Muyni
← Back to Burlington

Ordinance Committee

Regular Meeting

Burlington, VT · November 20, 2025

AgendaPacketMinutes

Minutes

Ordinance Committee Thursday, November 20, 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), Bill Ward (Director of DPI) Public Present: Evan Litwin (City Councilor), Sharon Bushor Meeting called to order at 2:02 PM. 1. Adopt the Agenda 1.1 Adopt the Agenda Motion to Adopt Agenda. Motion by Councilor Carpenter, Seconded by Councilor Barlow. Final Resolution: Motion Passes Yes: Unanimous 2. Adopt Draft Minutes 2.1 Adopt Draft Minutes from November 7th. No minutes available to adopt. 3. Public Forum Sharon Bushor: I am unsure about the financial disclosure ordinance. I think the information like employer could be helpful for the City Attorney’s Office for helping decide on a conflict of interest. If disclosure is not put into the ordinance it could also go in the Council rules. 4. Fuel Purchase Ordinance Discussion Move that the Ordinance Committee find that premature general public knowledge of legal advice regarding Agenda Items 4 and 5 would clearly place the City at a substantial disadvantage. Motion by Councilor Barlow, Seconded by Councilor Carpenter Final Resolution: Motion Passes Yes: Unanimous Based upon that finding, move that the Ordinance Committee go into executive session to receive confidential attorney-client communications for Agenda Items 4 and 5. 1 VSA §313(a)(1)(F). Motion by Councilor Barlow, Seconded by Councilor Carpenter Page 1 of 2 Final Resolution: Motion Passes Yes: Unanimous Motion to come out of Executive Session. Motion by Councilor Barlow, Seconded by Councilor Carpenter Final Resolution: Motion Passes Yes: Unanimous Councilor Carpenter inquired who requires the debit card hold, the gas station itself, the bank, or the fuel company? Bill Ward (Director of DPI) said he can research the issue. He continued that there are 13 gas stations in the City and he could inform managers of a potential hearing about this issue and see if they have comments. Councilor Barlow inquired if it might be a bank processor rather than the gas station itself. Evan Litwin (City Councilor) said that, from his understanding, the gas station sets the amount of the hold and the bank/processor determines the hold time for that amount. He continued that large banks usually process the transactions more quickly. Evan Litwin also said that if a customer prepays with a debit card with their PIN then there is no hold. Councilor Bergman asked for an update on the legal matters discussed and set a date and time for a hearing in the future. Evan Litwin said that Dave Hartnett, a previous City Councilor, was a gas station manager for a long time and was willing to discuss this issue. Councilor Bergman moved to take up the issue again on December 18th. 5. Private Parking Lot Terms and Rate Discussion This agenda item was discussed in executive session as noted above and not discussed otherwise in the meeting. 6. Financial Disclosure Ordinance Discussion Councilor Barlow said his position is that the state legislator form given as an example is not right for the City and that the City could have a different form that asks for different information. Councilor Carpenter said she was interested in having a candidate disclosure form that would have candidates declare any conflicts of interest they might have rather than being concerned only with financials. The Committee will examine the draft form and make changes in a future meeting. 7. Adjournment The meeting was adjourned at 5:26 PM. Page 2 of 2

