House Speaker Shap Smith. VTD/Josh Larkin
House Speaker Shap Smith. File photo by Josh Larkin/VTDigger

Representatives of the Republican and Democratic caucuses in the Vermont House have agreed to a resolution that will require members of the House to disclose their place of employment and information about service on boards and commissions.

The resolution also creates an ethics panel that would consist of five lawmakers, three members from the majority party and two from the minority parties.

The ethics panel will have the authority to provide training on ethical conduct, including compliance with Rule 75, which says that “members shall not be permitted upon any question on which they are immediately and directly interested.” The panel would investigate complaints and could recommend disciplinary actions against a member if necessary. Though House Rule 75, addresses conflict of interest broadly, lawmakers say they want more guidance on the matter.

The House Rules Committee will select members for the panel immediately, so that the panel can further develop the disclosure rules and prepare to train lawmakers on conflict of interest issues.

H.R. 24 is on the House calendar for Thursday.

Once a year, on or before Dec. 31, the panel is to issue a report of the number of complaints filed, the disposition of complaints and the number of requests for ethical advice.

House Speaker Shap Smith has worked with a small multi-partisan group since the beginning of the year to create a framework for the new ethics rules. The Senate has not considered adopting ethics rules. Smith has said the prospects of getting ethics statutes for lawmakers and statewide officeholders through both chambers was slim, and so he opted to go through the House rules process instead.

Smith said he hopes the disclosure requirements “will give Vermonters confidence that their legislators have the highest ethical standards.”

“I’m pleased that the subcommittee led by Rep. Donna Sweaney has been able to put together strong disclosure requirements and mechanisms for determining if someone has a Rule 75 conflict,” Smith said. “I look forward to working with the Rules Committee to empanel the ethics panel so they can work to adopt rules for the next legislative session.”

Rep. Don Turner, R-Milton, the Republican minority leader, said he is supportive of the disclosure rules and the creation of the panel. He said members need guidance on what might be considered a conflict of interest.

Vermont is one of three states that does not have an employer disclosure requirement for all lawmakers and statewide officeholders. Many states have ethics panels.

In early January, just before the beginning of the legislative session, Bruce Lisman, the head of Campaign for Vermont, a right-of-center policy group, held a press conference in Montpelier with several prominent businessmen, including David Coates and Bill Schubart, and Allen Gilbert of the Vermont ACLU, urging lawmakers to adopt new ethics rules and create a panel.

Lisman wanted the Legislature to adopt financial disclosure requirements for statewide officeholders, conflict of interest declaration statements, revolving door regulations and a prohibition on nepotism. He also suggested that the Legislature create a quasi-judicial independent ethics commission that would review breaches of ethical behavior.

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