reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 3 - Executive › Chapter 28 - Judiciary Employees Labor Relations Act › § 1014. Management rights

§ 1014. Management rights
(a) The employer shall be responsible for insuring consistency of the terms and conditions in various agreements throughout the Judiciary Department and shall not agree to any terms or conditions for which adequate funds are not available.
(b) Subject to rights guaranteed by this chapter and other applicable laws, nothing in this chapter shall be construed to interfere with the right of the employer to:
(1) carry out its statutory mandate and goals and to utilize personnel, methods and means in the most appropriate manner;
(2) take necessary action to carry out its mission in an emergency situation.
(c) The employer shall take any action necessary to implement and administer the provisions of a legally binding agreement between the employer and an employee organization.
(d) The Agency of Administration shall provide to the Supreme Court, on request, any information that it possesses or can reasonably produce that it uses to prepare for or conduct collective bargaining negotiations. The Agency shall also provide any services it provides to Executive and legislative agencies or departments related to the processing of the State’s payroll and the administration of benefits. In the event the bargaining agreement contains provisions that require the Agency of Administration or the Judiciary Department to expend more than what is typically budgeted for administration and maintenance of the payroll or benefit administration system, the Court Administrator shall request the funding at the time the agreement is submitted to the General Assembly for approval under subsection (c) of section 1036 of this title. (Added 1997, No. 92 (Adj. Sess.), § 9.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 28 - Judiciary Employees Labor Relations Act › § 1015. Designation of managerial, supervisory, and confidential employees

§ 1015. Designation of managerial, supervisory, and confidential employees
The employer shall determine the designation of employees as managerial, supervisory, or confidential. Any disputes arising from this determination shall be resolved by the Board. (Added 1997, No. 92 (Adj. Sess.), § 9.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 28 - Judiciary Employees Labor Relations Act › § 1016. Obligation to bargain

§ 1016. Obligation to bargain
The employer and representative of the employees shall bargain collectively, which for the purposes of this chapter means performing the mutual obligation to meet at reasonable times and confer in good faith with respect to all matters bargainable under the provisions of this chapter. The failure or refusal of either party to agree to a proposal; to change or withdraw a lawful proposal; or to make a concession shall not constitute, or be direct or indirect evidence of, a breach of this obligation. (Added 1997, No. 92 (Adj. Sess.), § 9.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 28 - Judiciary Employees Labor Relations Act › § 1020. Reports arbitration; costs

§ 1020. Reports arbitration; costs
(a) The results of all arbitration proceedings, recommendations, and awards conducted under this chapter shall be filed with the Board simultaneously with submission of the decisions to the parties.
(b) The costs of any mediation, fact-finding, or arbitration conducted pursuant to this chapter, including per diem expenses and actual and necessary costs for travel, subsistence, or hiring premises in which proceedings were conducted shall be shared equally by the parties. All other costs shall be paid by the party incurring them. (Added 1997, No. 92 (Adj. Sess.), § 9.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 28 - Judiciary Employees Labor Relations Act › § 1021. Unit determination; certification

§ 1021. Unit determination; certification
(a) The Board shall determine issues of unit determination, certification, and representation in accordance with this chapter and the provisions of section 941 of this title. The Board shall decide the appropriate unit for collective bargaining in each case and the employees to be included in that unit to assure the employees the fullest freedom in exercising the rights guaranteed by this chapter.
(b) In determining whether a unit is appropriate, the extent to which the employees have organized is not controlling. The Board shall not recognize a unit if, after investigation and hearing, the Board determines that the employees do not constitute a unit appropriate for collective bargaining or if recognition of that unit will result in over-fragmentation of collective bargaining units.
(c) If an interested person files with the Board a charge alleging that employees eligible to vote in an election under this chapter were coerced or restrained in the exercise of that right, the Board shall investigate and conduct hearings into the validity of the charge. If the Board concludes that employees were coerced or restrained, the Board may set aside the election and order another election pursuant to this chapter. (Added 1997, No. 92 (Adj. Sess.), § 9.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 28 - Judiciary Employees Labor Relations Act › § 1022. Access to new employees in bargaining unit

