A bill creating a state ethics code binding all three branches is moving forward after all.
Despite earlier concerns from advocates that lawmakers would revise the legislation to death, the Senate Government Operations Committee voted 5-0 on Wednesday to endorse its latest draft of S.171 and send it to the floor.
Vermont is one of only five states without an ethics code. It created its first-ever ethics commission in 2017 after years of pressure from good-government advocates and the press.
S.171 is considered a modest step forward by proponents of ethics reform — including one of its own sponsors. Most notably, it does not give the ethics commission investigatory or enforcement powers.
But it has nevertheless been the subject of intense debate and revision in the Government Operations Committee, which went back to the drawing board in February after lawyers working for the state and judicial branch offices raised concerns the ethics rules could clash with their existing professional codes of conduct.
Lawmakers appeared briefly to consider stripping down the bill to simply defer to each branch’s individual rules. In response, the ethics commission — which has been lobbying since its inception for further reform — excoriated legislators in a letter, accusing them of working to simply codify into law the existing and inadequate system.
“The adoption of a bare-bones code of ethics is no substitute for a comprehensive and uniform code of ethics that applies equally to all three branches of government. It is not sufficient to address governmental ethical misconduct in a meaningful way. It serves only to protect vested interests. Vermonters deserve better,” they wrote at the time.
Lawmakers ultimately settled on a compromise that makes clear that if the ethics rules were to conflict with any professional regulations, the latter would take precedence.
Given all the fracas over the legislation, Sen. Anthony Pollina, P/D-Washington, one of the bill’s sponsors, took the committee room’s temperature before the lawmakers’ vote.
“Is it fair to say that everybody here on this call supports this bill?” he asked the assembled witnesses.
“We do support this bill,” said Pat McDonald, of Vote for Vermont.
“I think you’ve done a great job at avoiding unintended consequences for licensed professionals,” added Vincent Illuzzi, a lobbyist for the Vermont State Employees’ Association.
“I think the clarifications will be very, very helpful,” echoed Teri Corsones, the executive director of the Vermont Bar Association.
“I’ll concur with Vince’s statement Madame Chair,” replied John Campbell, executive director of the Department of State’s Attorneys and Sheriffs.
The last one to answer was Ethics Commission Executive Director Christina Sivret.
“I’m very excited. Definitely support the bill,” Sivret said. “I thank the committee and everyone else who has been working on this. I’m really happy with where we landed.”
Sivret, in an interview with VTDigger, reiterated her excitement and relief about the bill’s progress. But then she added: The measure still needs the full Senate’s approval — and has yet to begin its journey in the House.
“We’re really hoping that this momentum continues on to the House side and that the entire bill gets passed this session,” she said. “If it doesn’t, we’re going to have to start all over again at the beginning next year.”