Conflict of Interest

The Friends of Vermont Public Education have accused Senators Seth Bongartz of Bennington County, and Scott Beck of Caledonia, of violating Vermont’s ethics laws in their work on the education reform bill. Bongartz is closely connected with the Burr & Burton Seminary of Manchester, and Beck is an employee of the St. Johnsbury Academy, both private schools that will benefit mightily from the amendments that the two Senators attached to the bill in its final hours.

What is a conflict of interest?
Under Vermont law, a conflict of interest means “a direct or indirect interest of a public servant … in the outcome of a particular matter pending before the public servant…”

When faced with a possible conflict of interest…
The ethics law states, “In the public servant’s official capacity, the public servant shall avoid any conflict of interest or the appearance of a conflict of interest…public servants faced with a conflict, or the appearance of a conflict, shall publicly recuse themselves from the matter in question.”

Did Senators Bongartz and Beck recuse themselves?
No. They did the opposite, requesting seats on the Committee of Conference for H.454, the education reform bill, that contained several provisions for sending public taxpayer money to private schools such as theirs. Both actively participated in altering the language of the bill so as to benefit private schools in general, and their two private schools in particular.

How is the ethics law enforced?
By the State Ethics Commission, which “shall accept complaints from any source regarding governmental ethics in any of the three branches of State government…” In this case, “If the complaint is in regard to conduct committed by a State Senator, the Executive Director shall refer the complaint to the Senate Ethics Panel and shall request a report back from the Panel regarding the final disposition of the complaint.”

The Senate Ethics Panel shall “receive and investigate allegations of ethical violations of senators…and…recommend to the Senate any disciplinary action against a senator for an ethical or discriminatory violation…”

What’s the punishment?
The Ethics Commission “may issue warnings, reprimands, and recommended actions… if it finds that, by a preponderance of the evidence, the public servant committed unethical conduct.”

Many Vermonters will be watching closely as the complaint from the Friends of Vermont Public Education works its way through the State Ethics Commission and the Senate Ethics Panel.

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