§ 1022. Access to new employees in bargaining unit
(a) An employer shall provide the employee organization that is the exclusive representative of the employees in a bargaining unit with an opportunity to meet with each newly hired employee in the bargaining unit to present information about the employee organization.
(b)(1) The meeting shall occur during the new employee’s orientation or, if the employer does not conduct an orientation for newly hired employees, within 30 calendar days from the date on which the employee was hired.
(2) If the meeting is not held during the new employee’s orientation, it shall be held during the new employee’s regular work hours and at his or her regular worksite or a location mutually agreed to by the employer and the employee organization.
(3) The employee organization shall be permitted to meet with the employee for not less than 60 minutes.
(4) The employee shall be paid for attending the meeting at his or her regular rate of pay.
(c)(1) Within 10 calendar days after hiring a new employee in a bargaining unit, the employer shall provide the employee organization with his or her name, job title, worksite location, work telephone number and e-mail address, home address, personal e-mail address, home and personal cellular telephone numbers, and date of hire to the extent that the employer is in possession of such information.
(2) The employee’s home address, personal e-mail address, and home and personal cellular telephone numbers shall be kept confidential by the employer and the employee organization and shall be exempt from copying and inspection under the Public Records Act.
(d) The employer shall provide the employee organization with not less than 10 calendar days’ notice of an orientation for newly hired employees in a bargaining unit. (Added 2019, No. 180 (Adj. Sess.), § 11, eff. Jan. 1, 2021.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 28 - Judiciary Employees Labor Relations Act › § 1023. Annual list of employees in bargaining unit

§ 1023. Annual list of employees in bargaining unit
(a) Annually, or on a more frequent basis if mutually agreed to by the employer and the employee organization, the employer shall provide the employee organization that is the exclusive representative of a bargaining unit with a list of all employees in that bargaining unit.
(b) The list shall include, as appropriate, each employee’s name, work location, job classification, and contact information. As used in this section, “contact information” includes an employee’s home address, personal e-mail address, and home and personal cellular telephone numbers to the extent that the employer is in possession of such information.
(c) To the extent possible, the list shall be in alphabetical order by last name and provided in electronic format.
(d) The list shall be kept confidential by the employer and the employee organization and shall be exempt from copying and inspection under the Public Records Act. (Added 2019, No. 180 (Adj. Sess.), § 15, eff. Jan. 1, 2021.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 28 - Judiciary Employees Labor Relations Act › § 1026. Employers

§ 1026. Employers
It shall be an unfair labor practice for an employer:
(1) to interfere with, restrain, or coerce employees in the exercise of rights guaranteed by section 1012 of this title or by any other law;
(2) to dominate or interfere with the formation or administration of an employee organization or contribute financial or other support to it. However, an employer may confer with employees during working hours without loss of time or pay;
(3) to discriminate in hiring or tenure of employment or in regard to any term or condition of employment to encourage or discourage membership in any employee organization;
(4) to discharge or otherwise discriminate against an employee because the employee filed a charge or complaint or gave testimony under this chapter;
(5) to refuse to bargain collectively with a representative of its employees;
(6) to discriminate against an employee on account of race, color, creed, sex, sexual orientation, gender identity, national origin, age, religion, or disability;
(7) to request or require an applicant, prospective employee, or employee to have an HIV-related blood test as a condition of employment;
(8) to discriminate against an applicant, prospective employee, or employee on the basis of a person’s having a positive test result from an HIV-related blood test. (Added 1997, No. 92 (Adj. Sess.), § 9; amended 2007, No. 41, § 6.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 28 - Judiciary Employees Labor Relations Act › § 1028. Membership; employee rights

§ 1028. Membership; employee rights
An employee organization entering into an agreement shall not:
(1) discriminate against a member or applicant for membership on account of race, color, creed, sex, sexual orientation, gender identity, national origin, age, religion, or disability;
(2) penalize a member for exercising a right guaranteed by the Constitution or laws of the United States or the State of Vermont. (Added 1997, No. 92 (Adj. Sess.), § 9; amended 2007, No. 41, § 7.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 28 - Judiciary Employees Labor Relations Act › § 1029. Business and products of other employers

§ 1029. Business and products of other employers
It shall be an unfair labor practice for any employee organization and any employer to enter into any contract or agreement, express or implied, whereby the employer ceases or refrains or agrees to cease or refrain from handling, using, selling, transporting, or otherwise dealing in the products of any other person, or to cease doing business with any other person, and any contract or agreement entered into before or after enactment of this chapter containing such an agreement shall be to that extent unenforceable and void. (Added 1997, No. 92 (Adj. Sess.), § 9.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 28 - Judiciary Employees Labor Relations Act › § 1030. Prevention of unfair practices

