Vermont State Ethics Commission asks Legislature to fund two attorney positions to implement Act 171

The Vermont State Ethics Commission asked the House Appropriations Committee on Feb. 10 to fund two attorney positions to meet mandates enacted in Act 171 and to prepare for investigatory and hearing powers scheduled to take effect Sept. 1, 2027.

Paul Erlbaum, chair of the Vermont State Ethics Commission, told the committee the commission’s current staff consists of “one half-time executive director and one half-time administrative assistant” and said that, as written into Act 171, the commission’s new municipal-advisory responsibilities and hearing powers require more staffing. “We urge this committee and the legislature to appropriate funds for two attorney positions for the ethics commission,” Erlbaum said.

Why it matters: Act 171 created a statewide municipal ethics code and expanded the commission’s duties to include municipal training and advising and investigatory/hearing authority for the three branches of state government. Erlbaum said the commission has not been able to deliver municipal advisory services since May 7, 2025, after a flood of municipal requests overwhelmed its small staff.

What the commission reported: Erlbaum gave concrete counts of demand: 62 municipal requests for guidance, roughly 50 municipal complaint inquiries and about 28 municipal complaints filed in the initial surge after the municipal mandate took effect; he added there were 17 state-level requests for guidance for all of 2025. The commission’s written request (submitted to the committee) asks for two attorney positions as a modest step toward adequate staffing; national ethics expert Thomas (TJ) Jones advised the commission would need about 4.5 staff to fully meet the mandate.

Budget context: Brenda Berry, a financial manager in the Agency of Administration Financial Services Division, said the governor’s recommended FY2027 budget would increase the commission’s line by roughly 12 percent (about $26,000), of which approximately $16,000 is for fringe/health benefits. The ethics commission’s request for two attorney positions would represent an additional increase beyond the governor’s recommendation.

Committee discussion and concerns: Committee members pressed whether two attorneys would be sufficient long term; Erlbaum said two attorneys would bring the commission to about three full‑time equivalents and likely be adequate in the near term but that more staff could be needed depending on complaint and training volumes. Members also asked how municipal complaints are handled; Erlbaum clarified that the commission is not empowered to investigate municipal complaints directly—those investigations are left to towns and cities, and the commission currently relays complaints to local ethics liaisons and provides state-level advice where possible.

Next steps: Committee members signaled openness to considering the request and noted that budget decisions are statements of values. The committee said it would continue the conversation and follow up with the commission and agency staff.