State Ethics Commission

V.S.A. tit. 3, ch. 31, subch. 3

in effect

3 V.S.A. § 1221 State Ethics Commission

1221. State Ethics Commission (a) Creation. There is created within the Executive Branch an independent commission named the State Ethics Commission to accept, review, make referrals regarding, and track complaints of alleged violations of governmental conduct regulated by law, of the Department of Human Resources Personnel Policy and Procedure Manual, and of the State’s campaign finance law set forth in 17 V.S.A. chapter 61; to provide ethics training; and to issue guidance and advisory opinions regarding ethical conduct. (a) Creation. There is created within the Executive Branch an independent commission named the State Ethics Commission to accept, review, investigate; hold hearings; issue warnings and reprimands; and recommend actions, make referrals regarding, and track complaints of alleged violations of governmental conduct regulated by law, of the Department of Human Resources Personnel Policy and Procedure Manual, of the State Code of Ethics, and of the State’s campaign finance law set forth in 17 V.S.A. chapter 61; to provide ethics training; and to issue guidance and advisory opinions regarding ethical conduct. (b) Membership. (1) The Commission shall be composed of the following seven members: (A) one member, appointed by the Chief Justice of the Supreme Court; (B) one member, appointed by the League of Women Voters of Vermont, who shall be a member of the League; (C) one member, appointed by the Board of Directors of the Vermont Society of Certified Public Accountants, who shall be a member of the Society; (D) one member, appointed by the Board of Managers of the Vermont Bar Association, who shall be a member of the Association; (E) one member, appointed by the Board of Directors of the SHRM (Society for Human Resource Management) Vermont State Council, who shall be a member of the Council; (F) one member, who shall be a former municipal officer, appointed by the Speaker of the House; and (G) one member, who shall be a former municipal officer, appointed by the Senate Committee on Committees. (2) The Commission shall elect the Chair of the Commission from among its membership. (3) A member shall not: (A) hold any office in the Legislative, Executive, or Judicial Branch of State government or otherwise be employed by the State; (B) hold or enter into any lease or contract with the State, or have a controlling interest in a company that holds or enters into a lease or contract with the State; (C) be a lobbyist; (D) be a candidate for State, legislative, or elected judicial office; or (E) hold any office in a State, legislative, or elected judicial office candidate’s committee, a political committee, or a political party. (4) A member may be removed for cause by the remaining members of the Commission in accordance with the Vermont Administrative Procedure Act. (5)(A) A member shall serve a term of five years and until a successor is appointed. A term shall begin on January 1 of the year of appointment and run through December 31 of the last year of the term. Terms of members shall be staggered so that no two terms expire at the same time. (B) A vacancy created before the expiration of a term shall be filled in the same manner as the original appointment for the unexpired portion of the term. (C) A member shall not serve more than two consecutive terms. A member appointed to fill a vacancy created before the expiration of a term shall not be deemed to have served a term for the purpose of this subdivision (C). (c) Executive Director. (1) The Commission shall be staffed by an Executive Director who shall be appointed by and serve at the pleasure of the Commission. (2) The Executive Director shall maintain the records of the Commission and shall provide administrative support as requested by the Commission, in addition to any other duties required by this chapter. (d) Confidentiality. The Commission and the Executive Director shall maintain the confidentiality required by this chapter. (e) Meetings. Meetings of the Commission: (1) shall be held at least quarterly for the purpose of the Executive Director updating the Commission on the Executive Director’s work; (2) may be called by the Chair and shall be called upon the request of any other two Commission members; and (3) shall be conducted in accordance with 1 V.S.A. § 310 et seq. (f) Reimbursement. Each member of the Commission shall be entitled to per diem compensation and reimbursement of expenses pursuant to 32 V.S.A. § 1010. Added 2017, No. 79, § 7, eff. Jan. 1, 2018; amended 2021, No. 44, § 1, eff. June 1, 2021; 2023, No. 6, § 5, eff. July 1, 2023; 2023, No. 171 (Adj. Sess.), §§ 15, 16, 18, eff. June 10, 2024; 2023, No. 171 (Adj. Sess.), § 7, eff. July 1, 2028.