§ 1030. Prevention of unfair practices
(a) The Board may prevent any person from engaging in any unfair labor practice prohibited under this chapter. Whenever a charge is made that any person has engaged in or is engaging in any unfair labor practice, the Board may issue and cause to be served upon that person a complaint stating the charges and containing a notice of hearing before the Board at a place and time that is at least seven days after the complaint is served. No complaint shall issue based on any unfair labor practice occurring more than six months prior to the filing of the charge with the Board and service of a copy on the person against whom the charge is made, unless the person aggrieved was prevented from filing the charge by reason of service in the U.S. Armed Forces, in which event the six-month period shall be computed from the day of discharge.
(b) The person complained against may file an answer to the complaint and appear and present evidence. The Board may permit any other person to intervene and present evidence in the matter. A proceeding under this section shall, so far as practicable, be conducted in accordance with Rules of Evidence. The Board shall make a transcript of the hearing in the event the decision of the Board is appealed.
(c) The Board may administer oaths, take testimony, subpoena witnesses, and demand production of documents. Officers who serve subpoenas issued by the Board and witnesses attending hearings shall be paid fees and compensation on vouchers of the Board at the same rates as officers and witnesses in causes before a Criminal Division of the Superior Court.
(d) If the Board finds, based on a preponderance of the evidence, that any person named in the complaint has engaged in or is engaging in any unfair labor practice, the Board shall issue an order and findings of fact, and cause to be served on that person an order requiring the person to cease and desist from the unfair labor practice and the Board shall take such affirmative action necessary to carry out the policies of this chapter. If the Board does not find that the person has engaged in any unfair labor practice, the Board shall issue written findings of fact and dismiss the complaint.
(e) In determining whether a complaint shall issue alleging a violation of subdivision 1026(1) or (2) of this title, and in deciding those cases, the same rules of the Board shall apply whether or not an employee organization is affiliated with a national or international employee organization.
(f) The Board shall not order reinstatement of any individual who has been suspended or discharged or award any back pay, if the individual was suspended or discharged for cause. (Added 1997, No. 92 (Adj. Sess.), § 9; amended 2009, No. 154 (Adj. Sess.), § 238.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 28 - Judiciary Employees Labor Relations Act › § 1031. Freedom of expression

§ 1031. Freedom of expression
The expression of any views, argument, or opinion, or the dissemination of such an expression, in any form, shall not constitute or be evidence of an unfair labor practice under this chapter, provided the expression contains no threat of reprisal or force or promise of benefit. (Added 1997, No. 92 (Adj. Sess.), § 9.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 28 - Judiciary Employees Labor Relations Act › § 1036. Agreements; limitations, renegotiation, and renewal

§ 1036. Agreements; limitations, renegotiation, and renewal
(a) A collective bargaining agreement shall be for a maximum term of two years. The agreement may not be canceled, supplemented, or renegotiated during the term of the agreement, unless both parties consent in writing and file the written consent with the Board.
(b) Nothing in this chapter shall be construed to require either party during collective bargaining to accede to any proposal or proposals of the other party.
(c) An agreement between the employer and the employees’ exclusive bargaining representative, after ratification or an agreement imposed on the parties pursuant to section 1018 or 1019 of this title shall be submitted to the Court Administrator who shall request sufficient funds from the General Assembly to implement the agreement. If the General Assembly appropriates sufficient funds, the agreement shall become effective at the beginning of the next fiscal year. If the General Assembly appropriates a different amount of funds, the terms of the agreement affected by that appropriation shall be renegotiated based on the amount of funds actually appropriated by the General Assembly, and the agreement with the negotiated changes shall become effective at the beginning of the next fiscal year.
(d) No portion of any agreement shall become effective separately except with mutual consent of both parties.
(e) An agreement shall terminate at the expiration of its specified term. Upon request of either party, negotiations for a new agreement to take effect upon the expiration of the preceding agreement shall be commenced at any time during the year preceding the expiration date of the agreement. Negotiation may be commenced at any time before that time with the consent of both parties.
(f) In the event the employer and the employees’ exclusive bargaining representative are unable to arrive at an agreement and there is no existing agreement in effect, the Court Administrator, with the approval of the Supreme Court may make temporary rules necessary to ensure the uninterrupted and efficient conduct of judicial business. The rules shall terminate and have no further force and effect after an agreement is reached, except for rights that arose under those rules. (Added 1997, No. 92 (Adj. Sess.), § 9.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 28 - Judiciary Employees Labor Relations Act › § 1041. Grievances; applicants and excluded personnel

§ 1041. Grievances; applicants and excluded personnel
(a) An applicant for employment in a position included in the bargaining unit and employees who are in the initial or extended probationary period may appeal to the Board if they believe they were discriminated against on account of race, color, creed, sex, sexual orientation, gender identity, age, national origin, religion, or disability.
(b) Grievance rights and personnel rules for permanent employees who are not included in bargaining units shall be established and governed by the Judiciary Department personnel policies as adopted under Administrative Order No. 3 of the Supreme Court.
(c) Any dispute concerning the amount of a collective bargaining service fee may be grieved to the Board in accordance with the rules of the Board. (Added 1997, No. 92 (Adj. Sess.), § 9; amended 2007, No. 41, § 8.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 28 - Judiciary Employees Labor Relations Act › § 1042. Enforcement