Agenda

Thursday, November 20, 2025, 3:30 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM When: Nov 20, 2025 03:30 PM Eastern Time (US and Canada) Topic: Ordinance Committee Meeting Join from PC, Mac, iPad, or Android: https://zoom.us/j/92135553662 Phone one-tap: +16469313860,,92135553662# US +19292056099,,92135553662# US (New York) Join via audio: +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 +1 312 626 6799 US (Chicago) +1 346 248 7799 US (Houston) +1 360 209 5623 US +1 386 347 5053 US +1 507 473 4847 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) Webinar ID: 921 3555 3662 International numbers available: https://zoom.us/u/aeqCqgVXOO [IGNORE_INDENT] 1. Agenda 1.1. Motion to amend/adopt agenda 2. Adopt Draft Minutes Subject 2.1. Adopt Draft Minutes from 11/7 Meeting November 20, 2025 - Ordinance Committee Meeting Agenda - Thursday, November 20, 2025, 3:30 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 2. Adopt Draft Minutes Department Council and Board Type Recommended Action 3. Public Forum Subject 3.1. Verbal Comments Meeting November 20, 2025 - Ordinance Committee Meeting Agenda - Thursday, November 20, 2025, 3:30 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 3. Public Forum Department Council and Board Type 4. Fuel Purchase Ordinance Discussion Subject 4.1. Fuel Purchase Ordinance Discussion Meeting November 20, 2025 - Ordinance Committee Meeting Agenda - Thursday, November 20, 2025, 3:30 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 4. Fuel Purchase Ordinance Discussion Department Council and Board Type Recommended Action Subject 4.2. Executive Session to receive confidential attorney-client communications for the purpose of providing professional legal services to the Committee Motion 1: Move that the Ordinance Committee find that premature general public knowledge of legal advice would clearly place the City at a substantial disadvantage; Motion 2: Based upon that finding, move that the Ordinance Committee go into executive session to receive confidential attorney-client communications. 1 VSA §313(a)(1)(F) Meeting November 20, 2025 - Ordinance Committee Meeting Agenda - Thursday, November 20, 2025, 3:30 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 4. Fuel Purchase Ordinance Discussion Department Council and Board Type Recommended Action 5. Private Parking Lot Terms and Rate Discussion Subject 5.1. Private Parking Lot Terms and Rate Discussion Meeting November 20, 2025 - Ordinance Committee Meeting Agenda - Thursday, November 20, 2025, 3:30 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 5. Private Parking Lot Terms and Rate Discussion Department Council and Board Type Recommended Action Subject 5.2. Executive Session to receive confidential attorney-client communications for the purpose of providing professional legal services to the Committee Motion 1: Move that the Ordinance Committee find that premature general public knowledge of legal advice would clearly place the City at a substantial disadvantage; Motion 2: Based upon that finding, move that the Ordinance Committee go into executive session to receive confidential attorney-client communications. 1 VSA §313(a)(1)(F). Meeting November 20, 2025 - Ordinance Committee Meeting Agenda - Thursday, November 20, 2025, 3:30 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 5. Private Parking Lot Terms and Rate Discussion Department Council and Board Type Recommended Action 6. Financial Disclosure Ordinance Discussion Subject 6.1. Financial Disclosure Ordinance Discussion Meeting November 20, 2025 - Ordinance Committee Meeting Agenda - Thursday, November 20, 2025, 3:30 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 6. Financial Disclosure Ordinance Discussion Department Council and Board Type Recommended Action 7. Adjournment Subject 7.1. Motion to adjourn Meeting November 20, 2025 - Ordinance Committee Meeting Agenda - Thursday, November 20, 2025, 3:30 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 7. Adjournment Department Council and Board Type Recommended Action

