Ordinance Committee

Friday, November 7, 2025, 2:00 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM When: Nov 7, 2025 02:00 PM Eastern Time (US and Canada) Topic: Ordinance Committee Meeting Join from PC, Mac, iPad, or Android: https://zoom.us/j/95117176995?pwd=38pvHQppthA5KczflhE2nLunlAnmxY.1 Passcode:983594 Phone one-tap: +13126266799,,95117176995#,,,,*983594# US (Chicago) +16469313860,,95117176995#,,,,*983594# US Join via audio: +1 312 626 6799 US (Chicago) +1 646 931 3860 US +1 929 205 6099 US (New York) +1 301 715 8592 US (Washington DC) +1 305 224 1968 US +1 309 205 3325 US +1 564 217 2000 US +1 669 444 9171 US +1 669 900 6833 US (San Jose) +1 689 278 1000 US +1 719 359 4580 US +1 253 205 0468 US +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) +1 360 209 5623 US +1 386 347 5053 US +1 507 473 4847 US Webinar ID: 951 1717 6995 Passcode: 983594 International numbers available: https://zoom.us/u/acBzJce1AT 1. Agenda 1.1. Motion to amend/adopt agenda 2. Adopt Draft Minutes Subject 2.1. Adopt Draft Minutes from 10/16 Meeting November 7, 2025 - Ordinance Committee Meeting - Friday, November 7, 2025, 2:00 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 2. Adopt Draft Minutes Department Council and Board Page 1 of 40  Type Recommended Action 3. Public Forum Subject 3.1. Verbal Comments Meeting November 7, 2025 - Ordinance Committee Meeting - Friday, November 7, 2025, 2:00 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 3. Public Forum Department Council and Board Type 4. Parking Ordinance Changes Discussion Subject 4.1. Parking Ordinance Changes Discussion Meeting November 7, 2025 - Ordinance Committee Meeting - Friday, November 7, 2025, 2:00 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 4. Parking Ordinance Changes Discussion Department Council and Board Type Recommended Action 5. Financial Disclosure for Local Elected Officials Subject 5.1. Financial Disclosure for Local Elected Officials Meeting November 7, 2025 - Ordinance Committee Meeting - Friday, November 7, 2025, 2:00 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 5. Financial Disclosure for Local Elected Officials Department Council and Board Type Recommended Action 6. Any Other Committee Business Subject 6.1. Any Other Committee Business Meeting November 7, 2025 - Ordinance Committee Meeting - Friday, November 7, 2025, 2:00 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 6. Any Other Committee Business Department Council and Board Type Recommended Action Page 2 of 40 7. Adjournment Subject 7.1. Motion to adjourn Meeting November 7, 2025 - Ordinance Committee Meeting - Friday, November 7, 2025, 2:00 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 7. Adjournment Department Council and Board Type Recommended Action Page 3 of 40  Ordinance Committee Thursday, October 16, 2025 Bushor Conference Room Conference Room or Remote via Zoom. Burlington, Vermont DRAFT MINUTES Members Present: Councilor Bergman (Chair), Councilor Carpenter, Councilor Barlow, Councilor Kane Staff Present: Kim Sturtevant (Assistant City Attorney), Erik Ramakrishnan (Assistant City Attorney), Hayley McClenahan (Assistant City Attorney), Katherine Schad (CAO), Laura Wheelock (DPW Technical Services Director) Public Present: Allie Schachter, Evan Litwin, Sharon Bushor, SP Meeting called to order at 4:32 PM. 1. Adopt the Agenda 1.1 Adopt the Agenda Motion to Adopt Agenda. Motion by Councilor Barlow, Seconded by Councilor Carpenter. Final Resolution: Motion Passes Yes: Unanimous 2. Adopt Draft Minutes 2.1 Adopt Draft Minutes from October 3 Motion to adopt the draft minutes from October 3. Motion by Councilor Barlow, Seconded by Councilor Carpenter. Final Resolution: Motion Passes Yes: Unanimous 3. Public Forum Sharon Bushor: I support having 65 being the mandatory age of retirement for Class A employees. I don’t think it is harmful to have to financial disclosure, but not entirely sure. It could be helpful to find conflicts of interest. I don’t like that the public is cut out of the parking ordinance changes. I am okay with items 2-5 of the draft ordinance. I think the changes by the Department should have to go to the Commission and not be optional. I do think there should be changes for safety sake, but also keep the needs of the neighborhood in mind. Evan Litwin (Ward Seven City Councilor): I have questions about the financial disclosure item. Lines 18-20 reference 24 VSA 1999. I do not see how the financial disclosure aligns with State law. I also think it is not appropriate to have this apply to the next elections in March as candidates are going to be declaring soon. I do not think this disclosure form will cover the Page 1 of 3 Page 4 of 40 issues that Councilor Neubieser intends it to. Notably, Councilor Grant did not recuse herself from a contract that she was involved with when Ta-Nehisi Coates came to the Flynn and the Council Rules already require disclosure of such financial conflicts. 4. Raising the Mandatory Retirement Age for Class A Employees Discussion Katherine Schad (CAO) discussed the financial breakdown regarding this item. The document is available in the agenda packet on CivicClerk. Councilor Carpenter said that 67 being the mandatory age makes sense as that is the age to collect full social security. She noted that many other public departments do not have a mandatory retirement age. She said she trusts the BFD to manage their staff. Councilor Bergman said he would like to see the unions each provide an analysis and position from their perspective on the different age options available. He said that he does not think a mandatory retirement age is strictly necessary, and currently supports changing the mandatory age to 63 until hearing further from the unions. He said he would like to send the draft ordinance back to City Council for second reading with an age change to 63 and a request for further comment from the public safety unions. Attorney McClenahan said that the comments forwarded to the Committee from the unions were specific and detailed and that they did not support raising the mandatory retirement age above 63. Motion to refer the draft ordinance as proposed back to the full City Council for a second reading. Motion by Councilor Barlow, Seconded by Councilor Kane. Final Resolution: Motion Passes Yes: Councilors Bergman, Barlow, Kane No: Councilor Carpenter Councilor Barlow clarified that he would like to know if there would be a hole in coverage between ages 63 and 65 and asked Katherine Schad to provide an update on that. 5. Parking Ordinance Changes Discussion Attorney Ramakrishnan explained the proposed parking changes. The draft ordinance is available in the agenda packet on CivicClerk. Councilor Carpenter asked about the title of the section regarding individuals with disabilities. She clarified that only people with the disabled parking placard or license plate are exempt. Attorney Ramakrishnan said he would reword that section’s title. Councilor Bergman said that he would prefer that if a change is made administratively to parking rules that the DPW Commission must be notified at their next scheduled meeting of that change. Page 2 of 3 Page 5 of 40 The Commission would not need to act on that change at that meeting but would still be getting regular updates about administrative changes. Laura Wheelock (City Engineer) said that notices of administrative changes would be sent to the DPW Commission when the change happens, and that having a timeframe of two regular meetings to get the change on the Commission’s agenda would be more feasible. Councilor Bergman said that the six hour window to close parking on a street is too short. Laura Wheelock said that DPW aims for a 72 hour notice period and 48 hours is standard. She continued that the six hour window is mostly because of the old meter hoods which are now largely replaced with the temporary yellow signs that allow for more specificity about when the parking spots are not usable. The draft parking ordinances changes will be further discussed in a future Committee meeting. 