§ 1042. Enforcement
(a) Orders of the Board issued under this chapter may be enforced by any party or by the Board by filing a petition with the Washington Superior Court or the Superior Court in the county in which the action before the Board originated. The petition shall be served on the adverse party pursuant to the Vermont Rules of Civil Procedure. If, after hearing, the court determines that the Board had jurisdiction over the matter and that a timely appeal was not filed, or that an appeal was timely filed and a stay of the Board order or any part of it was not granted, or that a Board order was affirmed on appeal in pertinent part by the Supreme Court, the court shall incorporate the order of the Board as a judgment of the court. There is no appeal from that judgment except that a judgment reversing a Board decision on jurisdictional grounds may be appealed to the Supreme Court.
(b) Upon filing of a petition by a party or the Board, the court may grant temporary relief that the court deems proper pending formal hearing.
(c) Orders and decisions of the Board shall apply only to the particular case under appeal, but appeals presenting similar issues may be consolidated for hearing with the consent of the Board. All employees who are aggrieved by the same action of the employer may join in an appeal with the consent of the Board. The Board shall not modify, add to, or detract from a collective bargaining agreement by any order or decision.
(d) An arbitration award issued pursuant to this chapter, including grievance arbitration and labor interest arbitration awards, may be enforced by any party by filing a petition with the Washington Superior Court or the Superior Court in the county in which the action originated. The petition shall be served on the adverse party pursuant to the Vermont Rules of Civil Procedure. If, after hearing, the court determines that the arbitrator had jurisdiction over the matter and that an application for modification or petition to vacate an award was not filed, the court shall incorporate the order of the Board as a judgment of the court. There is no appeal from that judgment except that a judgment reversing an arbitration award on jurisdictional grounds may be appealed to the Supreme Court. (Added 1997, No. 92 (Adj. Sess.), § 9.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 28 - Judiciary Employees Labor Relations Act › § 1043. Judicial review; stay pending appeal

§ 1043. Judicial review; stay pending appeal
(a) Any person aggrieved by an order or decision of the Board issued under this chapter, except a decision and order made pursuant to subsection 1018(i) of this title, may appeal questions of law to the Supreme Court.
(b) An order of the Board shall not automatically be stayed pending appeal. Upon request, the Board may stay the order or any part of it. If the Board denies a stay, a stay may be requested from the Supreme Court. The Supreme Court or a single justice may stay the order or any part of it and may order additional interim relief. (Added 1997, No. 92 (Adj. Sess.), § 9.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 28 - Judiciary Employees Labor Relations Act › § 1044. Contract ratification; annual vote

§ 1044. Contract ratification; annual vote
Annually, the employees of the bargaining unit shall meet and discuss whether employees who have chosen not to join the employee organization shall be allowed to vote on the ratification of any collective bargaining agreement entered into pursuant to this chapter. After discussion, employees that are members of the employee organization shall vote on whether to allow employees who have chosen not to join the employee organization to vote on the ratification of any collective bargaining agreement. (Added 2013, No. 37, § 9a.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 29 - Claims Against State Employees › § 1101. Obligation of State to defend employees; definition

