§ 1227.
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/vt/title-3/chapter-31/1227A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 1227. Investigations [Effective September 1, 2027]
(a)Power to investigate. The Commission, through its Executive Director, may investigate public servants for alleged unethical conduct. The Commission may investigate alleged unethical conduct after receiving a complaint pursuant to section 1223 of this title. The Commission may also investigate suspected unethical conduct without receiving any complaint.
(b)Initiation of investigation by Commission vote. The Executive Director shall only initiate an investigation upon an affirmative vote to proceed with the investigation of unethical conduct by a majority of current members of the Commission who have not recused themselves.
(c)Statute of limitations. The Commission shall only initiate an investigation relating to unethical conduct that last occurred within the prior two years.
(d)Outside legal counsel and investigators. The Executive Director may appoint legal counsel, who shall be an attorney admitted to practice in this State, and investigators to assist with investigations, hearings, and issuance of warnings, reprimands, and recommended actions.
(e)Notice. The Executive Director shall notify the complainant and public servant, in writing, of any complaint being investigated.
(f)Complainant participation. A complainant shall have the right to be heard in an investigation resulting from the complaint.
(g)Timeline of investigation. An investigation shall conclude within six months after either the date of the complaint received or, in the event no complaint was received, the date of the investigation’s initiation by the Executive Director.
(h)Burden of proof. For a hearing to be warranted subsequent to an investigation, the Executive Director shall find that there is a reasonable basis to believe that the public servant’s conduct constitutes an unethical violation.
(i)Determination after investigation.
(1)Upon investigating the alleged unethical conduct, if the Executive Director determines that an evidentiary hearing is warranted, the Executive Director shall notify the Commission. If a majority of current members of the Commission who have not recused themselves vote in concurrence with the Executive Director’s determination that an evidentiary hearing is warranted, the Executive Director shall prepare an investigation report specifying the public servant’s alleged unethical conduct, a copy of which shall be served upon the public servant and any complainant, together with the notice of hearing set forth in section 1228 of this title.
(2)Upon investigating the alleged unethical conduct, if the Executive Director determines that an evidentiary hearing is not warranted, the Executive Director shall notify the Commission, the public servant, and any complainant, in writing, of the result of the investigation and the termination of proceedings. (Added 2023, No. 171 (Adj. Sess.), § 10, eff. September 1, 2027.)