6. Financial Disclosure Ordinance Discussion Councilor Bergman said there are some questions already about this draft ordinance. One relates to the coverage of different elected officials like school board members and the other about when this ordinance would go into effect. Councilor Carpenter said she would like the Committee to come out with two recommendations: one about disclosure and the other about codifying the Council’s conflict of interest provisions. Councilor Barlow said there should be an ethics complaint process for conflicts of interest or other ethical issues. Allie Schachter (East District City Councilor) said she agrees with a two-pronged approach for disclosure and the strengthening of existing policies. Councilor Bergman said that the disclosure form, as referred, is for candidates for office while the conflict of interest policies are only once a person has become a Councilor. 7. Any Other Committee Business The next Ordinance Committee meeting is November 7th. 8. Adjournment The meeting was adjourned at 6:39 PM. Page 3 of 3 Page 6 of 40  CITY OF BURLINGTON ORDINANCE ___________ Sponsor: Public Works Commission Public Hearing Dates: ___________ In the Year Two Thousand Twenty-Five _____________________________ First reading: _________________ Referred to: ___________________ An Ordinance in Relation to Rules suspended and placed in all stages of passage: ______________ PARKING ENFORCEMENT Second reading: ________________ Action: ______________________ Date: ________________________ Signed by Mayor: ______________ Published: ____________________ Effective: _____________________ It is hereby Ordained by the City Council of the City of Burlington as follows: 1 That Chapter 20, Motor Vehicles and Traffic, of the Code of Ordinances of the City of Burlington be and 2 hereby is amended by amending Sec. 1, thereof to read as follows: 3 As written, with the following definitions inserted in alphabetical order: 4 Parking enforcement officer: Means any city employee designated by the city pursuant to 23 V.S.A. 5 § 4(11)(B), as the same may be amended or renumbered from time to time. 6 Traffic commission: Means the public works commission. 7 8 And that Chapter 20, Motor Vehicles and Traffic, of the Code of Ordinances of the City of Burlington be and 9 hereby is amended by amending Sec. 23, thereof to read as follows: 10 11 (a) and (b), as written. 12 (c) The traffic commission may adopt regulations delegating its authority under this section to the 13 director of public works or their designee, for the following purposes: 14 (1) to designate new no-parking areas, to change or modify the locations of existing no- 15 parking areas, or to make other changes affecting no-parking areas, including, without limitation, removals 16 that are necessitated by safety assessments, whenever the director or designee determines both that, (i) such 17 designation, change, or modification is necessary or convenient in response to a reasonable request from the 18 public or is warranted by changed circumstances or new data, and (ii) existing rules are substantially 19 inconsistent with regulations or safety guidelines published by the U.S. Access Board, the Federal Highways 20 Administration, the Vermont Agency of Transportation, or the American Association of State Highway and 21 Transportation Officials; 22 (2) to designate new accessible spaces or to change or modify the locations of existing 23 accessible spaces, whenever the director or designee determines both that, (i) such designation, change, or Page 7 of 40  Page 2 An Ordinance in Relation to PARKING ENFORCEMENT 24 modification is necessary or convenient to comply with federal and state disability access laws, and (ii) 25 existing parking rules are substantially inconsistent with the Public Right-of-Way Accessibility Guidelines, 26 or other relevant standards published by the United States Access Board; 27 (3) to designate new school zones, to change or modify the locations of existing school zones, 28 or to make other changes affecting school zones, including, without limitation, adjusting rules for student 29 drop off and pick up, whenever the director or designee determines both that, (i) such designation, change, or 30 modification is necessary or convenient in response to a reasonable request from the school department or is 31 warranted by changed circumstances or new data, and (ii) existing rules are substantially inconsistent with 32 regulations or safety guidelines published by the U.S. Access Board, the Federal Highways Administration, 33 the Vermont Agency of Transportation, or the American Association of State Highway and Transportation 34 Officials; 35 (4) to prohibit right-hand turns against a traffic signal which is indicating red, whenever the 36 director or designee determines both that, (i) such prohibition is necessary or convenient in response to a 37 reasonable request from the public or is warranted by changed circumstances or new data, and (ii) existing 38 rules are substantially inconsistent with regulations or safety guidelines published by the U.S. Access Board, 39 the Federal Highways Administration, the Vermont Agency of Transportation, or the American Association 40 of State Highway and Transportation Officials, and 41 (5) to designate new school crossing guard locations, to change or modify the locations of 42 existing school crossing guard locations, or to make other changes affecting school crossing guard locations, 43 whenever the director or designee determines both that, (i) such designation, change, or modification is 44 necessary or convenient in response to a reasonable request from the school department or is warranted by 45 changed circumstances or new data, and (ii) existing rules are substantially inconsistent with regulations or 46 safety guidelines published by the U.S. Access Board, the Federal Highways Administration, the Vermont 47 Agency of Transportation, or the American Association of State Highway and Transportation Officials,. 48 Such modifications shall become effective and enforceable immediately upon the posting of 49 reasonable signage directing motorists accordingly and shall remain in effect provided that notification is 50 sent to the traffic commission within its next two regularly scheduled meetings. Within a reasonable time 51 after providing the required notification to the commission, the public works director or designee shall 52 propose to the traffic commission a formal amendment to Appendix C to reflect the change. The failure to 53 do so shall not render the change invalid or unenforceable, but if the traffic commission rejects the change, it 54 shall cease to be effective. Page 8 of 40  Page 3 An Ordinance in Relation to PARKING ENFORCEMENT 55 56 And that Chapter 20, Motor Vehicles and Traffic, of the Code of Ordinances of the City of Burlington be and 57 hereby is amended by amending Sec. 41, thereof to read as follows: 58 The traffic commission is hereby authorized to establish school zones, and to authorize staff to 59 establish primary or secondary school zones, consistent with subsection (c) of section 20-23 of this code, by 60 causing the same to be designated by appropriate signs indicating the speed limit and erected not more than 61 five hundred (500) feet in advance of a school ground or of a pedestrian crossing customarily used by 62 primary or secondary school pupils. 63 64 And that Chapter 20, Motor Vehicles and Traffic, of the Code of Ordinances of the City of Burlington be and 65 hereby is amended by amending Sec. 53, thereof to read as follows: 66 (a), as written. 67 (b) The traffic commission may conspicuously place, or authorize the public works director or 68 designee to place, suitable signs in and near the areas affected by the parking regulations of this article, 69 plainly indicating such regulations. 70 (c) Whenever the traffic commission’s regulations identify a location for signage to be placed, the 71 location chosen by the public works director or designee shall be entitled to a rebuttable presumption of 72 correctness. 73 74 And that Chapter 20, Motor Vehicles and Traffic, of the Code of Ordinances of the City of Burlington be and 75 hereby is amended by amending Sec. 55, thereof to read as follows: 76 (a) No operator or driver of any vehicle shall stop, stand or park the same in any of the following 77 places, except when necessary to avoid conflict with other traffic or in compliance with the direction of a 78 police officer or official traffic sign or except momentarily to pick up or discharge a passenger: 79 (1) to (7), as written. 