§ 1101. Obligation of State to defend employees; definition
(a) In any civil action against a State employee for alleged damage, injury, loss, or deprivation of rights arising from an act or omission to act in the performance of the employee’s official duties, it shall be the obligation of the State to defend the action on behalf of the employee and to provide legal representation for that purpose at State expense, except to the extent that such representation is provided by an insurance carrier, or except in an action resulting from the service of civil process.
(b) As used in this chapter, “State employee” includes any elective or appointive officer or employee within the Legislative, Executive, or Judicial Branch of State Government or any former such employee or officer. The term includes:
(1) sheriffs and State’s Attorneys and their deputies and former sheriffs and State’s Attorneys and their deputies;
(2) guardians ad litem;
(3) any member of the National Guard ordered into State service pursuant to 20 V.S.A. §§ 366, 601, and 602 or section 163 or 164 of this title;
(4) any person who volunteers for a State agency by providing services at the request of that agency and under the direction and control of that agency, but who does not receive hourly or salary compensation;
(5) any person performing juvenile or adult diversion services under section 163 or 164 of this title;
(6) persons appointed to or employed by the Council of Regional Commissions;
(7) any person who volunteers for a State court by providing services at the request of that court and under the direction of that court, but who does not receive hourly or salary compensation;
(8) any representative or paid employee of the Vermont Higher Education Council while acting as the Vermont State postsecondary review entity in fulfillment of the requirements of the federal Reauthorization of Higher Education Act (P.L. 102-235 as amended);
(9) staff employed by the Center for Crime Victim Services and victim advocates;
(10) administrative reviewers whose services are contracted by the State pursuant to 33 V.S.A. § 4916a(f). (Added 1971, No. 190 (Adj. Sess.), § 1, eff. March 30, 1972; amended 1973, No. 223 (Adj. Sess.), § 15, eff. April 4, 1974; 1977, No. 233 (Adj. Sess.), § 1, eff. April 17, 1978; 1987, No. 222 (Adj. Sess.), § 4; 1989, No. 101, § 1; 1989, No. 114, § 6, eff. June 20, 1989; 1993, No. 5, § 1; 1993, No. 144 (Adj. Sess.), § 2; 1999, No. 62, § 272d; 1999, No. 138 (Adj. Sess.), § 4; 2015, No. 97 (Adj. Sess.), § 73; 2018, No. 11 (Sp. Sess.), § E.316.1.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 29 - Claims Against State Employees › § 1102. Representation of employee: determination by Attorney General

§ 1102. Representation of employee: determination by Attorney General
(a) A State employee against whom a civil action is brought for an alleged act or omission which the employee believes to have arisen within the scope of his or her official duties shall notify the Attorney General of the action. Unless full legal representation of the employee’s interest is provided under a contract of insurance, the Attorney General shall conduct an investigation and shall determine whether the alleged act or omission occurred within the scope of the employee’s official duties.
(b) If the Attorney General determines that the alleged act or omission occurred within the scope of the employee’s official duties, he or she shall defend the action on behalf of the employee, except as provided in subsection (e) of this section.
(c) If the Attorney General finds that the alleged act or omission did not occur within the scope of the employee’s official duties, he or she shall so notify the employee in writing. The employee may appeal the determination of the Attorney General to the State Labor Relations Board in accordance with the rules of the Board, and the decision of the State Labor Relations Board shall be final.
(d) During the period of investigation set forth in subsection (a) of this section or an appeal as set forth in subsection (c) of this section, the Attorney General shall take all reasonable steps to protect the interests of the employee.
(e) In any case in which the State is obligated to provide legal representation for a State employee under this chapter, if the Attorney General finds that he or she cannot adequately represent the interest of the employee, he or she shall authorize the employee to retain legal counsel at State expense. The terms under which private counsel is retained for a State employee at State expense under this section must be approved by the Attorney General. (Added 1971, No. 190 (Adj. Sess.), § 1, eff. March 30, 1972; amended 1977, No. 233 (Adj. Sess.), § 2, eff. April 17, 1978.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 29 - Claims Against State Employees › § 1104. Criminal actions

§ 1104. Criminal actions
(a) Except as provided in subsection (c) of this section, in any criminal action brought against a State employee, the Defender General shall defend the State employee if the employee requests defense and if the Defender General finds that:
(1) The action does not constitute a motor vehicle violation.
(2) The action is brought on account of an act or omission within the scope of the employee’s official duties as a State employee. The State shall not otherwise be obligated to defend the employee.
(b) If the Defender General finds that he or she cannot adequately represent the employee, the Defender General shall authorize the employee to retain legal counsel at State expense. The terms under which private counsel is retained for a State employee at State expense under this section shall be the same as those governing assigned counsel under 13 V.S.A. § 5272 and rules of the Supreme Court promulgated with respect thereto.
(c) Notwithstanding any other provision of this section, if a criminal action is brought against an employee of the Department of Corrections, the findings required to be made under subsection (a) of this section shall be made by the Commissioner of the Department of Human Resources. If the Commissioner finds that the employee of the Department of Corrections is entitled to a defense, the employee shall have the choice of representation by the Defender General or counsel retained under the terms of subsection (b) of this section. (Added 1977, No. 233 (Adj. Sess.), § 4, eff. April 17, 1978; amended 2003, No. 156 (Adj. Sess.), § 15.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 31 - Governmental Ethics › § 1201. Definitions