3 V.S.A. § 1222 Commission member prohibited conduct

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 matter. (B) The failure of a Commission member to recuse himself or herself as described in subdivision (A) of this subdivision (1) may be grounds for the Commission to discipline or remove that member. (2) Disclosure of conflict of interest. (A) A Commission member who has reason to believe he or she has a conflict of interest in a Commission matter shall disclose that he or she has that belief and disclose the nature of the conflict of interest. Alternatively, a Commission member may request that another Commission member recuse himself or herself from a Commission matter due to a conflict of interest. (B) Once there has been a disclosure of a member’s conflict of interest, members of the Commission shall be afforded the opportunity to ask questions or make comments about the situation to address the conflict. (C) A Commission member may be prohibited from participating in a Commission matter by at least three other members of the Commission. (3) Postrecusal or -prohibition procedure. A Commission member who has recused himself or herself or was prohibited from participating in a Commission matter shall not sit or deliberate with the Commission or otherwise act as a Commission member on that matter. (4) Definition. As used in this subsection, “conflict of interest” means an interest of a member that is in conflict with the proper discharge of his or her official duties due to a significant personal or financial interest of the member, of a person within the member’s immediate family, or of the member’s business associate. “Conflict of interest” does not include any interest that is not greater than that of any other persons generally affected by the outcome of a matter. (b) Gifts. A Commission member shall not accept a gift given by virtue of his or her membership on the Commission. Added 2017, No. 79, § 7, eff. Jan. 1, 2018; amended 2023, No. 171 (Adj. Sess.), § 8, eff. July 1, 2025.