80 (8) Any street or portion of a street closed pursuant to section 20-63, including, without limitation, in 81 metered parking spaces encumbered pursuant to Section 27-33 of this code; provided that this prohibition 82 shall not apply to vehicles engaged in activities allowed under the permit issued pursuant to Section 27-33; 83 (9), as written. Page 9 of 40  Page 4 An Ordinance in Relation to PARKING ENFORCEMENT 84 (10) [Reserved]. In a metered parking space where the meter for such space is covered with a hood 85 issued pursuant to Section 27-33. This prohibition shall not apply to vehicles engaged in the activities 86 allowed by the permit issued pursuant to Section 27-33; 87 (11) to (16), as written. 88 (b) and (c), as written. 89 (d) No person shall park any vehicle in any parking space designated by the traffic commission for 90 parking for the handicappedindividuals with disabilities unless the vehicle displays special handicapped 91 license plates or placards issued pursuant to 23 V.S.A. 304a, or any amendment or renumbering thereof. 92 (e) and (f), as written. 93 (g) Effective upon making conforming changes to Appendix D of this code, a violation of rules 94 relating to parking set forth in said Appendix D shall constitute a violation of this section for purposes of 95 ticketing and enforcement. 96 97 And that Chapter 20, Motor Vehicles and Traffic, of the Code of Ordinances of the City of Burlington be and 98 hereby is amended by amending Sec. 61, thereof to read as follows: 99 No person shall leave a vehicle in the same place within the limits of a street for a period longer than 100 three (3) days. This period starts when the police department or parking enforcement officer observes a 101 vehicle in a space. From that time the vehicle must be moved within three (3) days. For the purposes of this 102 section the term moved is defined as relocating a vehicle at least twenty-five (25) feet from its original 103 location for a time period of thirty-six (36) hours. 104 105 And that Chapter 20, Motor Vehicles and Traffic, of the Code of Ordinances of the City of Burlington be and 106 hereby is amended by amending Sec. 63, thereof to read as follows: 107 For the purpose of cleaning, clearing, oiling, repairing, surfacing a street, special events, parades, or 108 pruning or removing trees, or for parking encumbered pursuant to Section 27-33, the street department, parks 109 department, or police department may close such street or portion of a street to the parking of vehicles by 110 causing signs to be posted thereon in conspicuous locations and at reasonable intervals indicating the 111 prohibition of parking thereon. The signs shall be posted by 6:00 p.m. and the prohibition shall be effective 112 12:00 a.m. the following dayas indicated thereon, but not sooner than twenty-four (24) hours later. The signs 113 shall indicate in bold face “NO PARKING – TOW AWAY ZONE”. Where individual parking space meters 114 are provided, such signage shall be provided in the form of parking meter hoods. Such prohibition shall Page 10 of 40  Page 5 An Ordinance in Relation to PARKING ENFORCEMENT 115 remain in effect until such signs are removed, and during the period when parking is so prohibited, no person 116 shall park a motor vehicle on any such street. 117 118 And that Chapter 20, Motor Vehicles and Traffic, of the Code of Ordinances of the City of Burlington be and 119 hereby is amended by amending Sec. 66, thereof to read as follows: 120 (a), as written. 121 (b) Nonmetered Parking Offenses: 122 (1) Handicapped Accessible parking. The penalty for handicapped parking violations as set forth in 123 Section 20-55(d) shall be one hundred twenty-five dollars ($125.00) as set forth in 23 V.S.A. § 304a(e)(1), as 124 the same may be amended or renumbered from time to time. 125 (2) to (6), as written. 126 (7) Other nonmetered parking offense. "Nonmetered parking offense" means any parking offense set 127 out in this Code, except violations related to metered parking. The penalty for violations of nonmetered 128 parking offenses except handicapped parking and idlingas indicated shall be seventy-five dollars ($75.00). 129 (8) and (9), as written. 130 (c), as written. 131 132 And that Chapter 20, Motor Vehicles and Traffic, of the Code of Ordinances of the City of Burlington be and 133 hereby is amended by amending Sec. 67, thereof to read as follows: 134 (a), as written. 135 (b) Any person who has violated any ordinance regarding parking in the city may within thirty (30) 136 days from the date of such violation waive in writing the issuance of any process in a trial by jury or hearing 137 and voluntarily pay to the police department of the city the penalty prescribed in Section 20-66. Payments 138 may be made by cash, check, money order, credit card or online payment. 139 140 And that Chapter 20, Motor Vehicles and Traffic, of the Code of Ordinances of the City of Burlington be and 141 hereby is amended by amending Sec. 71, thereof to read as follows: 142 (a) Under the provisions of this division, any police officer or parking enforcement officer shall cause 143 a motor vehicle parked in violation of the following to be moved or removed to any public garage or other 144 place designated by him within a five-mile radius from the boundaries of the city.: 145 (1), as written. Page 11 of 40  Page 6 An Ordinance in Relation to PARKING ENFORCEMENT 146 (2) Designated prohibited areas, as set forth in section 20-55 of this Code; In any manner that violates 147 any provision of this code if: 148 (i) The vehicle is interfering unreasonably with the free flow of traffic, including through, 149 into, or out of any public or private parking area, driveway, or right of way; 150 (ii) The vehicle is parked in a manner that interferes unreasonably with any lawful 151 construction activity; 152 (iii) The violation constitutes or includes a violation of Section 22-55(a)(3), (a)(8), or (d) of 153 this code; 154 (iv) When allowed pursuant to Section 20-79 of this code; 155 (v) In any location where, in the opinion of the parking enforcement officer, such vehicle 156 creates an immediate traffic hazard or otherwise endangers the public health, safety, or welfare; or 157 (vi) The violation continues for a period of not less than twenty-four (24) hours following 158 ticketing. 159 (vii) The vehicle is parked in any space designated a special parking space pursuant to section 160 29 of Appendix C to this code, as the same may be renumbered or amended from time to time. 161 (3) to (5), as written. 162 (b) and (c), as written. 163 164 And that Chapter 20, Motor Vehicles and Traffic, of the Code of Ordinances of the City of Burlington be and 165 hereby is amended by amending Sec. 72, thereof to read as follows: 166 The chief of policeparking enforcement officer and the owner of any public garage to which a vehicle 167 is removed shall keep a record of each vehicle so removed by manufacturer’s trade name or make, 168 registration number or motor number if the vehicle is not registered, registered owner if the vehicle bears a 169 Vermont registration, such other descriptive matter as may be necessary to identify such vehicle, and the 170 name and address of any claimant thereof. The chief of policeparking enforcement officer shall, in addition, 171 keep a record showing the date of such removal, the place to which such removal is made and the reason for 172 such removal. All such records shall be open to public inspection at all times. 173 174 And that Chapter 20, Motor Vehicles and Traffic, of the Code of Ordinances of the City of Burlington be and 175 hereby is amended by amending Sec. 73, thereof to read as follows: Page 12 of 40  Page 7 An Ordinance in Relation to PARKING ENFORCEMENT 176 Before the owner shall be permitted to reclaim a vehicle which has been removed pursuant to this 177 division, he shall: 178 (a) Furnish satisfactory evidence to the chief of policeparking enforcement officer and to the owner 179 or person in charge of such public garage of his identity and of his ownership of such vehicle; 180 (b) Pay to the police department all outstanding charges for violation of the offenses described in 181 section 20-79(a)this article, and all charges for removing said vehicle and all charges for the storing and 182 parking thereof, and for publication of record of removal,; or 183 (1) pPost a bond, certified by the chief of police or his duly authorized representative, which is equal 184 to the amount of charges dueset forth in (b) above; and 185 (c) Sign a written receipt acknowledging delivery of said vehicle;. 