§ 1201. Definitions
As used in this chapter:
(1) “Candidate” and “candidate’s committee” have the same meanings as in 17 V.S.A. § 2901.
(2) “Commission” means the State Ethics Commission established under subchapter 3 of this chapter.
(3) “Confidential information” means information that is exempt from public inspection and copying under 1 V.S.A. § 315 et seq. or is otherwise designated by law as confidential.
(4) “Domestic partner” means an individual in an enduring domestic relationship of a spousal nature with the Executive officer or the public servant, provided the individual and Executive officer or public servant:
(A) have shared a residence for at least six consecutive months;
(B) are at least 18 years of age;
(C) are not married to or considered a domestic partner of another individual;
(D) are not related by blood closer than would bar marriage under State law; and
(E) have agreed between themselves to be responsible for each other’s welfare.
(5) “Executive officer” means:
(A) a State officer; or
(B) under the Office of the Governor, an agency secretary or deputy or a department commissioner or deputy.
(6) “Governmental conduct regulated by law” means conduct by an individual in regard to the operation of State government that is restricted or prohibited by law and includes:
(A) bribery pursuant to 13 V.S.A. § 1102;
(B) neglect of duty by public officers pursuant to 13 V.S.A. § 3006 and by members of boards and commissions pursuant to 13 V.S.A. § 3007;
(C) taking illegal fees pursuant to 13 V.S.A. § 3010;
(D) false claims against government pursuant to 13 V.S.A. § 3016;
(E) owning or being financially interested in an entity subject to a department’s supervision pursuant to section 204 of this title;
(F) failing to devote time to duties of office pursuant to section 205 of this title;
(G) engaging in retaliatory action due to a State employee’s involvement in a protected activity pursuant to chapter 27, subchapter 4A of this title;
(H) a former legislator or former Executive officer serving as a lobbyist pursuant to 2 V.S.A. § 266(b); and
(I) a former Executive officer serving as an advocate pursuant to section 267 of this title.
(7) “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.
(8) “Lobbyist” and “lobbying firm” have the same meanings as in 2 V.S.A. § 261.
(9) “Person” means any individual, group, business entity, association, or organization.
(10) “Political committee” and “political party” have the same meanings as in 17 V.S.A. § 2901.
(11) “State officer” means the Governor, Lieutenant Governor, Treasurer, Secretary of State, Auditor of Accounts, or Attorney General. (Added 2017, No. 79, § 7, eff. Jan. 1, 2018; amended 2021, No. 102 (Adj. Sess.), § 1, eff. July 1, 2022.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 31 - Governmental Ethics › § 1202. State Code of Ethics; applicability

§ 1202. State Code of Ethics; applicability
(a) Unless excluded under this section, the Code of Ethics applies to all individuals elected or appointed to serve as officers of the State, all individuals elected or appointed to serve as members of the General Assembly, all State employees, all individuals appointed to serve on State boards and commissions, and individuals who in any other way are authorized to act or speak on behalf of the State. This code refers to them all as “public servants.”
(b) The Code of Ethics established by this section does not prohibit branches of State government, agencies, or departments from adopting additional personnel policies regarding ethical conduct not covered by this Code of Ethics or provisions that exceed the requirements of this Code of Ethics. Nothing herein shall be interpreted to require a lawyer or judicial officer to violate their respective professional codes of conduct.
(c) The application of this Code of Ethics does not in any way abrogate or alter the sole authority of each house of the General Assembly to judge the elections and qualifications of its own members under Chapter II, Sections 14 and 19 of the Vermont Constitution.
(d) The application of this Code of Ethics does not in any way abrogate or alter the Vermont Supreme Court’s constitutional authority under Chapter II, § 30 of the Vermont Constitution. (Added 2017, No. 79, § 7, eff. Jan. 1, 2018; amended 2021, No. 102 (Adj. Sess.), § 1, eff. July 1, 2022; 2023, No. 6, § 4, eff. July 1, 2023.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 31 - Governmental Ethics › § 1203a. Directing unethical conduct

§ 1203a. Directing unethical conduct
A public servant shall not direct another person to act in a manner that would be unethical for the public servant or the other person to act. A public servant who has a conflict of interest shall not direct others to act to the public servant’s benefit where such action would be a violation of the Code of Ethics if the public servant were to perform the act. (Added 2021, No. 102 (Adj. Sess.), § 1, eff. July 1, 2022.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 31 - Governmental Ethics › § 1203b. Appearance of unethical conduct

§ 1203b. Appearance of unethical conduct
A public servant shall avoid any actions creating the appearance that the public servant is violating the Code of Ethics. Whether particular circumstances create an appearance that the Code of Ethics have been violated shall be determined from the perspective of a reasonable individual with knowledge of the relevant facts. (Added 2021, No. 102 (Adj. Sess.), § 1, eff. July 1, 2022.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 31 - Governmental Ethics › § 1203c. Preferential treatment

