The Vermont State Ethics Commission will be seeking to expand its power to include the authority to investigate complaints.
The commission, which started last year, refers complaints to other agencies including the Attorney General’s Office and state Human Resources Department, but was established with no power to conduct investigations. In addition to referrals, the commission collects data and compiles an annual report for the Legislature.
It can also issue advisory opinions, as it did last year, contending Gov. Phil Scott has a conflict of interest because of a financial stake in a construction company that does business with the state. The governor disputed the opinion as political.
The commission is seeking statutory authority to hire a full-time examiner and add another part-time position to follow up on complaints. Currently the only staff member is a part-time executive director. The chair of the volunteer five-member commission, Madeline Motta, estimated the examiner would cost $40,000 to 50,000 a year. Commissioners had done much of the work last year on their own time, including compiling the annual report, Motta said.
In December, the commission hired a new executive director, Larry Novins, a professor at Vermont Law School since 2002, who has served as legal counsel for the Office of Professional Regulation for 14 years. Novins took over for Brian Leven, the first executive director, who left amid controversy.
Motta told the Senate Government Operations Committee on Thursday the commission should have broader powers, including investigating campaign finance complaints, which she said many other state ethics commissions do and are currently reviewed by the Vermont Attorney General’s Office. Motta said many complaints the commission received in the past 12 months involved campaign-related questions as well ethical questions about municipal officials, which the commission does not have jurisdiction over, only state office holders and some high-ranking state employees. Lawmakers have their own ethics panels in each chamber.
Investigating campaign finance complaints is the “bread and butter” of many other state commission, Motta said.
In the first report to the Legislature, the commission reported that it had received 36 complaints, 18 regarding “the same legislative issue,” which was not defined. The report had only broad categories and did not include specifics about the complaints.
Novins called the first year’s effort “heroic” and Motta said the commission was the “Little Ethics Commission that Could,” referring to a popular children’s book.
“We had nothing really. We had an empty room to start with,” Motta said.
Sen. Anthony Pollina, P/D-Washington, an original supporter, spoke in support of expanding the commission’s power. His original proposal several years ago included investigatory powers, but the proposal was “watered down” with some lawmakers believing there was no need for an ethics commission.
Much of the discussion in committee Thursday involved the advisory opinion about Scott and whether it had been handled correctly by the commission. The advisory opinion was requested by the Vermont Public Interest Research Group. Lawmakers questioned Motta why Scott was named and whether outside groups should have the authority to request an advisory opinion.
No action was taken, but Sen. Jeanette White, D-Windham, the committee chair said several questions about the commission’s power and role would be clarified during the session.