186 (d), as written. 187 188 And that Chapter 20, Motor Vehicles and Traffic, of the Code of Ordinances of the City of Burlington be and 189 hereby is amended by amending Sec. 79, thereof to read as follows: 190 (a) Any motor vehicle parked in violation of city ordinance upon any public highway of the city or at 191 the Burlington International Airport, including such ways, streets, alleys, lanes or other places as may be 192 open to the public, the owner of which has accumulated unpaid parking violations totaling two hundred 193 seventy-five dollars ($275.00) or more, not including the amount attributable to the present violation, may be 194 removed and stored pursuant to this division. Thereupon, the vehicle may be reclaimed pursuant to Section 195 20-73. In order to reclaim the impounded vehicle, the owner shall pay charges for outstanding violations 196 such that the total amount owed in fines and fees pursuant to ordinance violations is reduced to less than two 197 hundred seventy-five dollars ($275.00), all outstanding removal charges previously assessed and the charges 198 imposed by this division for such removal and storage or until the requirements of Section 20-73(b)(1) have 199 been met. Fines shall not be avoided by the transference of title or registration, or the purchasing of a 200 different vehicle. 201 (b) and (c), as written. 202 203 And that Chapter 20, Motor Vehicles and Traffic, of the Code of Ordinances of the City of Burlington be and 204 hereby is amended by amending Sec. 83, thereof to read as follows: 205 The board of public works commissioners is hereby authorized to establish zones to be known as 206 parking meter zones in all or part of such areas on the streets of the city as they may deem necessary. For Page 13 of 40  Page 8 An Ordinance in Relation to PARKING ENFORCEMENT 207 greater clarity, the term “parking meter zone” includes all on-street paid parking within the city, whether a 208 meter is physically present for each metered space. Nothing in this code or its appendices shall be construed 209 to prevent the city from using parking kiosks, other forms of multi-space metering, or web-based 210 applications, to collect parking fees, whether in parking meter zones or other city owned or operated parking 211 lots or garages. 212 213 And that Chapter 20, Motor Vehicles and Traffic, of the Code of Ordinances of the City of Burlington be and 214 hereby is amended by amending Sec. 84, thereof to read as follows: 215 (a) The public works commission shall cause parking meters to be installed in parking meter zones 216 established under this division. The public works commission shall also cause the installation of necessary 217 curb and street markings for on-street paid parking, provide for the regulation and operation thereof, and 218 maintain said parking meters, including multi-space meters, instructions for online payment via web-based 219 applications, kiosks, or similar apparatus and/or multi-space meters in workable condition. 220 221 (b) Meters and/or multi-space metersPayment devices shall be placed upon the curb next to 222 individual parking spaces or in proximity of designated parking spaces, and shall be so constructed as to 223 accept payment as indicated by instructions upon the meterdevice. 224 (c) Except to the extent the city council has otherwise appropriated city funds to pay such charges for 225 the fiscal year in question, whenever any payment processor charges a fee for the use of a credit card to pay 226 for metered parking, the person responsible for payment for the parking shall also be responsible for the 227 payment processor’s charges. 228 229 And that Chapter 20, Motor Vehicles and Traffic, of the Code of Ordinances of the City of Burlington be and 230 hereby is amended by amending Sec. 87, thereof to read as follows: 231 (a) When any vehicle is parked in any meter zone in accordance with the provisions of this division, 232 the operator of the vehicle shall, upon entering the parking space, immediately pay in accordance with 233 instructions on the meter and/or multi-space meterpayment apparatus as indicated by the legend thereon, and 234 failure to make such payment or to operate the meter shall constitute a misdemeanor. Upon payment, the 235 parking space may be lawfully occupied by such vehicle for a period as set out in App. C, Section 19. 236 (b), as written. 237 Page 14 of 40  Page 9 An Ordinance in Relation to PARKING ENFORCEMENT 238 And that Chapter 20, Motor Vehicles and Traffic, of the Code of Ordinances of the City of Burlington be and 239 hereby is amended by amending Sec. 95, thereof to read as follows: 240 20-95 Disabled persons exempt from requirementsExemptions for individuals with disabilities. 241 Any person who is blind, who has an ambulatory handicap, or who is temporarily disabled with an 242 ambulatory handicap shall be entitled toAny person who is blind, or who has a permanent or temporary 243 ambulatory disability, may park without fee for an unlimited period in a parking zone which is restricted as 244 to the length of time parking is permitted. This section shall not apply to zones in which parking, standing or 245 stopping of all vehicles is prohibited, which are reserved for special vehicles, or where parking is prohibited 246 by any parking ban. As a condition to this privilegeright, the vehicle shall display the special handicapped 247 parking card, plate or placard issued by the state commissioner of motor vehicles as required in 23 V.S.A. 248 304a, or a handicapped similar license plate, card or other identification issued by any other state. 249 250 And that Chapter 20, Motor Vehicles and Traffic, of the Code of Ordinances of the City of Burlington be and 251 hereby is amended by amending Sec. 101, thereof to read as follows: 252 In each lot owned or leased by the city for the purpose of parking, meters and/or multi-space 253 meterspayment apparatus shall be placed upon the curb or in proximity to parking spaces, and shall be so 254 constructed as to accept payment as indicated by instructions thereupon said meter. 255 256 And that Chapter 20, Motor Vehicles and Traffic, of the Code of Ordinances of the City of Burlington be and 257 hereby is amended by adding Sec. 110, thereof to read as follows: 258 The public works commission may, with the approval of the city council, authorize the mayor to 259 execute leases for space within private parking facilities, wherein the city may charge for parking at rates the 260 same or substantially the same as rates charged in public garages within the city, and wherein the parking 261 enforcement officer shall have the same authority to ticket or tow vehicles as for public garages. 262 263 And that Chapter 27, Streets and Sidewalks, of the Code of Ordinances of the City of Burlington be and 264 hereby is amended by amending Sec. 33, thereof to read as follows: 265 (a), as written. 266 (b) Permits for the obstruction of metered parking spaces may be issued for the following purposes 267 only: 268 (1) Construction, repair or maintenance work on abutting or nearby properties; Page 15 of 40  Page 10 An Ordinance in Relation to PARKING ENFORCEMENT 269 (2) Loading or unloading goods, people, materials or equipment, or the use of such 270 equipment, on abutting or nearby properties; 271 (3) Working in that immediate area of the street; 272 (4) The parking of vehicles used for events; or 273 (5) Any other uses as approved by city council. 274 The permit and the application for the permit shall state the nature of the obstruction, the purpose of the 275 obstruction, and the time allowed for it to remain or continue. The permit shall specify the number of 276 metered spaces to be obstructed. The permit shall be subject to reasonable conditions imposed by the 277 director of public works or designee, including reasonable indemnification provisions approved as to form by 278 the city attorney or designee. 