Vermont Statutes Title 3 Sec. 1222
Terms Used In Vermont Statutes Title 3 Sec. 1222
- Commission: means the State Ethics Commission established under subchapter 3 of this chapter. See
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Immediate family: means an individual's spouse, domestic partner, or civil union partner; child or foster child; sibling; parent; or such relations by marriage or by civil union or domestic partnership; or an individual claimed as a dependent for federal income tax purposes. See
- Person: means any individual, group, business entity, association, or organization. See
§ 1222. Commission member duties and prohibited conduct
(a) Conflicts of interest.
(1) Prohibition; recusal.
(A) A Commission member shall not participate in any Commission matter in which he or she has a conflict of interest and shall recuse himself or herself from participation in that matter.
(B) The failure of a Commission member to recuse himself or herself as described in subdivision (A) of this subdivision (1) may be grounds for the Commission to discipline or remove that member.
(2) Disclosure of conflict of interest.
(A) A Commission member who has reason to believe he or she has a conflict of interest in a Commission matter shall disclose that he or she has that belief and disclose the nature of the conflict of interest. Alternatively, a Commission member may request that another Commission member recuse himself or herself from a Commission matter due to a conflict of interest.
(B) Once there has been a disclosure of a member’s conflict of interest, members of the Commission shall be afforded the opportunity to ask questions or make comments about the situation to address the conflict.
(C) A Commission member may be prohibited from participating in a Commission matter by at least three other members of the Commission.
(3) Postrecusal or -prohibition procedure. A Commission member who has recused himself or herself or was prohibited from participating in a Commission matter shall not sit or deliberate with the Commission or otherwise act as a Commission member on that matter.
(4) Definition. As used in this subsection, “conflict of interest” means an interest of a member that is in conflict with the proper discharge of his or her official duties due to a significant personal or financial interest of the member, of a person within the member’s immediate family, or of the member’s business associate. “Conflict of interest” does not include any interest that is not greater than that of any other persons generally affected by the outcome of a matter.
(b) Gifts. A Commission member shall not accept a gift given by virtue of his or her membership on the Commission. (Added 2017, No. 79, § 7, eff. Jan. 1, 2018.)