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Ethics commission chair urges funds to staff Act 171 implementation
Summary
Public commenter Paul Earlbaum told the Appropriations Committee the Ethics Commission cannot implement Act 171's municipal-advisory and investigatory duties without funding for two attorneys and additional staff, and warned municipal requests for advice are already overwhelming the commission.
Paul Earlbaum, who identified himself in the hearing transcript as chair of the ethics commission, asked the Appropriations Committee to appropriate funds for two full-time attorneys so the commission can implement Act 171, which added a statewide municipal ethics code and broadened investigatory and hearing authority. "When Act 171 became effective early last year, the ethics commission was swamped with requests for advice from towns and cities," Earlbaum said, adding that the commission has been unable to accept municipal advisory or complaint work because it lacks staff.
Earlbaum said the legislature delayed full investigatory and hearing authority until September 2027 because the commission lacked the staff to implement those powers. He told the committee that the commission's 2024 legislative authoring included a wish list but omitted sufficient funding for the new mandates: "In 2024, legislators who enacted Act 171 told us the budget was just inside to provide the ethics commission with additional staff. ... Well, it's next year, folks, and we're back."
In response to committee questioning, Earlbaum clarified the staffing proposal is for two attorneys plus retention of two existing half-time positions for a total of about three full-time equivalents. He estimated the cost to hire two attorneys, including salary and benefits, at roughly $351,000 and an additional ~$49,000 for office space and equipment.
Committee members asked about comparisons to other states and whether the commission sought enforcement authority; Earlbaum said the commission currently seeks staffing rather than new authority and noted other states use attorneys and support staff to operate similar commissions. He raised concerns that municipalities seeking advice have turned to the Vermont League of Cities and Towns, which may have conflicts because it also provides insurance to municipalities.
Earlbaum closed by urging the committee and the legislature to appropriate funding so the commission can carry out the new municipal and investigatory duties imposed by Act 171. The committee did not take a vote on the request at the hearing.