279 (c) The department of public works shall upon issuance of the permit issue an appropriate number of 280 meter hoods to the applicant for each parking space to be obstructed. Upon the face of each hood shall be 281 indicated in bold face "NO PARKING—TOW AWAY ZONE." The applicant shall place the meter hood 282 over the meter by 6:00 p.m. the preceding daysignage to be placed as described in Section 20-63. 283 (d) to (f), as written. 284 285 * Material stricken out deleted. 286 ** Material underlined added. 287 288 289 290 291 ER/ER/Ordinances 2025/Parking Enforcement 292 August 25, 2025 Page 16 of 40 Page 17 of 40 Page 18 of 40 Page 19 of 40 Page 20 of 40 Page 21 of 40 Page 22 of 40 Page 23 of 40 Page 24 of 40 Page 25 of 40  DISTRICT OFFICES Clare Wool, Chair 150 Colchester Avenue Burlington, VT 05401 917-912-4333 cwool@bsdvt.org October 3, 2025 Dear Council President Traverse, The Burlington School Board recognizes the importance of transparency in public service. However, this proposed resolution requiring all local candidates—including School Board candidates—to file financial disclosure forms modeled after those required of State Senators, Representatives, and statewide candidates is ill-suited, burdensome, and potentially harmful to the health of local democracy. Specifically, School Board candidates should not be held to the same disclosure standards as candidates for Statewide office, given the vastly different scope of authority, compensation, and responsibility. Further, Burlington’s unpaid, volunteer School Board is not a political body—it exists to serve Burlington’s students. Resolutions that intentionally pull the School Board into political conversations are contrary to the Board’s mission and responsibilities. For the above reasons Burlington’s School Board strongly opposes any proposed resolution that conflates the role and responsibilities of local governing bodies with those of statewide offices. Sincerely,​ ​ Clare Wool Chairwoman on behalf of The Burlington Board of School Commissioners Page 26 of 40  OFFICE OF THE CLERK TREASURER City of Burlington ________________________________________ City Hall, 149 Church Street, Burlington, VT 05401 Voice (802) 865-7000; (802) 865-7014 MEMORANDUM TO: City Council FROM: Sarah Montgomery, Assistant City Clerk CC: Katherine Schad, Chief Administrative Officer DATE: September 4th, 2025 RE: Financial Disclosure for local candidates The City Clerk’s office was asked to review the feasibility and financial impact of requiring local candidates to submit financial disclosure forms along with the other required forms at the time of candidate filing. Implementation Feasibility: This proposed requirement would be simple to implement by the Clerk’s Office. We do not have any concerns about the feasibility of accepting this additional form and posting it to the City’s website. Financial Impact: This proposed requirement would have no financial impact on the City. The City of Burlington does not discriminate on the basis of political or religious affiliation, race, color, national origin, age, sex, sexual orientation, marital status, veteran status or disability. Persons with disabilities who require assistance or special arrangements to participate in programs and activities of the Clerk Treasurer’s Office are encouraged to contact us at 865-7000 or 865-7142 (TTY) at least 72 hours in advance so that proper arrangements can be made. Page 27 of 40  Candidates for Vermont Statewide Office and Candidates for Legislative Office Financial Disclosure Form for 2024 Who must file: 17 V.S.A. § 2414(a) requires that each candidate for Statewide office and each candidate for State Senator or State Representative complete and file this financial disclosure form. When: File with your consent of candidate form. Please attach additional pages as necessary to complete this form. Your name: ______________________________________________________________________ E-mail address: ___________________________________________________________________ Elected office sought: District: ______________________ Financial information provided below is for calendar year 2023. 1. Sources of personal income – For you, your spouse or your domestic partner as defined in 17 V.S.A. § 2414 (e)(1), or both of you together, disclose each source of income that totals more than $5,000.00. You do not need to provide the actual dollar amount. 17 V.S.A. § 2414(a)(1). A. Employment income – List each employer and employer business address. If you are self- employed, describe the nature of your employment. 17 V.S.A. § 2414(a)(1)(A). ☐ Neither I nor my spouse/domestic partner have sources of employment income required to be listed. Employer Name Employer Business Address or description of Candidate/Spouse or work if self-employed Domestic Partner/Joint B. Investment income – For you, your spouse or your domestic partner as defined in 17 V.S.A. § 2414(e)(1), or both of you together, disclose each source of investment income that totals more than $5,000.00. 17 V.S.A. § 2414(a)(1)(B). You do not need to provide the actual dollar amount. 17 V.S.A. § 2414(a)(1). Sources of investment income may include, but are not limited to, stocks, bonds, mutual 1 Page 28 of 40  funds, income-producing property, joint ventures and business interests not included in Part 3 below. 17 V.S.A. § 2414(a)(3). Brokerage firms may be listed; individual stock holdings need not be disclosed unless stock ownership represents 10% or more, in which case the ownership should be listed in Part 3 below. Retirement holdings need not be listed. ☐ Neither I nor my spouse/domestic partner have investments required to be listed. Source Nature of Investment Candidate/Spouse or Domestic Partner/Joint C. Other Sources of Income - For you, your spouse or your domestic partner as defined in 17 V.S.A. § 2414(e)(1), or both of you together, disclose each additional source of income not mentioned above, that totals more than $5,000.00. You do not need to provide the actual dollar amount. 17 V.S.A. § 2414(a)(1). ☐ Neither I nor my spouse/domestic partner have any other sources of income required to be listed. Source of Income Candidate/Spouse or Domestic Partner/Joint 2. Service – List each board, commission, or other entity that is regulated by law or that receives funding from the State of Vermont on which you serve and your position on it. 17 V.S.A. § 2414(a)(2). ☐ I have no service to list. Board, Commission, other Entity Position held 3. Company Ownership – List any company which you, or your spouse or domestic partner, or both together own more than 10 percent. 17 V.S.A. § 2414(a)(3). ☐ Neither I nor my spouse/domestic partner have businesses required to be listed. Business Name Business Address Candidate/Spouse or Domestic Partner/Joint 2 Page 29 of 40  (Company ownership cont’d) 4. Lease or Contract with the State – List any lease or contract with the State held or entered into by (a) you or your spouse or domestic partner; or (b) a company of which you or your spouse or domestic partner, or both together owned more than 10 percent. 17 V.S.A. § 2414(a)(4). ☐ Neither I nor my spouse/domestic partner have leases or contracts required to be listed. Type of lease or contract Candidate/Spouse or Domestic Partner/Joint 5. Lobbying Activities – If your spouse or domestic partner is a lobbyist, enter the name of your spouse or domestic partner below and, if applicable, the name of his or her lobbying firm. 17 V.S.A. § 2414(b). ☐ My spouse/domestic partner has no lobbying activities required to be listed. Name of spouse/domestic partner Name of lobbying firm 6. Tax Return – If you are a candidate for Statewide office (not legislative office), please attach to this form a copy of your most recent U.S. Individual Income Tax Return Form 1040. You may redact the following information: (1) your Social Security Number and that of your spouse, if applicable; (2) the names of any dependent and the dependent’s Social Security Number; and (3) your signature and that of your spouse, if applicable. 