Public Service commissioner details recusals, disclosures during confirmation hearing

Carrick Johnson, commissioner of the Vermont Department of Public Service, told the Senate Finance Committee that he has disclosed his finances, consulted legal counsel and will recuse himself from proceedings that could affect the financial interests of his former employer.

Johnson said, “For the record, my name is Carrick Johnson, commissioner of the Department of Public Service, and our role is to advocate on behalf of customers, ratepayers, the public in proceedings before the public utility commission.” He told senators he had no ongoing provision of professional services or board participation with his former employer and that his retirement accounts do not hold stock in the company.

The committee pressed Johnson about potential appearances of conflict. Senator Hart noted that even without a direct financial tie “there might still be the appearance of [a conflict],” and asked whether Johnson had sought guidance on recusals. Johnson said he had his office’s general counsel review active matters and asked Eunice Porter, identified in the hearing as the department’s general counsel, to coordinate further review. He said that where matters before the Public Utility Commission would affect the former employer’s financial interest — for example, on certain debt or equity placements or on specific investigatory proceedings — “I’m gonna recuse myself for that.”

Johnson told the committee he will document those determinations in a memo for the record and follow any further guidance from the department’s legal counsel and the governor’s office. He also said he reached out informally for a second opinion from a private attorney and that he considers the state Ethics Commission a resource that can provide confidential guidance.

Committee members praised the steps taken and stressed the importance of a paper trail. The chair and other senators said it is difficult in a small state to find experts without prior industry connections, and they emphasized due diligence by the governor’s office and the Ethics Commission.

The session included no formal vote on the confirmation; senators framed the exchange as part of the committee’s due diligence prior to any decision.

Looking ahead, Johnson said he will provide the committee with a written memo identifying specific matters from which he will recuse himself and will continue coordinating with department and governor’s office counsel if further conflicts or appearance issues arise.