3 V.S.A. § 1223 Procedure for accepting and referring complaints

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 campaign finance law set forth in 17 V.S.A. chapter 61. (2) Complaints shall be in writing and shall include the identity of the complainant. (b) Preliminary review by Executive Director. The Executive Director shall conduct a preliminary review of complaints made to the Commission in order to take action as set forth in this subsection, which shall include referring complaints to all relevant entities. (1) Governmental conduct regulated by law. (A) If the complaint alleges a violation of governmental conduct regulated by law, the Executive Director shall refer the complaint to the Attorney General or to the State’s Attorney of jurisdiction, as appropriate. (B) The Attorney General or State’s Attorney shall file a report with the Executive Director regarding his or her decision as to whether to bring an enforcement action as a result of a complaint referred under subdivision (A) of this subdivision (1) within 10 days of that decision. (2) Department of Human Resources, Personnel Policy and Procedure Manual. (A) If the complaint alleges a violation of the Department of Human Resources Personnel Policy and Procedure Manual, the Executive Director shall refer the complaint to the Commissioner of Human Resources. (B) The Commissioner shall report back to the Executive Director regarding the final disposition of a complaint referred under subdivision (A) of this subdivision (2) within 10 days of that final disposition. (3) Campaign finance. (A) If the complaint alleges a violation of campaign finance law, the Executive Director shall refer the complaint to the Attorney General or to the State’s Attorney of jurisdiction, as appropriate. (B) The Attorney General or State’s Attorney shall file a report with the Executive Director regarding his or her decision as to whether to bring an enforcement action as a result of a complaint referred under subdivision (A) of this subdivision (3) as set forth in 17 V.S.A. § 2904a. (4) Legislative and Judicial Branches; attorneys. (A) If the complaint is in regard to conduct committed by a State Senator, the Executive Director shall refer the complaint to the Senate Ethics Panel and shall request a report back from the Panel regarding the final disposition of the complaint. (B) If the complaint is in regard to conduct committed by a State Representative, the Executive Director shall refer the complaint to the House Ethics Panel and shall request a report back from the Panel regarding the final disposition of the complaint. (C) If the complaint is in regard to conduct committed by a judicial officer, the Executive Director shall refer the complaint to the Judicial Conduct Board and shall request a report back from the Board regarding the final disposition of the complaint. (D) If the complaint is in regard to an attorney employed by the State, the Executive Director shall refer the complaint to the Professional Responsibility Board and shall request a report back from the Board regarding the final disposition of the complaint. (E) If any of the complaints described in subdivisions (A)-(D) of this subdivision (4) also allege that a crime has been committed, the Executive Director shall also refer the complaint to the Attorney General and the State’s Attorney of jurisdiction. (5) Municipal Code of Ethics. If the complaint alleges a violation of the Municipal Code of Ethics, the Executive Director shall refer the complaint to the designated ethics liaison of the appropriate municipality. (6) Closures. The Executive Director shall close any complaint that the Executive Director does not refer as set forth in subdivisions (1)-(5) of this subsection. (b) Preliminary review by Executive Director. The Executive Director shall conduct a preliminary review of complaints made to the Commission in order to take action as set forth in this subsection, which shall include referring complaints to all relevant entities, including the Commission itself. (1) Governmental conduct regulated by law. (A) If the complaint alleges a violation of governmental conduct regulated by law, the Executive Director shall refer the complaint to the Attorney General or to the State’s Attorney of jurisdiction, as appropriate. (B) The Attorney General or State’s Attorney shall file a report with the Executive Director regarding his or her decision as to whether to bring an enforcement action as a result of a complaint referred under subdivision (A) of this subdivision (1) within 10 days of that decision. (2) Department of Human Resources, Personnel Policy and Procedure Manual. (A) If the complaint alleges a violation of the Department of Human Resources Personnel Policy and Procedure Manual, the Executive Director shall refer the complaint to the Commissioner of Human Resources. (B) The Commissioner shall report back to the Executive Director regarding the final disposition of a complaint referred under subdivision (A) of this subdivision (2) within 10 days of that final disposition. (3) Campaign finance. (A) If the complaint alleges a violation of campaign finance law, the Executive Director shall refer the complaint to the Attorney General or to the State’s Attorney of jurisdiction, as appropriate. (B) The Attorney General or State’s Attorney shall file a report with the Executive Director regarding his or her decision as to whether to bring an enforcement action as a result of a complaint referred under subdivision (A) of this subdivision (3) as set forth in 17 V.S.A. § 2904a. (4) Legislative and Judicial Branches; attorneys. (A) If the complaint is in regard to conduct committed by a State Senator, the Executive Director shall refer the complaint to the Senate Ethics Panel and shall request a report back from the Panel regarding the final disposition of the complaint. (B) If the complaint is in regard to conduct committed by a State Representative, the Executive Director shall refer the complaint to the House Ethics Panel and shall request a report back from the Panel regarding the final disposition of the complaint. (C) If the complaint is in regard to conduct committed by a judicial officer, the Executive Director shall refer the complaint to the Judicial Conduct Board and shall request a report back from the Board regarding the final disposition of the complaint. (D) If the complaint is in regard to an attorney employed by the State, the Executive Director shall refer the complaint to the Professional Responsibility Board and shall request a report back from the Board regarding the final disposition of the complaint. (E) If any of the complaints described in subdivisions (A)-(D) of this subdivision (4) also allege that a crime has been committed, the Executive Director shall also refer the complaint to the Attorney General and the State’s Attorney of jurisdiction. (5) Municipal Code of Ethics. If the complaint alleges a violation of the Municipal Code of Ethics, the Executive Director shall refer the complaint to the designated ethics liaison of the appropriate municipality. (6) Closures. The Executive Director shall close any complaint that the Executive Director does not refer as set forth in subdivisions (1)-(5) of this subsection. (c) Commission advice on the application of the State Code of Ethics on referred complaints. (1) If the Executive Director refers a complaint under subsection (b) of this section, the Executive Director shall signify any likely unethical conduct described in the complaint and, except for complaints alleging a violation of the Municipal Code of Ethics as set forth in subdivision (b)(5) of this section, shall specify any application of the State Code of Ethics to the allegations presented in the complaint and include a recommended action. (2) Any advice the Commission provides to the referred entity under this subsection shall be confidential and nonbinding on the entity. (d) Confidentiality. Complaints and related documents in the custody of the Commission shall be exempt from public inspection and copying under the Public Records Act and kept confidential. (d) Confidentiality. Complaints and related documents in the custody of the Commission shall be exempt from public inspection and copying under the Public Records Act and kept confidential, except as provided for in section 1231 of this title. Added 2017, No. 79, § 7, eff. Jan. 1, 2018; amended 2021, No. 44, § 1, eff. June 1, 2021; 2023, No. 171 (Adj. Sess.), § 9, eff. Sept. 1, 2025; 2025, No. 44, § 1, eff. Sept. 1, 2025; 2025, No. 44, § 2, eff. July 1, 2028.

3 V.S.A. § 1224 Commission ethics training

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 topics related to those covered in any guidance provided or advisory opinion issued under section 1225 of this subchapter. Added 2017, No. 79, § 7, eff. Jan. 1, 2018; amended 2021, No. 44, § 1, eff. June 1, 2021.