17 V.S.A. § 2414(c). I hereby certify that the information provided is true and accurate to the best of my knowledge, information, and belief. ________________________________________________________ Date: ______________________ Signature Submit this completed Disclosure Form to the officer with whom you file your consent of candidate form. 17 V.S.A. § 2414(a)(1). Revised April 2024 for 2024. 3 Page 30 of 40 WHEREAS, effective January 1, 2025, the State of Vermont adopted a statewide Municipal Code of Ethics (the “Code”), 24 V.S.A. §§ 1991 et seq., which applies to all municipal officers; and WHEREAS, the Code establishes a duty for all municipal officers to avoid conflicts of interest, which are broadly defined as including: “a direct or indirect interest of a municipal officer or such an interest, known to the officer, of a member of the officer’s immediate family or household, or of a business associate, in the outcome of a particular matter pending before the officer or the officer’s public body, or that is in conflict with the proper discharge of the officer’s duties.”; and WHEREAS, where conflicts of interest exist, the Code requires: (1) that municipal officers generally recuse themselves; (2) that when a municipal officer does not recuse themselves from a conflict of interest for “good cause,” as defined by statute, the municipal officer must publicly announce their nonrecusal and submit a written nonrecusal statement; and (3) that members of a public body, including the Burlington City Council, be permitted to inquire of a public officer about any possible conflict of interest or any appearance of a conflict of interest and to recommend that the member recuse themselves from the matter; and WHEREAS, the Code further provides strong protections against statutorily defined “unethical conduct,” “preferential treatment,” “misuse of position,” “misuse of information,” “misuse of government resources,” “unauthorized commitments,” and the acceptance of “gifts” and “benefit from contracts”; and WHEREAS, the Code tasks the State Ethics Commission with providing guidance to municipal officers on the Code’s provisions and, upon request, written advisory opinions that include advice or interpretation with respect to an officer’s duties regarding any provision of the Code or regarding any other issue related to government ethics; and WHEREAS, the Mayor and City Councilors are municipal officers who are required under the Code to complete ethics training within 120 days after their election, and then again every three years; and WHEREAS, the Code requires that each municipality adopt procedures for the investigation of municipal ethics complaints and enforcement in instances of substantiated complaints; and WHEREAS, since the Code became effective, other municipalities have adopted provisions on the investigation and enforcement of complaints, including, but not limited to, South Burlington, Essex Junction, and Shelburne, among others; and WHEREAS, the Burlington City Charter also includes long-standing provisions on conflicts of interest under Section 133, which require recusal when a “direct or indirect conflict of interest” is present, and defines a “direct conflict of interest” as limited just to those instances where a City officer has “a direct and immediate financial interest” in a manner, and defines an “indirect conflict of interest” as limited to situations where a City officer’s family member has a direct conflict of interest; and WHEREAS, the statewide Code’s provisions on conflicts of interest are more broadly defined than those in the Charter, and provides that: “To the extent any provisions of this chapter conflict with the provisions of any municipal charter listed in Title 24 Appendix, the provisions of this chapter shall prevail.”; and Page 31 of 40 NOW, THEREFORE, BE IT RESOLVED, to the extent the statewide Municipal Code of Ethics is broader than or otherwise conflicts with conflict of interest provisions in the City Charter, the City Council respectfully requests the City Attorney’s Office draft a proposed Charter change for the Council’s consideration that either removes or amends conflicting provisions to align the Charter with the Code; and BE IT FURTHER RESOLVED, in compliance with 24 V.S.A. § 1997, the Burlington Code of Ordinances is amended to include the following under Chapter 2, Administration: Article IV. Code of Ethics Investigation and Enforcement 2-43. Authority. This ordinance is adopted by the City of Burlington under authority of 24 V.S.A. §1997. 2-44. Purpose. The purpose of this Article is to enact procedures for the investigation of complaints alleging a municipal officer has violated Vermont's Municipal Code of Ethics and the enforcement in instances of substantiated complaints, including methods of enforcement and available remedies. An additional purpose of this Article is to mandate regular ethics trainings for municipal officers. Sec. 2-45. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: “Designated complaint recipient” means the municipal officer or body designated to receive complaints alleging violations of the Code. “Alternative designated complaint recipient” means the municipal officer or body designated to receive complaints alleging violations of the Code when the designated complaint recipient is unavailable or the subject of a complaint. “Code” for the purposes of this Article means Vermont’s Municipal Code of Ethics, 24 V.S.A. §§ 1991 et seq. “Municipal officer” or “officer” means: (1) The Mayor; (2) Any member of the City Council; (3) Any individual who holds the position of, or exercises the function of, any of the following positions in or on behalf of the City of Burlington: a. Cemetery Superintendent b. Chief Administrative Officer c. Chief Engineer of the Fire Department d. City Assessor e. City Attorney and Assistant City Attorney f. City Constable and Second, Third, and Fourth Constables Page 32 of 40  g. City Engineer and Surveyor h. Director of Aviation i. Director of Burlington City Arts j. Director of Permitting and Inspections k. Director of Planning l. Director of the Community and Economic Development Office m. Director of the Human Resources Department n. Director of the Office of Racial Equity, Inclusion & Belonging o. Executive Director of the Church Street Marketplace District p. General Manager/Superintendent of the Electric Department q. Harbor Master r. Librarian(s) of the Fletcher Free Library s. Police Chief t. Superintendent of the Parks and Recreation Department u. Superintendent/Director of the Public Works Department v. Zoning Administrative Officer w. All other superintendent/directors of any other City department x. Members of the City’s various boards and commissions appointed by the City Council or City Council with Mayor Presiding y. Advisory committee members appointed by the Mayor, City Council, or City Council with Mayor Presiding; and z. To the extent not set forth herein, all other municipal officers covered by the Code. Sec. 2-46. Complaints. (a) The City Attorney’s Office shall maintain a municipal ethics complaint form and make this readily available to the public in both written and electronic format. (b) Any member of the general public may make a municipal ethics complaint including any person elected, appointed, or employed by the City. (c) The City’s designated complaint recipient and alternative designated complaint recipient will be established by the City Council, except neither the Mayor nor any member of the City Council may be designated as a complaint recipient. (d) All municipal ethics complaints must be directed to the designated complaint recipient. (e) The designated complaint recipient will conduct a prompt, thorough, and impartial investigation of all municipal ethics complaints, and confidentiality will be protected to the extent possible. (f) Municipal ethics complaints against the designated complaint recipient must be directed to the alternative designated complaint recipient. Page 33 of 40 (g) The designated complaint recipient and alternative designated complaint recipient shall provide the Mayor and City Council President regular updates on any received complaints. These updates may be provided confidentially to the extent permitted by Vermont’s Public Records Act. (h) No person will be adversely affected or otherwise retaliated against in either their volunteer or employment status with the City as a