Sec. 22. 24 V.S.A. chapter 60 is added to read:
CHAPTER 60. MUNICIPAL CODE OF ETHICS
§ 1991. DEFINITIONS
As used in this chapter:
(1) “Advisory body” means a public body that does not have supervision, control, or jurisdictionover 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.
§ 1992. CONFLICTS OF INTEREST
(a) Duty to avoid conflicts of interest. In the municipal officer’s official capacity, the officer
shall avoid any conflict of interest or the appearance of a conflict of interest. The appearance of a
conflict shall be determined from the perspective of a reasonable individual with knowledge of
the relevant facts.
(b) Recusal.
(1) If a municipal officer is confronted with a conflict of interest or the appearance of one, the
officer shall immediately recuse themselves from the matter, except as otherwise provided in
subdivisions (2) and (5) of this subsection, and not take further action on the matter or participate
in any way or act to influence a decision regarding the matter. After recusal, an officer may still
take action on the matter if the officer is a party, as defined by section 1201 of this title, in a
contested hearing or litigation and acts only in the officer’s capacity as a member of the public.
The officer shall make a public statement explaining the officer’s recusal.
(2)(A) Notwithstanding subdivision (1) of this subsection (b), an officer may continue to act in a
matter involving the officer’s conflict of interest or appearance of a conflict of interest if the
officer first:
(i) determines there is good cause for the officer to proceed, meaning:
(I) the conflict is amorphous, intangible, or otherwise speculative;
(II) the officer cannot legally or practically delegate the matter; or
(III) the action to be taken by the officer is purely ministerial and does not involve substantive
decision-making; and
(ii) the officer submits a written nonrecusal statement to the legislative body of the municipality
regarding the nature of the conflict that shall:
(I) include a description of the matter requiring action;
(II) include a description of the nature of the potential conflict or actual conflict of interest;
(III) include an explanation of why good cause exists so that the municipal officer can take
action in the matter fairly, objectively, and in the public interest;
(IV) be written in plain language and with sufficient detail so that the matter may be understood
by the public; and
(V) be signed by the municipal officer.
(B) Notwithstanding subsection (A) of this subdivision (2), a municipal officer that would
benefit from any contract entered into by the municipality and the officer, the officer’s
immediate family, or an associated business of the officer or the officer’s immediate family, and
whose official duties include execution of that contract, shall recuse themselves from any
decision-making process involved in the awarding of that contract.
(C) Notwithstanding subsection (A) of this subdivision (2), a municipal officer shall not continue
to act in a matter involving the officer’s conflict of interest or appearance of a conflict of interest
if authority granted to another official or public body elsewhere under law is exercised to
preclude the municipal officer from continuing to act in the matter.
(3) If an officer’s conflict of interest or the appearance of a conflict of interest concerns an
official act or actions that take place outside a public meeting, the officer’s nonrecusal statement
shall be filed with the clerk of the municipality and be available to the public for the duration of
the officer’s service plus a minimum of five years.
(4) If an officer’s conflict of interest is related to an official municipal act or actions considered
at a public meeting, the officer’s nonrecusal statement shall be filed as part of the minutes of the
meeting of the public body in which the municipal officer serves.
(5) If, at a meeting of a public body, an officer becomes aware of a conflict of interest or the
appearance of a conflict of interest for the officer and the officer determines there is good cause
to proceed, the officer may proceed with the matter after announcing and fully stating the
conflict on the record. The officer shall submit a written nonrecusal statement pursuant to
subdivision (2) of this subsection within five business days after the meeting. The meeting
minutes shall be subsequently amended to reflect the submitted written nonrecusal statement.
(c) Authority to inquire about conflicts of interest. If a municipal officer is a member of a public
body, the other members of that body shall have the authority to inquire of the officer about any
possible conflict of interest or any appearance of a conflict of interest and to recommend that the
member recuse themselves from the matter.
(d) Confidential information. Nothing in this section shall require a municipal officer to disclose
confidential information or information that is otherwise privileged under law.
§ 1993. PROHIBITED CONDUCT
(a) Directing unethical conduct. A municipal officer shall not direct any individual to act in a
manner that would:
(1) benefit a municipal officer in a manner related to the officer’s conflict of interest;
(2) create a conflict of interest or the appearance of a conflict of interest
for the officer or for the directed individual; or
(3) otherwise violate the Municipal Code of Ethics as described in this chapter.
(b) Preferential treatment. A municipal officer shall act impartially and not unduly favor or
prejudice any person in the course of conducting official business. An officer shall not give, or
represent an ability to give, undue preference or special treatment to any person because of the
person’s wealth, position, or status or because of a person’s personal relationship with the
officer, unless otherwise permitted or required by State or federal law.
(c) Misuse of position. A municipal officer shall not use the officer’s official position for the
personal or financial gain of the officer, a member of the officer’s immediate family or
household, or the officer’s business associate.
(d) Misuse of information. A municipal officer shall not use nonpublic or confidential
information acquired during the course of official business for personal or financial gain of the
officer or for the personal or financial gain of a member of the officer’s immediate family or
household or of an officer’s business associate.
(e) Misuse of government resources. A municipal officer shall not make use of a town’s, city’s,
or village’s materials, funds, property, personnel, facilities, or equipment, or permit another
person to do so, for any purpose other than for official business unless the use is expressly
permitted or required by State law; ordinance; or a written agency, departmental, or institutional
policy or rule. An officer shall not engage in or direct another person to engage in work other
than the performance of official duties during working hours, except as permitted or required by
law or a written agency, departmental, or institutional policy or rule.
(f) Gifts.
(1) No person shall offer or give to a municipal officer or candidate, or the officer’s or
candidate’s immediate family, anything of value, including a gift, loan, political contribution,
reward, or promise of future employment based on any understanding that the vote, official
action, or judgment of the municipal officer or candidate would be, or had been, influenced
thereby.
(2) A municipal officer or candidate shall not solicit or accept anything of value, including a gift,
loan, political contribution, reward, or promise of future employment based on any
understanding that the vote, official action, or judgment of the municipal officer or candidate
would be or had been influenced thereby.
(3) Nothing in subdivision (1) or (2) of this subsection shall be construed to apply to any
campaign contribution that is lawfully made to a candidate or candidate’s committee pursuant to
17 V.S.A. chapter 61 or to permit any activity otherwise prohibited by 13 V.S.A. chapter 21.
(g) Unauthorized commitments. A municipal officer shall not make unauthorized commitments
or promises of any kind purporting to bind the municipality unless otherwise permitted by law.
(h) Benefit from contracts. A municipal officer shall not benefit from any contract entered into
by the municipality and the officer, the officer’s immediate family, or an associated business of
the officer or the officer’s immediate family, unless:
(1) the benefit is not greater than that of other individuals generally affected by the contract;
(2) the contract is a contract for employment with the municipality;
(3) the contract was awarded through an open and public process of competitive bidding; or
(4) the total value of the contract is less than $2,000.00
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