§ 1203c. Preferential treatment
A public servant in the course of conducting State business shall act impartially, showing no favor toward or prejudice against any person. A public servant shall not give or represent an ability to give preference or special treatment to any person because of the person’s wealth, position, or status or because of any personal relationship with the public servant. When permitted by law and written policy or rule, a public servant may give preference to designated persons. (Added 2021, No. 102 (Adj. Sess.), § 1, eff. July 1, 2022.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 31 - Governmental Ethics › § 1203e. Misuse of information

§ 1203e. Misuse of information
A public servant shall not use nonpublic government information or confidential information acquired during the course of State service for personal or financial gain or for the personal or financial gain of any other person. (Added 2021, No. 102 (Adj. Sess.), § 1, eff. July 1, 2022.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 31 - Governmental Ethics › § 1203f. Misuse of government resources

§ 1203f. Misuse of government resources
A public servant shall not make use of State materials, funds, property, personnel, facilities, or equipment, or permit another person to do so, for any purpose other than for official State business unless the use is expressly permitted or required by law or by a written agency, departmental, or institutional policy or rule. A public servant shall not engage in or direct another person to engage in work other than the performance of official duties during working hours, except as permitted or required by law or by written agency, departmental, or institutional policy or rule. (Added 2021, No. 102 (Adj. Sess.), § 1, eff. July 1, 2022.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 31 - Governmental Ethics › § 1203h. Unauthorized commitments

§ 1203h. Unauthorized commitments
A public servant shall not make unauthorized commitments or promises of any kind purporting to bind State government. (Added 2021, No. 102 (Adj. Sess.), § 1, eff. July 1, 2022.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 31 - Governmental Ethics › § 1203i. Employment restrictions

§ 1203i. Employment restrictions
(a) Outside employment. A public servant shall not seek or engage in outside employment or activities that are inconsistent, incompatible, or in conflict with the public servant’s official duties.
(b) Post-government employment.
(1) Executive officers. Executive officers shall comply with the post- government employment restrictions prescribed in section 267 of this title and 2 V.S.A. § 266(b) and (c).
(2) Legislators. Legislators shall comply with the post-government employment restrictions prescribed in 2 V.S.A. § 266(b).
(3) Legislative Branch employees. Except as permitted in subdivision (4) of this subsection, for one year after leaving office, a former Legislative Branch employee may not, for compensation, appear before the General Assembly or its subparts, or the office in which the employee served in at the time of leaving service, to advocate for anyone other than the State, concerning any matter in which the State has a direct and substantial interest.
(4) Contracting exception. The limitations in subdivisions (1) through (3) of this subsection do not apply to individuals providing information or services to the State pursuant to contracts of the State unless the public servant is otherwise prohibited from doing so by State or federal law.
(5) Representation restrictions. After leaving State service or employment, a public servant shall not knowingly, with the intent to advocate for an outcome of an investigation, application, ruling, license, contract, claim, rulemaking, charge, arrest, or quasi-judicial or judicial proceeding, communicate with or appear before the State on matters involving specific parties in which the employee participated personally and substantially during government service and in which the State is a party or has a direct and substantial interest. (Added 2021, No. 102 (Adj. Sess.), § 1, eff. July 1, 2022.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 31 - Governmental Ethics › § 1203j. Compliance with laws, rules, and policies

§ 1203j. Compliance with laws, rules, and policies
A public servant shall comply with applicable State and federal laws and regulations, including anti-discrimination and equal opportunity laws, and comply with applicable governmental codes of conduct. A public servant shall comply with any other applicable rules or policies established by executive order, agency rule, or policy. (Added 2021, No. 102 (Adj. Sess.), § 1, eff. July 1, 2022.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 31 - Governmental Ethics › § 1204. Whistleblower protections for ethics complaints

§ 1204. Whistleblower protections for ethics complaints
Consistent with sections 971–978 of this title, a public servant shall be free to disclose waste, fraud, abuse of authority, violations of law, or violations of this or other applicable codes regarding ethical conduct to the State Ethics Commission without fear of reprisal, intimidation, or retaliation. (Added 2021, No. 102 (Adj. Sess.), § 1, eff. July 1, 2022.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 31 - Governmental Ethics › § 1205. Mandatory code of ethics education and training

