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State Ethics Commission outlines municipal training, staffing and enforcement recommendations
Summary
At a Feb. 13 House Government Operations & Military Affairs hearing, the State Ethics Commission reviewed its first months of municipal work, urged more staff and funding, proposed mediation for ethics disputes, and said retaliation protections and clearer municipal definitions should be reconsidered.
The State Ethics Commission presented its annual report and told the House Government Operations & Military Affairs Committee on Feb. 13 that demand for municipal ethics guidance has grown quickly since the statewide municipal code took effect.
"We are primarily a services organization," Christine Zibbert, executive director of the State Ethics Commission, told the committee, summarizing the commission’s role in issuing advisory opinions, operating online training and referring complaints. Zibbert said the commission receives informal requests for advice and formal written advisory requests that are posted with identifying information redacted.
Commission witnesses said municipal requests now make up the majority of their caseload. Zibbert reported that the commission received about 37 requests for guidance last year and "20‑something" in the prior month, and that most topics involve conflicts of interest, preferential treatment and misuse of position or resources. The commission said it provides online municipal training and would like to expand in‑person training but is hampered by limited staffing.
The commission asked the committee to fund two additional positions: one legal counsel to handle investigations and a staff attorney to focus on municipal issues and training. The commission also described a proposed mediation option for municipal disputes, in which an outside mediator would be assigned on request and paid by the commission, with a short written report back to the commission.
Christine Zibbert and former executive director Larry Neubens described confusion about which entities are covered by the municipal code. The commission said conservation districts, utility districts and other special districts have asked whether they are covered; the commission recommended clarifying the statutory definition of "municipality" and expanding the pool of officials required to take training.
The commission urged the legislature to revisit retaliation protections for people who file ethics complaints. Zibbert said language granting broader anti‑retaliation protections for municipal complainants had been removed late in the bill process. "I've had so many people call me and describe situations where they're afraid to file a complaint," she said, and the commission recommended reconsidering protections for municipal officials and members of the public.
The commission also recommended improving lobbying disclosures, noting Vermont ranks low in comparison with other states, and asked to coordinate with the Secretary of State on a single online disclosure filing system. Commission staff said they sought federal earmark funding for mediation development but did not qualify under the grant categories.
Committee members asked questions about timelines, confidentiality and constitutional issues in separate testimony from legislative counsel and the judicial and attorney‑discipline chairs. The committee did not take formal action on funding or statutory clarifications during the Feb. 13 session.