result of bringing a municipal ethics complaint. Sec. 2-47. Enforcement. If the designated complaint recipient, or the alternative designated complaint recipient in the case of a municipal complaint brought against the designated complaint recipient or when the designated complaint recipient is unavailable, determines a violation of the Code has occurred, the violating municipal officer will be subject to timely and appropriate corrective action, including, but not limited to the following: (a) Enforcement against elected officers. In cases in which the municipal officer is the Mayor or member of the City Council, the City Council may, in its discretion, take any of the following actions: (1) The City Council President may meet informally with the municipal officer to discuss the violation. (2) The City Council may meet to discuss the conduct of the municipal officer. Executive session may be used for such discussion in accordance with 1 V.S.A. §313(a)(4). The municipal officer may request that this meeting occur in public. (3) In compliance with Section 133(c) of the City Charter, the City Council with Mayor Presiding may officially censure the municipal officer upon affirmative vote of two-thirds of the whole number of the body. The official censure may request (but not order) the offending municipal officer resign from their office. The municipal officer will be given the opportunity to respond to official censure. (b) Enforcement against appointed officers. In cases in which the municipal officer holds appointed office, the City Council may choose to follow any of the steps articulated in Section 2-47(a)(1-2). In addition to, or in lieu of any of those steps, the City Council, City Council with Mayor Presiding, or any other appointing board or commission may remove an appointed municipal officer in compliance with Section 129 of the City Charter and any other applicable law. (c) Enforcement against employees. In cases in which the municipal officer is also an employee of the City, the Mayor or other properly designated municipal officer may take any corrective action, up to and Page 34 of 40  including termination, in accordance with applicable law, municipal polices and regulations, and any applicable collective bargaining agreement Sec. 2-48. Trainings. All municipal officers shall complete ethics training, as approved by the State Ethics Commission, within 120 days after their election, appointment, or hire. Upon completing initial ethics training, a municipal officer shall complete additional ethics training, as determined by the State Ethics Commission, every year. Sec. 2-107. - Other laws. This article is in addition to all other ordinances of the municipality and all applicable laws of the State of Vermont. All ordinances or parts of ordinances, resolutions, regulations, policies, or other documents inconsistent with the provisions of this article are hereby repealed to the extent of such inconsistency. BE IT FURTHER RESOLVED, upon this new ordinance taking effect, the City Attorney shall be the designated complaint recipient and the Director of the Human Resources Department shall be the alternative designated complaint recipient. Page 35 of 40 Sec. 22. 24 V.S.A. chapter 60 is added to read: CHAPTER 60. MUNICIPAL CODE OF ETHICS § 1991. DEFINITIONS As used in this chapter: (1) “Advisory body” means a public body that does not have supervision, control, or jurisdiction over legislative, quasi-judicial, tax, or budgetary matters. (2) “Candidate” and “candidate’s committee” have the same meanings as in 17 V.S.A. § 2901. (3) “Commission” means the State Ethics Commission established under 3 V.S.A. chapter 31, subchapter 3. (4) “Confidential information” means information that is exempt from public inspection and copying under 1 V.S.A. § 315 et seq. or is otherwise designated by law as confidential. (5) “Conflict of interest” means a direct or indirect interest of a municipal officer or such an interest, known to the officer, of a member of the officer’s immediate family or household, or of a business associate, in the outcome of a particular matter pending before the officer or the officer’s public body, or that is in conflict with the proper discharge of the officer’s duties. “Conflict of interest” does not include any interest that is not greater than that of other individuals generally affected by the outcome of a matter. (6) “Department head” means any authority in charge of an agency, department, or office of a municipality. (7) “Designated complaint recipient” means: (A) a department head or employee specifically designated or assigned to receive a complaint that constitutes protected activity, as set forth in section 1997 of this title; (B) a board or commission of the State or a municipality; (C) the Vermont State Auditor; (D) a State or federal agency that oversees the activities of an agency, department, or office of the State or a municipality; (E) a law enforcement officer as defined in 20 V.S.A. § 2358; (F) a federal or State court, grand jury, petit jury, law enforcement agency, or prosecutorial office; (G) the legislative body of the municipality, the General Assembly or the U.S. Congress; or (H) an officer or employee of an entity listed in this subdivision (7) when acting within the scope of the officer’s or employee’s duties. (8) “Domestic partner” means an individual in an enduring domestic relationship of a spousal nature with the municipal officer, provided the individual and municipal officer: (A) have shared a residence for at least six consecutive months; 1 Page 36 of 40 (B) are at least 18 years of age; (C) are not married to or considered a domestic partner of another individual; (D) are not related by blood closer than would bar marriage under State law; and (E) have agreed between themselves to be responsible for each other’s welfare. (9) “Illegal order” means a directive to violate, or to assist in violating, a federal, State, or local law. (10) “Immediate family” means an individual’s spouse, domestic partner, or civil union partner; child or foster child; sibling; parent; or such relations by marriage or by civil union or domestic partnership; or an individual claimed as a dependent for federal income tax purposes. (11) “Legislative body” means the selectboard in the case of a town, the mayor, alderpersons, and city council members in the case of a city, the president and trustees in the case of an incorporated village, the members of the prudential committee in the case of a fire district, and the supervisor in the case of an unorganized town or gore. (12) “Municipal officer” or “officer” means: (A) any member of a legislative body of a municipality; (B) any member of a quasi-judicial body of a municipality; or (C) any individual who holds the position of, or exercises the function of, any of the following positions in or on behalf of any municipality: (i) advisory budget committee member; (ii) auditor; (iii) building inspector; (iv) cemetery commissioner; (v) chief administrative officer; (vi) clerk; (vii) collector of delinquent taxes; (viii) department heads; (ix) first constable; (x) lister or assessor; (xi) mayor; (xii) moderator; (xiii) planning commission member; (xiv) road commissioner; (xv) town or city manager; (xvi) treasurer; (xvii) village or town trustee; (xviii) trustee of public funds; or (xix) water commissioner. (13) “Municipality” means any town, village, or city. 2 Page 37 of 40 (14) “Protected employee” means an individual employed on a permanent or limited status basis by a municipality. (15) “Public body” has the same meaning as in 1 V.S.A. § 310. (16) “Retaliatory action” includes any adverse performance or disciplinary action, including discharge, suspension, reprimand, demotion, denial of promotion, imposition of a performance warning period, or involuntary transfer or reassignment; that is given in retaliation for the protected employee’s involvement in a protected activity, as set forth in section 1997 of this title. § 1992. CONFLICTS OF INTEREST (a) Duty to avoid conflicts of interest. In the municipal officer’s official capacity, the officer shall avoid any conflict of interest or the appearance of a conflict of interest. The appearance of a conflict shall be determined from the perspective of a