Pushed energy legislation backed by ‘notable lobbyist’ with whom he was in relationship, Dame says

by Guy Page

The Vermont Republican Party on October 21 filed an ethics complaint against Senate Natural Resources and Energy Chair Sen. Chris Bray (D-Addison) because he allegedly “failed to disclose or recuse himself from matters related to a personal relationship he has developed with a notable lobbyist in Montpelier.”

That ‘notable lobbyist’ is Maggie Lenz, a former Finance Director for the Vermont Democratic Party now affiliated with Leonine Public Affairs, whose clients include supporters of the Renewable Energy Standard law passed this year with Bray’s strong support. The law, which requires instate renewable power to provide most of the state’s electricity, would cost about $10 billion to implement. 

The soft-spoken senior senator from Addison County’s personal relationship with lobbyist Maggie Lenz was reported June 26 in VDC. Neither Bray nor Lenz opted to comment for that story, nor have they since then. 

Dame’s complaint was filed 15 days before the November 5 general election, in which Bray faces a tough challenge from two GOP candidates, especially Steve Heffernan. He claims that “around the time Bray entered into a relationship with Maggie Lenz, a Vice President at Leonine Public Affairs, he began championing causes and legislation supported by Leonine and their clients. This includes, among other bills, the controversial Renewable Energy Standard—supported by Green Mountain Power, a key Leonine client—which Bray voted for in committee, delivered the committee report for, voted to advance to third reading, voted to override Governor Scott’s veto on, and publicly championed with advocacy groups.”

For many years, Bray has consistently used his significant influence as committee chair to create and push legislation for carbon reduction, renewable energy, hunting restrictions, public control of land. He has refused to effectively relax Act 250 in order to allow more home construction in rural areas. 

“At best, Bray’s actions—and particularly his authority as Chair of the Senate Committee  on Natural Resources—reflect poorly on his ethical judgement as they created the  appearance of a conflict of interest,” Dame said. “At worst, they are indicative of an actual conflict of  interest where a sitting State Senator who chairs a committee used his influence to alter  public policy in a manner which inappropriately accommodates a personal/romantic relationship with a lobbyist.”  

Dame said the matter came to his attention after he read a letter to the editor by a former supporter of Bray’s. Bray’s apparent conflict of interest didn’t sit well with at least one other active Democrat, Jeannette Bair of Hancock, a librarian who testified in support of a 2023 study law that led to the controversial 2024 law banning parents from knowing what books and internet articles their teenaged parents are viewing. 

In a letter printed in the August 8 Addison Independent just days before the contested August primary, Bair wrote: 

An Open Letter to Senator Bray – I am so disappointed in you for your lapses of both ethics and judgment during the last session of the Legislature. As chair of the Natural Resources and Energy Committee and having an intimate partner with a financial stake in the outcome of bills pending before the committee, you put both your reputation and your constituents’ best interests in question.

Your personal relationship with a lobbyist is fraught with the appearance of impropriety at best and actual undue influence to benefit her clients at worst.

As a constituent, I can no longer support you for re-election. Voters need to remove you from office since you did not have the ethics to remove yourself from chair of the Senate Natural Resources and Energy Committee. – Jeannette Bair, Hancock

Bray and fellow incumbent Ruth Hardy were re-nominated, defeating challenger Rep. Caleb Elder. 

It remains to be seen whether the Vermont Ethics Commission will take action against Bray. 

One set of ethics rules for legislators, another for all other public servants

There are two bodies overseeing Senate ethics complaints: the Vermont Ethics Commission, overseeing all public servants including legislators, and the Senate Ethics Panel. Dame’s complaint went to the Vermont Ethics Commission.

As noted by Dame in his October 21 complaint, the Vermont Ethics Commission guidelines state that “public servants faced with a conflict, or the appearance of a conflict, shall publicly recuse themselves from the matter in question” and “if the public servant believes they may proceed with the matter despite the conflict, they must disclose the conflict in writing.’”

The Vermont Code of Ethics passed in 2017 “applies to all individuals elected or appointed to serve as officers of the State, all individuals elected or appointed to serve as members of the General Assembly, all State employees, all individuals appointed to serve on State boards and commissions, and individuals who in any other way are authorized to act or speak on behalf of the State.”

However, in writing the 2017 law, the Legislature made an exception for itself:

“(1) Legislative Branch. A member of the General Assembly shall comply with Legislative Branch rules and policies regarding the course of action a public servant may take when confronted with a conflict of interest, or the appearance of a conflict of interest, that is related to core legislative functions or duties.”

And those “rules and policies” appear less stringent on the matter of recusal and disclosure:

“The right of members to represent their constituencies is of such major importance that members should be barred from voting on proposals of direct personal interest only in clear cases and when the proposal is particularly personal.” 

The two sets of rules have occasioned criticism of ‘ethics oversight for thee, but not for me.’ In any case, the Senate Ethics Panel has neither received nor reviewed any complaints in the last two bienniums. 

VDC asked Bray, Hardy, Heffernan and Cochran to comment on Dame’s ethics complaint. As of 12:15 PM today only Cochran has responded: “Although the allegations against Senator Bray are concerning, I will not pass judgement based on rumors. Let us see where the ethics investigation goes and get all the facts first. That being said, if Addison District voters are looking for a Senator with zero relationships with any lobbyists, PACs, or special interest groups, I invite them to vote for me.”