§ 1205. Mandatory code of ethics education and training
Within the first 120 days of public service, a public servant shall engage in State Code of Ethics training, which may be in person or online. Completion of State Code of Ethics training shall be documented by the department where the public servant is employed. A public servant shall participate in continuing State Code of Ethics education, which may be in person or online, at least once every three years thereafter. Approved continuing State Code of Ethics education providers are the State Ethics Commission, the Department of Human Resources – Center for Achievement in Public Service (CAPS), the Vermont House of Representatives Ethics Panel for the House of Representatives, the Vermont Senate Ethics Panel for the Senate, the Vermont Supreme Court and the Court Administrator’s Office for the Vermont Judiciary, and any education providers approved by the State Ethics Commission. Copies of State Code of Ethics training materials by ethics education providers shall be provided to the State Ethics Commission in advance of the training. On request, the State Ethics Commission may collaborate with or assist State Code of Ethics education providers. (Added 2021, No. 102 (Adj. Sess.), § 1, eff. July 1, 2022.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 31 - Governmental Ethics › § 1211. Executive officers; annual disclosure

§ 1211. Executive officers; annual disclosure
(a) Annually, each Executive officer shall file with the State Ethics Commission a disclosure form that contains the following information in regard to the previous 12 months:
(1) Each source, but not amount, of personal income of the officer and of his or her spouse or domestic partner, and of the officer together with his or her spouse or domestic partner, that totals more than $5,000.00, including any of the sources meeting that total described as follows:
(A) employment, including the employer or business name and address and, if self-employed, a description of the nature of the self-employment without needing to disclose any individual clients; and
(B) investments, described generally as “investment income.”
(2) Any board, commission, or other entity that is regulated by law or that receives funding from the State on which the officer served and the officer’s position on that entity.
(3) Any company of which the officer or his or her spouse or domestic partner, or the officer together with his or her spouse or domestic partner, owned more than 10 percent.
(4) Any lease or contract with the State held or entered into by:
(A) the officer or his or her spouse or domestic partner; or
(B) a company of which the officer or his or her spouse or domestic partner, or the officer together with his or her spouse or domestic partner, owned more than 10 percent.
(b) In addition, if an Executive officer’s spouse or domestic partner is a lobbyist, the officer shall disclose that fact and provide the name of his or her spouse or domestic partner and, if applicable, the name of his or her lobbying firm.
(c)(1) Disclosure forms shall contain the statement, “I certify that the information provided on all pages of this disclosure form is true to the best of my knowledge, information, and belief.”
(2) Each Executive officer shall sign his or her disclosure form in order to certify it in accordance with this subsection.
(d)(1) An officer shall file his or her disclosure on or before January 15 of each year or, if he or she is appointed after January 15, within 10 days after that appointment.
(2) An officer who filed this disclosure form as a candidate in accordance with 17 V.S.A. § 2414 in the preceding year and whose disclosure information has not changed since that filing may update that filing to indicate that there has been no change.
(e) [Repealed.] (Added 2017, No. 79, § 7, eff. Jan. 1, 2018; amended 2021, No. 44, § 1, eff. June 1, 2021; 2021, No. 102 (Adj. Sess.), § 2, eff. July 1, 2022.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 31 - Governmental Ethics › § 1212. Commission members and Executive Director; annual disclosure

§ 1212. Commission members and Executive Director; annual disclosure
(a) Annually, each member of the Commission and the Executive Director of the Commission shall file with the Executive Director a disclosure form that meets the requirements of and contains the information that Executive officers are required to disclose under section 1211 of this subchapter.
(b) A member and the Executive Director shall file their disclosures on or before January 15 of each year or, if the member or Executive Director is appointed after January 15, within 10 days after that appointment. (Added 2017, No. 79, § 7, eff. Jan. 1, 2018; amended 2021, No. 44, § 1, eff. June 1, 2021.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 31 - Governmental Ethics › § 1213. Disclosures; generally

§ 1213. Disclosures; generally
(a) The Executive Director of the Commission shall prepare on behalf of the Commission any disclosure form required to be filed with it and the candidate disclosure form described in 17 V.S.A. § 2414 and shall make forms to be filed with the Commission available on the Commission’s website.
(b) The Executive Director shall post on the Commission’s website a copy of any disclosure form the Commission receives. (Added 2017, No. 79, § 7, eff. Jan. 1, 2018; amended 2021, No. 44, § 1, eff. June 1, 2021.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 31 - Governmental Ethics › § 1222. Commission member duties and prohibited conduct

§ 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.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 31 - Governmental Ethics › § 1224. Commission ethics training

§ 1224. Commission ethics training
At least annually, in collaboration with the Department of Human Resources, the Commission shall make available to legislators, State officers, and State employees training on issues related to governmental ethics. The training shall include topics related to those covered in any guidance provided or advisory opinion issued under section 1225 of this subchapter. (Added 2017, No. 79, § 7, eff. Jan. 1, 2018; amended 2021, No. 44, § 1, eff. June 1, 2021.)