3 V.S.A. § 1225 Executive Director guidance and advisory opinions

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 provision of this chapter or regarding any other issue related to governmental ethics. (2) The Executive Director may consult with members of the Commission and the Department of Human Resources in preparing this guidance. (3) Guidance provided under this subsection shall be exempt from public inspection and copying under the Public Records Act and shall be kept confidential unless the receiving entity has publicly disclosed it. (b) Advisory opinions. (1) On the written request of a person who is or will be subject to the provisions of this chapter, the Executive Director may issue an advisory opinion to that person that provides general advice or interpretation with respect to that person’s duties regarding any provision of this chapter or regarding any other issue related to governmental ethics. (2) The Executive Director may consult with members of the Commission and the Department of Human Resources in preparing these advisory opinions. (3) The Executive Director may seek comment from persons interested in the subject of an advisory opinion under consideration. (4) The Executive Director shall post on the Commission’s website any advisory opinions that he or she issues. Added 2017, No. 79, § 7, eff. Jan. 1, 2018; amended 2021, No. 44, § 1, eff. June 1, 2021.

3 V.S.A. § 1226 Commission reports

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 complaints, including any prosecution, enforcement action, or dismissal: (1) the office of the Attorney General and State’s Attorneys’ offices, of alleged violations of governmental conduct regulated by law and associated crimes and including campaign finance requirements; (2) the Department of Human Resources, of complaints alleging conduct that violates the ethical provisions of the Department of Human Resources Personnel Policy and Procedure Manual or of the State Code of Ethics; (3) the Senate Ethics Panel, of alleged unethical conduct committed by State Senators; (4) the House Ethics Panel, of alleged unethical conduct committed by State Representatives; (5) the Judicial Conduct Board, of alleged unethical conduct committed by a judicial officer; (6) the Professional Responsibility Board, of alleged unethical conduct committed by an attorney employed by the State; and (7) the Office of the State Court Administrator, of complaints alleging conduct that violates the ethical provisions of the Judicial Branch Personnel Policy or of the State Code of Ethics, including for attorneys employed by the State. (b) Annually, on or before January 15, the State Ethics Commission shall report to the General Assembly regarding the following issues: (1) Complaints. (A) The number and a summary of the complaints made to the Commission, separating the complaints by topic, and the disposition of those complaints, including any prosecution, enforcement action, or dismissal. This summary of complaints shall not include any personal identifying information. (B) The number and a summary of the complaints data received by the Commission pursuant to subsection (a) of this section. (2) Guidance and training. (A) Guidance. The number of requests for and a summary of the guidance the Executive Director provided, separating the guidance by topic. This summary of guidance shall not include any personal identifying information. (B) Training. An estimate of the number of Code of Ethics trainings conducted by each branch of government, a summary of the training activities undertaken by the Ethics Commission, and a summary of any recommendations the Commission or the Executive Director made to any branch of State government regarding additional training or more in-depth training for particular provisions of the Code of Ethics. (3) Recommendations. Any recommendations for legislative action to address State governmental ethics or provisions of campaign finance law. (c) The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under subsection (b) of this section. Added 2017, No. 79, § 7, eff. Jan. 1, 2018; amended 2021, No. 44, § 1, eff. June 1, 2021; 2021, No. 102 (Adj. Sess.), § 2a, eff. July 1, 2022; 2023, No. 171 (Adj. Sess.), § 19, eff. June 10, 2024; 2025, No. 157 (Adj. Sess.), § 15, eff. July 1, 2026.

3 V.S.A. § 1227 Investigations [Effective July 1, 2028]

1227. Investigations [Effective July 1, 2028] (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 pursuant to section 1223 of this title. The Commission may also investigate suspected unethical conduct without receiving any complaint. (b) Initiation of investigation by Commission vote. The Executive Director shall only initiate an investigation upon an affirmative vote to proceed with the investigation of unethical conduct by a majority of current members of the Commission who have not recused themselves. (c) Statute of limitations. The Commission shall only initiate an investigation relating to unethical conduct that last occurred within the prior two years. (d) Outside legal counsel and investigators. The Executive Director may appoint legal counsel, who shall be an attorney admitted to practice in this State, and investigators to assist with investigations, hearings, and issuance of warnings, reprimands, and recommended actions. (e) Notice. The Executive Director shall notify the complainant and public servant, in writing, of any complaint being investigated. (f) Complainant participation. A complainant shall have the right to be heard in an investigation resulting from the complaint. (g) Timeline of investigation. An investigation shall conclude within six months after either the date of the complaint received or, in the event no complaint was received, the date of the investigation’s initiation by the Executive Director. (h) Burden of proof. For a hearing to be warranted subsequent to an investigation, the Executive Director shall find that there is a reasonable basis to believe that the public servant’s conduct constitutes an unethical violation. (i) Determination after investigation. (1) Upon investigating the alleged unethical conduct, if the Executive Director determines that an evidentiary hearing is warranted, the Executive Director shall notify the Commission. If a majority of current members of the Commission who have not recused themselves vote in concurrence with the Executive Director’s determination that an evidentiary hearing is warranted, the Executive Director shall prepare an investigation report specifying the public servant’s alleged unethical conduct, a copy of which shall be served upon the public servant and any complainant, together with the notice of hearing set forth in section 1228 of this title. (2) Upon investigating the alleged unethical conduct, if the Executive Director determines that an evidentiary hearing is not warranted, the Executive Director shall notify the Commission, the public servant, and any complainant, in writing, of the result of the investigation and the termination of proceedings. Added 2023, No. 171 (Adj. Sess.), § 10, eff. July 1, 2028.

