Rep. Mark Leland flags law forcing 60‑day wait for ethics panel consultation, says it 'impinges' on legislature's authority

Representative Mark Leland, chair of the House Judiciary Committee, told the Government Operations & Military Affairs Committee on Jan. 23 that a provision in a recently enacted ethics law creates a 60‑day consultation requirement that he says limits the legislature’s constitutional authority to oversee its members.

Leland said the law requires the state ethics commissioner to refer complaints involving legislators to the appropriate legislative ethics panel and that the panel must wait 60 days for the commissioner’s recommendation. “Having that constraint, that we have to wait 60 days, is problematic. It impinges on our constitutional authority,” Leland said.

The provision in question takes effect July 1, 2025, Leland said. He told committee members the delay is not only a constitutional concern but can be practically problematic: if a complaint is referred near the end of a biennium, the panel’s jurisdiction could expire before the consultation period ends.

Leland said H.1 (as discussed in committee) reverses some of the law’s consultation language, but the judiciary committee is seeking a different approach. “We’re continuing those discussions to find a different approach where we will still be able to take advantage of the expertise, in consulting with, the ethics commissioner,” he said, and that Representative Morgan will work on the solution.

Leland identified the ethics commissioner by name and said his talks with her are ongoing: “We’ve had discussions with the ethics commissioner, Christina Sibret.” He also noted legislative council, the clerk Betsy, and legislative staff (Michael O’Grady) assist the panel and were available to clarify details.

During follow‑up questions from committee members, Leland said one possible approach would be for the ethics commissioner to include any recommendation or opinion with the original referral so the panel would not be constrained by a fixed waiting period. He cautioned, however, that there are “complications” to resolving the issue and that the judiciary committee will continue to work on language.

Committee members did not take formal action on H.1 during the Government Operations & Military Affairs meeting; Leland asked the committee to await the judiciary committee’s further work and to stay informed if additional issues arise.

The discussion included references to the Vermont Constitution (chapter 2, section 14) as the source Leland cited for the legislature’s sole authority over member oversight. Leland said he missed the provision when the law originally passed and pledged to correct what he characterized as a constitutional concern.

The topic was raised during bill introductions and committee planning; no formal vote or motion was recorded on H.1 in the Government Operations & Military Affairs meeting transcript.