Vermont ethics commission urges funding for attorneys, warns staff shortfall will curtail new powers

The Vermont State Ethics Commission asked the House Government Operations & Military Affairs Committee on Feb. 3 to recommend funding to the Appropriations Committee so the office can meet newly assigned duties. Paul Pearlbaum, chair of the commission, told members the office has operated with "a very very small staff" since 2018 and described the current operation as "understaffed, toothless." Pearlbaum said the commission currently has a half‑time executive director and a half‑time administrative assistant and is unable to meet demand for advisory services.

"We keep getting a flood" of municipal requests, Pearlbaum said, citing 62 municipal requests for guidance, about 50 complaint inquiries that did not turn into formal complaints and 28 complaints filed through the commission. He said the commission posted on its website May 7 that, "with regret due to lack of staffing, the state ethics commission can no longer provide advisory and complaint services to municipalities." Pearlbaum told the committee that Act 171 expanded the commission's duties to include investigatory and hearing authority but did not provide the staff to carry out those duties.

Commissioner Will Stevens, appointed by the Senate Committee on Committees, told the panel a fully staffed commission provides early education and advice that can prevent later enforcement costs. "Front loading things so you don't end up, you can avoid problems," Stevens said, arguing that outreach and training reduce the need for costly investigations. Stevens and Pearlbaum both asked the committee to support a budget request for two full‑time attorneys: one dedicated to municipal issues and one to state and investigatory work.

Thomas (TJ) Jones, a consultant and former executive director of California's Fair Political Practices Commission, presented comparative charts by Zoom showing Vermont's staffing and budget lag peer states. Jones advised that the commission needs the equivalent of 4.5 full‑time positions now to deliver education, advice and basic casework and additional enforcement staff once investigatory duties begin. "At this point in time the minimum number of people that they need is the equivalent of 4 and a half to do the job right now," Jones said.

Witnesses emphasized practical effects: Pat McDonald, president of Campaign for Vermont, said a confidential, staffed ethics office helps employees and municipal officials know where to turn and protects people who bring concerns. Several committee members noted the distinction between this committee's policy role and the appropriations process but encouraged the commission to file a formal budget letter to ensure requests are routed properly.

The commission said its investigatory authority is scheduled to begin Sept. 1, 2027, but that it lacks the staff now to prepare for that role. Pearlbaum and Stevens said they were not asking for large sums; rather, they sought the staffing necessary to fulfill duties the legislature already assigned. The committee did not take any vote; members said they will continue fact‑finding and consult with Appropriations.