2 which would take a effect on September 1, 2025.

NOTE: Effectively what Sections 1 and 2 are doing is to repeal and replace 3 V.S.A. § 1223 in order to remove the requirement to consult with the Ethics Commission regarding complaints they forward.

Analysis:

The legislature has always been resistant to any form of independent ethics oversight, arguing that the constitution bars it under the separation of powers theory. However, despite having the same separation of powers issues, other states have taken a different approach. In the vast majority of states, Ethics Commissions have the ability to investigate and bring enforcement actions against legislators when the conduct in question doesn't relate to core legislative functions (i.e. writing legislation, voting, committee assignments). In Vermont, the State Code of Ethics already exempts core legislative functions from 3rd party scrutiny, so separation of powers is not an issue here. Further, while the Ethics Commission is placed in the Executive Branch for administrative purposes (human resources, IT, etc.) it is not an agent of the executive branch and does not answer to the Governor or any other executive branch officer.

What the current statute requires is that the panels in the House and Senate respectively must consult with the Commission regarding how to apply the statewide code of ethics and then report back to the Commission the status of their investigation and resolution of the complaint. Minimal oversight by the Ethics Commission, just the requirement to consult. The same is generally true for the judicial branch where there is an internal investigation regarding ethics complaints. The judicial branch has always wanted to be exempt from ethics oversight so they are hitching their bandwagon to the latest effort.

This bill would remove even that meager accountability measure. We strongly disagree with this, it is exactly the opposite of what we should be doing. Our state is ranked in the bottom ten for anti-corruption measures, largely due to the Commission's lack of enforcement powers.

Vermont needs stronger ethics oversight, not weaker. Just because we have an unprecedented level of access to our legislators, does not mean we know what they are doing behind closed doors. Vermont needs a strong independent ethics oversight mechanism for all three branches of government. We are at a time when trust in government institutions is at an all-time low, the solution is more sunlight, not less.

Current Status:

The bill has been passed by the House on a voice vote and is on its way to the Senate.

Last updated: 3/15/2025

DISCLAIMER: Generative AI used to assist in the production of this report.