reasonable individual with knowledge of the relevant facts. (b) Recusal. (1) If a municipal officer is confronted with a conflict of interest or the appearance of one, the officer shall immediately recuse themselves from the matter, except as otherwise provided in subdivisions (2) and (5) of this subsection, and not take further action on the matter or participate in any way or act to influence a decision regarding the matter. After recusal, an officer may still take action on the matter if the officer is a party, as defined by section 1201 of this title, in a contested hearing or litigation and acts only in the officer’s capacity as a member of the public. The officer shall make a public statement explaining the officer’s recusal. (2)(A) Notwithstanding subdivision (1) of this subsection (b), an officer may continue to act in a matter involving the officer’s conflict of interest or appearance of a conflict of interest if the officer first: (i) determines there is good cause for the officer to proceed, meaning: (I) the conflict is amorphous, intangible, or otherwise speculative; (II) the officer cannot legally or practically delegate the matter; or (III) the action to be taken by the officer is purely ministerial and does not involve substantive decision-making; and (ii) the officer submits a written nonrecusal statement to the legislative body of the municipality regarding the nature of the conflict that shall: (I) include a description of the matter requiring action; (II) include a description of the nature of the potential conflict or actual conflict of interest; (III) include an explanation of why good cause exists so that the municipal officer can take action in the matter fairly, objectively, and in the public interest; (IV) be written in plain language and with sufficient detail so that the matter may be understood by the public; and (V) be signed by the municipal officer. (B) Notwithstanding subsection (A) of this subdivision (2), a municipal officer that would benefit from any contract entered into by the municipality and the officer, the officer’s immediate family, or an associated business of the officer or the officer’s immediate family, and 3 Page 38 of 40 whose official duties include execution of that contract, shall recuse themselves from any decision-making process involved in the awarding of that contract. (C) Notwithstanding subsection (A) of this subdivision (2), a municipal officer shall not continue to act in a matter involving the officer’s conflict of interest or appearance of a conflict of interest if authority granted to another official or public body elsewhere under law is exercised to preclude the municipal officer from continuing to act in the matter. (3) If an officer’s conflict of interest or the appearance of a conflict of interest concerns an official act or actions that take place outside a public meeting, the officer’s nonrecusal statement shall be filed with the clerk of the municipality and be available to the public for the duration of the officer’s service plus a minimum of five years. (4) If an officer’s conflict of interest is related to an official municipal act or actions considered at a public meeting, the officer’s nonrecusal statement shall be filed as part of the minutes of the meeting of the public body in which the municipal officer serves. (5) If, at a meeting of a public body, an officer becomes aware of a conflict of interest or the appearance of a conflict of interest for the officer and the officer determines there is good cause to proceed, the officer may proceed with the matter after announcing and fully stating the conflict on the record. The officer shall submit a written nonrecusal statement pursuant to subdivision (2) of this subsection within five business days after the meeting. The meeting minutes shall be subsequently amended to reflect the submitted written nonrecusal statement. (c) Authority to inquire about conflicts of interest. If a municipal officer is a member of a public body, the other members of that body shall have the authority to inquire of the officer about any possible conflict of interest or any appearance of a conflict of interest and to recommend that the member recuse themselves from the matter. (d) Confidential information. Nothing in this section shall require a municipal officer to disclose confidential information or information that is otherwise privileged under law. § 1993. PROHIBITED CONDUCT (a) Directing unethical conduct. A municipal officer shall not direct any individual to act in a manner that would: (1) benefit a municipal officer in a manner related to the officer’s conflict of interest; (2) create a conflict of interest or the appearance of a conflict of interest for the officer or for the directed individual; or (3) otherwise violate the Municipal Code of Ethics as described in this chapter. (b) Preferential treatment. A municipal officer shall act impartially and not unduly favor or prejudice any person in the course of conducting official business. An officer shall not give, or represent an ability to give, undue preference or special treatment to any person because of the person’s wealth, position, or status or because of a person’s personal relationship with the officer, unless otherwise permitted or required by State or federal law. (c) Misuse of position. A municipal officer shall not use the officer’s official position for the personal or financial gain of the officer, a member of the officer’s immediate family or household, or the officer’s business associate. 4 Page 39 of 40 (d) Misuse of information. A municipal officer shall not use nonpublic or confidential information acquired during the course of official business for personal or financial gain of the officer or for the personal or financial gain of a member of the officer’s immediate family or household or of an officer’s business associate. (e) Misuse of government resources. A municipal officer shall not make use of a town’s, city’s, or village’s materials, funds, property, personnel, facilities, or equipment, or permit another person to do so, for any purpose other than for official business unless the use is expressly permitted or required by State law; ordinance; or a written agency, departmental, or institutional policy or rule. An officer shall not engage in or direct another person to engage in work other than the performance of official duties during working hours, except as permitted or required by law or a written agency, departmental, or institutional policy or rule. (f) Gifts. (1) No person shall offer or give to a municipal officer or candidate, or the officer’s or candidate’s immediate family, anything of value, including a gift, loan, political contribution, reward, or promise of future employment based on any understanding that the vote, official action, or judgment of the municipal officer or candidate would be, or had been, influenced thereby. (2) A municipal officer or candidate shall not solicit or accept anything of value, including a gift, loan, political contribution, reward, or promise of future employment based on any understanding that the vote, official action, or judgment of the municipal officer or candidate would be or had been influenced thereby. (3) Nothing in subdivision (1) or (2) of this subsection shall be construed to apply to any campaign contribution that is lawfully made to a candidate or candidate’s committee pursuant to 17 V.S.A. chapter 61 or to permit any activity otherwise prohibited by 13 V.S.A. chapter 21. (g) Unauthorized commitments. A municipal officer shall not make unauthorized commitments or promises of any kind purporting to bind the municipality unless otherwise permitted by law. (h) Benefit from contracts. A municipal officer shall not benefit from any contract entered into by the municipality and the officer, the officer’s immediate family, or an associated business of the officer or the officer’s immediate family, unless: (1) the benefit is not greater than that of other individuals generally affected by the contract; (2) the contract is a contract for employment with the municipality; (3) the contract was awarded through an open and public process of competitive bidding; or (4) the total value of the contract is less than $2,000.00 5 Page 40 of 40