Packet

Thursday, November 20, 2025, 3:30 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM When: Nov 20, 2025 03:30 PM Eastern Time (US and Canada) Topic: Ordinance Committee Meeting Join from PC, Mac, iPad, or Android: https://zoom.us/j/92135553662 Phone one-tap: +16469313860,,92135553662# US +19292056099,,92135553662# US (New York) Join via audio: +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 +1 312 626 6799 US (Chicago) +1 346 248 7799 US (Houston) +1 360 209 5623 US +1 386 347 5053 US +1 507 473 4847 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) Webinar ID: 921 3555 3662 International numbers available: https://zoom.us/u/aeqCqgVXOO [IGNORE_INDENT] 1. Agenda 1.1. Motion to amend/adopt agenda 2. Adopt Draft Minutes Subject 2.1. Adopt Draft Minutes from 11/7 Meeting November 20, 2025 - Ordinance Committee Meeting Agenda - Thursday, November 20, 2025, 3:30 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 2. Adopt Draft Minutes Department Council and Board Type Page 1 of 39 Recommended Action 3. Public Forum Subject 3.1. Verbal Comments Meeting November 20, 2025 - Ordinance Committee Meeting Agenda - Thursday, November 20, 2025, 3:30 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 3. Public Forum Department Council and Board Type 4. Fuel Purchase Ordinance Discussion Subject 4.1. Fuel Purchase Ordinance Discussion Meeting November 20, 2025 - Ordinance Committee Meeting Agenda - Thursday, November 20, 2025, 3:30 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 4. Fuel Purchase Ordinance Discussion Department Council and Board Type Recommended Action Subject 4.2. Executive Session to receive confidential attorney-client communications for the purpose of providing professional legal services to the Committee Motion 1: Move that the Ordinance Committee find that premature general public knowledge of legal advice would clearly place the City at a substantial disadvantage; Motion 2: Based upon that finding, move that the Ordinance Committee go into executive session to receive confidential attorney-client communications. 1 VSA §313(a)(1)(F) Meeting November 20, 2025 - Ordinance Committee Meeting Agenda - Thursday, November 20, 2025, 3:30 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 4. Fuel Purchase Ordinance Discussion Department Council and Board Type Recommended Action 5. Private Parking Lot Terms and Rate Discussion Subject 5.1. Private Parking Lot Terms and Rate Discussion Meeting November 20, 2025 - Ordinance Committee Meeting Agenda - Thursday, November 20, 2025, 3:30 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 5. Private Parking Lot Terms and Rate Discussion Department Council and Board Page 2 of 39 Type Recommended Action Subject 5.2. Executive Session to receive confidential attorney-client communications for the purpose of providing professional legal services to the Committee Motion 1: Move that the Ordinance Committee find that premature general public knowledge of legal advice would clearly place the City at a substantial disadvantage; Motion 2: Based upon that finding, move that the Ordinance Committee go into executive session to receive confidential attorney-client communications. 1 VSA §313(a)(1)(F). Meeting November 20, 2025 - Ordinance Committee Meeting Agenda - Thursday, November 20, 2025, 3:30 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 5. Private Parking Lot Terms and Rate Discussion Department Council and Board Type Recommended Action 6. Financial Disclosure Ordinance Discussion Subject 6.1. Financial Disclosure Ordinance Discussion Meeting November 20, 2025 - Ordinance Committee Meeting Agenda - Thursday, November 20, 2025, 3:30 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 6. Financial Disclosure Ordinance Discussion Department Council and Board Type Recommended Action 7. Adjournment Subject 7.1. Motion to adjourn Meeting November 20, 2025 - Ordinance Committee Meeting Agenda - Thursday, November 20, 2025, 3:30 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 39 From: Jonathan Chapple-Sokol Date: November 8, 2025 Re: Sources of Revenue Not Considered in State Financial Disclosure Form Per the conversation at yesterday's Ordinance Committee meeting, here are the sources I came up with that seem to me to be sensible to include in a disclosure policy. I would not call the list comprehensive, and I don't know if these items can even be legally asked for, but the list should give the general idea. A stronger definition of personal income, that includes all resources for living: Wages, Investments, Services, Support (and their sources, so that if I, for example, provided a service or gift to a candidate, then my sources of income should be reported), if they exceed a cash value threshold, including: • Gifts, monetary and other (cash equivalent) • Tuition, housing, living expenses provided by family member (or anyone, and including grant/fellowships) • Other housing support • Services freely provided (child care, house maintenance/cleaning,…) • Alimony/Child Support • Gifted trips Page 4 of 39 Page 5 of 39 Page 6 of 39 Page 7 of 39 Page 8 of 39 Page 9 of 39 Page 10 of 39 Page 11 of 39 Page 12 of 39 Page 13 of 39 Page 14 of 39 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 15 of 39 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 16 of 39 Page 17 of 39 Page 18 of 39 Page 19 of 39 Page 20 of 39 Page 21 of 39 Page 22 of 39 Page 23 of 39 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 24 of 39 (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 25 of 39 (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 26 of 39 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 27 of 39 (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 28 of 39 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 29 of 39 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 30 of 39 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 31 of 39 (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 32 of 39 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 33 of 39 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 34 of 39 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 35 of 39 (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 36 of 39 Candidates for Vermont StatewideBurlington City Council … 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 20235. 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 Commented [KS1]: $5,000 or more? %? 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 37 of 39 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 38 of 39 (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 39 of 39
Ordinance Committee — Burlington, VT