[T]he Vermont House gave preliminary approval Monday to a bill that would establish a State Ethics Commission and code of conduct for certain state officials and employees.

The bill passed on a voice vote with a smattering of opposition.

Some members grumbled about a requirement that their spouse or domestic partner would have to disclose income of $5,000 or more. An attempt to strip that provision is expected Tuesday when the bill comes up for final House approval.

Maida Townsend
Rep. Maida Townsend, D-South Burlington, is chair of the House Government Operations Committee. Photo by Mark Johnson/VTDigger
If passed, the House bill will have to be reconciled with the version of S.8 passed earlier in the session by the Senate. They are largely similar except for several key differences: The Senate also requires spouses of candidates to also disclose income information, but the amount is $10,000. The Senate requires candidates to disclose their tax returns, the House does not. The House instead requires the sources โ€” but not the amount โ€” of income of $5,000 or more to be listed and ranked by amount for candidates and their spouses.

The two chambersโ€™ bills would establish a five-member State Ethics Commission with a part-time executive director that would essentially funnel ethics complaints to the appropriate investigatory body. The bill also sets up certain rules of conduct, including prohibiting candidates from taking contributions from people holding no-bid state contracts, and barring those contractors from making such contributions.

Under the terms of the bills, lawmakers would be restricted from becoming a lobbyist for one year after leaving office, as would certain high-level state employees.

Candidates for statewide office and for the Legislature would have to disclose financial information, business interests and associations when they file to run. The House extended that requirement to spouses and domestic partners, which proved controversial when the bill hit the floor Monday afternoon.

โ€œI hate to drag my spouse into my candidacy,โ€ said Rep. Butch Shaw, R-Pittsford, adding the measure gave him “a little heartburn.” Others said the spousal disclosure would provide one more reason not to run for office. Rep. Jean O’Sullivan, D-Burlington and Rep. Paul Poirier, I-Barre City, opposed the spousal disclosure requirement, which would also apply to high-ranking state employees.

Heidi Scheuermann
Rep. Heidi Scheuermann, R-Stowe. File photo by Roger Crowley/for VTDigger
Supporters, including Rep. Heidi Scheuermann, R-Stowe, said Vermonters should know if a spouse runs a major company, to help determine if a lawmaker has a conflict of interest when voting on a bill.

Like others, Scheuermann called the bill โ€œa good first stepโ€ that could be built upon later. Some, including Secretary of State Jim Condos, say the commission as proposed is too weak, primarily because it lacks any investigatory and enforcement powers.

The House and Senate have both approved about $100,000 a year for the commission. Both chambers have included a sunset provision, with the Senate giving the commission two years of funding and the House three.

Rep. Maida Townsend, D-South Burlington, chair of the House Government Operations Committee, tried to encourage fellow lawmakers to support the bill. She noted Hawaii set up the first state ethics commission in 1968 โ€” โ€œI reiterate, 1968,โ€ she said โ€” and that Vermont is one of fewer than five states with no ethics commission or ethical standards for government officials.

The House version would require cities and towns to adopt conflict-of-interest policies for employees and officials. Many who testified said the municipal level is where the largest complaints about ethical behavior occur.

Complaints filed to the State Ethics Commission would be kept confidential. The commission would receive a report back on what happened to the complaint after it was sent to an investigatory agency, such as the attorney general or the Vermont Bar Association. Each year the commission would send statistics to the Legislature on the number and nature of complaints it received.

Complaints about lawmakers would be sent to the ethics boards in each bodyโ€™s chamber.

Ben Kinsley, of Campaign for Vermont Prosperity, also called the bill โ€œa good first step.โ€ He said he and representatives of other advocacy groups would fight to keep in the income tax disclosure and spousal requirements when the bill goes to conference committee.

Twitter: @MarkJohnsonVTD. Mark Johnson is a senior editor and reporter for VTDigger. He covered crime and politics for the Burlington Free Press before a 25-year run as the host of the Mark Johnson Show...

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