Senate proposes amendments to ethics bill after constitutional and funding concerns

The Vermont Senate on May 16, 2025, voted to propose to the House amendments to H.1, a bill that would revise how the Vermont State Ethics Commission provides advice when it refers complaints to legislative, judicial and executive entities.

The change follows identification of constitutional problems in a 2024 ethics law and concerns from multiple tribunals and the commission about confidentiality, authority and staffing. The Senate Government Operations Committee reported the amendments as a way to preserve the independent judgment of legislative and judicial bodies while still providing the commission’s view on how the state code of ethics would apply to referred complaints.

Senator David Collamore, the committee reporter (Senator from Rutland District), told the chamber that the 2024 act expanding the commission’s powers had required that legislative panels and judicial boards consult in writing with the State Ethics Commission before taking final action on a referred complaint. He said that raised constitutional issues because "the Vermont Constitution ... gives each legislative chamber the exclusive authority to judge its members' qualifications" and because the Supreme Court and judicial boards have disciplinary authority over judicial officers and attorneys. He said the statute as written "attempted to control constitutional powers of the legislative and judicial branches, but statute cannot control the constitution."

Under the committee's proposed amendment, the commission would still specify how the code of ethics applies to allegations and include a recommended action when it refers a complaint, but any advice would be confidential and explicitly nonbinding on the receiving entity. The proposal also strikes references to consultation records and delays reinstating the commission's authority to refer complaints to itself until Sept. 1, 2027, with the committee recommending the effective date of the commission’s expanded enforcement authority be extended to July 2027.

Senators questioned funding and staffing. The senator identified in the transcript as "Senator from Chittenden" asked the presenter to walk through how a complaint would proceed; Collamore replied that the commission would provide its application of the code and advice but would not be able to compel a panel’s decision. The senator identified as "Senator from Washington" asked whether the delay was tied to funding; Collamore said the commission requested positions, including a staff attorney, and the committee delayed implementing full enforcement authority because the funding and attorney position were not yet available.

The committee reported hearing from a list of witnesses, including John Bloomer (Clerk of the Vermont House of Representatives), Carolyn Anderson (Secretary of the Vermont Senate), Merrill Bent (chair, Professional Responsibility Board), Therese Corsohn (chair, Judicial Conduct Board), Chris Davis (state court administrator), Christina Sivert (executive director, Vermont State Ethics Commission), Paul Gillies, Peter Teachout (Vermont Law School), Jay Johnson (general counsel, governor’s office), Thomas Kate Jones (professor), Ben Kingsley (Campaign for Vermont), Representative Martin Malone (chair, House Judiciary), Larry Noble (former executive director, State Ethics Commission) and Michael O’Grady (deputy chief counsel, Office of Legislative Council). The Government Operations Committee vote was recorded as 4-1-0 in favor of the committee recommendation.

The chamber voice vote "ayes have it" and the Senate proposed to the House to amend H.1 as recommended by the committee; the Senate then ordered third reading of the bill.

Next steps: The Senate’s proposal will be transmitted to the House for concurrence on the committee amendments; the Senate has ordered third reading pending further action.