Citizens United
means of campaign spending.
Recusal rules are more restrictive for
Vermont appointed officials than for elected officials. An Executive Order issued by
Vermont Governor Peter Shumlin on July
21, 2011, explicitly includes a wide range
of anti-corruption provisions, including a
recusal rule.14 The Executive Order prohibits an executive branch appointee from taking “any action in any particular matter in
which he or she has either a conflict of interest or the appearance of a conflict of interest . . . .”15 It prohibits an appointee from
“[u]ndermining his or her independence
or impartiality or action;” or “[t]aking official action on the basis of unfair considerations;” or “[g]iving preferential treatment
to any private interest on the basis of unfair
considerations.”16
The Governor’s Executive Order recognizes that “any payment, gift or favor
from any private interest” can create a
conflict of interest for an appointed official.17 Strangely, however, no Vermont law
requires similar recognition of conflict by
Vermont elected officials when they take
action on a matter of interest to a business
that invested a substantial amount of money to help elect the official.
Businesses that invest money in electioneering may commonly expect a return on
that investment through passage of particular legislation. This is a matter of “IOUs,
if you will, real or perceived to be there”
as described by Vermont Attorney General
28
THE VERMONT BAR JOURNAL • SUMMER 2016
www.vtbar.org