3 V.S.A. § 1228 Hearings before the Commission [Effective July 1, 2028]

1228. Hearings before the Commission [Effective July 1, 2028] (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) Open meetings. All Commission hearings shall be considered meetings of the Commission as described in subsection 1221(e) of this title and shall be conducted in accordance with 1 V.S.A. § 310 et seq. (c) Time of hearing. The Chair of the Commission shall set a time for the hearing as soon as convenient following the Director’s determination that an evidentiary hearing is warranted, subject to the discovery needs of the public servant and any complainant as established in any prehearing or discovery conference or in any orders regulating discovery and depositions, or both, but not earlier than 30 days after service of the charge upon the public servant. The public servant or a complainant may file motions to extend the time of the hearing for good cause, which may be granted by the Chair. (d) Notice of hearing. The Chair shall give the public servant and any complainant reasonable notice of a hearing, which shall include: (1) A statement of the time, place, and nature of the hearing. (2) A statement of the legal authority and jurisdiction under which the hearing is to be held. (3) A reference to the particular sections of the statutes and rules involved. (4) A short and plain statement of the matters at issue. If the Commission is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter, upon application by either the public servant or any complainant, a more definite and detailed statement shall be furnished. (5) A reference and copy of any rules adopted by the Commission regarding the hearing’s procedures, rules of evidence, and other aspects of the hearing. (e) Rights of public servants and complainants. Opportunity shall be given to the public servant and any complainant to be heard at the hearing, present evidence, respond to evidence, and argue on all issues related to the alleged unethical misconduct. (f) Executive session. In addition to the provisions of 1 V.S.A. § 313(a), the Commission may enter executive session if the Commission deems it appropriate in order to protect the confidentiality of an individual or any other protected information pertaining to any identifiable person that is otherwise confidential under State or federal law. Added 2023, No. 171 (Adj. Sess.), § 11, eff. July 1, 2028; amended 2025, No. 18, § 16.

3 V.S.A. § 1229 Warnings; reprimands; recommended actions; agreements [Effective July 1, 2028]

1229. Warnings; reprimands; recommended actions; agreements [Effective July 1, 2028] (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 laws of the State, including facilitated mediation, additional training and education, referrals to counseling and wellness support, or other remedial actions. (b) Factors in determination. (1) Circumstances of unethical conduct. In this determining, the Commission shall consider the degree of unethical conduct, the timeline over which the unethical conduct occurred and whether the conduct was repeated, and the privacy, rights, and responsibilities of the parties. (2) Determination based on evidence. The Commission shall render its determination on the allegation on the basis of the evidence in the record before it, regardless of whether the Commission makes its determination on the investigation report of the Executive Director pursuant to section 1227 of this title alone, on evidence and testimony presented in the hearing pursuant to section 1228 of this title, or on its own findings. (3) Burden of proof. The Commission shall only issue a warning, reprimand, or recommended action if it finds that, by a preponderance of the evidence, the public servant committed unethical conduct. (c) Determination after hearing. (1) If a majority of current members of the Commission who have not recused themselves find that the public servant committed unethical conduct as specified in the investigation report the Executive Director pursuant to section 1227 of this title alone, the Commission shall then, in writing or stated in the record, issue a warning, reprimand, or recommended action. (2) If the Commission does not find that the public servant committed unethical conduct, the Commission shall issue a statement that the allegations were not proved. (3) When a determination or order is approved for issue by the Commission, the decision or order may be signed by the Chair on behalf of the Commission. (d) Timeline for determination. The Commission shall make its determination within 30 days after concluding the Commission’s last hearing under this section and notify the public servant and any complainant of the Committee’s determination. This timeline may be extended by the Commission for good cause or pursuant to an agreement made between the Commission and the public servant. (e) Referral of unethical conduct. Notwithstanding subsection 1223(c) of this title, the Commission shall notify the Attorney General or the State’s Attorney of jurisdiction of any alleged violations of governmental conduct regulated by law or the relevant federal agency of any alleged violations of federal law, if discovered in the course of the Commission’s investigations. (f) Power to enter into resolution agreements. (1) Notwithstanding any provisions of this chapter to the contrary, the Commission may, by a majority vote of its current members who have not recused themselves, enter into a resolution agreement with a public servant who is the subject of a complaint or investigation. (2) A resolution agreement shall: (A) include an agreed course of remedial action to be taken by the public servant; (B) be in writing; and (C) be executed by both the public servant and Executive Director. (3) A resolution agreement may be entered into at any point in time before or during Commission proceedings. Any procedural deadlines described in this chapter or rules adopted pursuant to this chapter shall be paused at the time of execution of the resolution agreement. The Executive Director shall verify compliance with the resolution agreement within three months following execution of the agreement, and if the Executive Director is not satisfied that compliance has been achieved, the Commission may resume its initial proceedings. (4) The Commission shall create a summary of any resolution agreement. A summary of any resolution agreement shall be a public record subject to public inspection and copying under the Public Records Act. A resolution agreement shall be exempt from public inspection and copying under the Public Records Act and shall be considered confidential. Added 2023, No. 171 (Adj. Sess.), § 12, eff. July 1, 2028.

3 V.S.A. § 1230 Procedure; rulemaking [Effective July 1, 2028]

1230. Procedure; rulemaking [Effective July 1, 2028] (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. (b) Rulemaking. The Commission shall adopt rules pursuant to chapter 25 of this title regarding procedural and evidentiary aspects of the Commission’s investigations and hearings. (c) Waiver of rules. To prevent unnecessary hardship, delay, or injustice, or for other good cause, a vote of two-thirds of the Commission’s members present and voting may waive the application of a rule upon such conditions as the Chair may require, unless precluded by rule or by statute. (d) Subpoenas and oaths. The Commission, the Executive Director, and the Commission’s legal counsel and investigators shall have the power to issue subpoenas and administer oaths in connection with any investigation or hearing, including compelling the provision of materials or the attendance of witnesses at any investigation or hearing. The Commission, the Executive Director, and the Commissioner’s legal counsel shall seek voluntary compliance prior to issuing a subpoena, except in cases where there is reasonable suspicion that materials will not be produced in a timely manner. The Commission, the Executive Director, and the Commission’s legal counsel and investigators may take or cause depositions to be taken as needed in any investigation or hearing. Added 2023, No. 171 (Adj. Sess.), § 13, eff. July 1, 2028.

3 V.S.A. § 1231 Records; confidentiality [Effective July 1, 2028]

1231. Records; confidentiality [Effective July 1, 2028] (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 conduct committed by a public servant that results in issued warnings, reprimands, or recommended actions. (b) Public records. Except as where otherwise provided in this chapter, public records relating to the Commission’s handling of complaints, alleged unethical conduct, investigations, proceedings, and executed resolution agreements are exempt from public inspection and copying under the Public Records Act and shall be kept confidential, except those public records required or permitted to be released under this chapter. Records subject to public inspection and copying under the Public Records Act shall include: (1) investigation reports relating to alleged unethical conduct determined to warrant a hearing pursuant to section 1227 of this title, but not any undisclosed records gathered or created in the course of an investigation; (2) at the request of the public servant or the public servant’s designated representative, investigation reports relating to alleged unethical conduct determined to not warrant a hearing pursuant to section 1227 of this title, but not any undisclosed records gathered or created in the course of an investigation; (3) evidence produced in the open and public portions of Commission hearings; (4) any warnings, reprimands, and recommendations issued by the Commission; (5) any summaries of executed resolution agreements; and (6) any records, as determined by the Commission, that support a warning, reprimand, recommendation, or summary of an executed resolution agreement, including investigation reports in accordance with subdivisions (1) and (2) of this subsection. (c) Court orders. Nothing in this section shall prohibit the disclosure of any information regarding alleged unethical conduct pursuant to an order from a court of competent jurisdiction, or to a State or federal law enforcement agency in the course of its investigation, provided the agency agrees to maintain the confidentiality of the information as provided in subsection (b) of this section. Added 2023, No. 171 (Adj. Sess.), § 14, eff. July 1, 2028; 2025, No. 44, § 3, eff. July 1, 2028.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/03/031Fetched: 10/21/2026