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Searching 2021-2022 Session

The Vermont Statutes Online

 

Title 20 : Internal Security and Public Safety

Chapter 151 : VERMONT CRIMINAL JUSTICE COUNCIL

Subchapter 002 : Unprofessional Conduct

(Cite as: 20 V.S.A. § 2406)
  • § 2406. Permitted Council sanctions

    (a) Generally. The Council may impose any of the following sanctions on a law enforcement officer's certification upon its finding that a law enforcement officer committed unprofessional conduct:

    (1) written warning;

    (2) suspension, but to run concurrently with the length and time of any suspension imposed by a law enforcement agency with an effective internal affairs program, which shall amount to suspension for time already served if an officer has already served a suspension imposed by his or her agency with such a program;

    (3) revocation, with the option of recertification at the discretion of the Council; or

    (4) permanent revocation.

    (b) Intended revocation; temporary voluntary surrender.

    (1)(A) If, after an evidentiary hearing, the Council intends to revoke a law enforcement officer's certification due to its finding that the officer committed unprofessional conduct, the Council shall issue a decision to that effect.

    (B) Within 10 business days from the date of that decision, such an officer may voluntarily surrender his or her certification if there is a pending labor proceeding related to the Council's unprofessional conduct findings.

    (C) A voluntary surrender of an officer's certification shall remain in effect until the labor proceeding and all appeals are finally adjudicated or until the officer requests a final sanction hearing, whichever occurs first, and thereafter until the Council's final sanction hearing on the matter. At that hearing, the Council may modify its findings and decision on the basis of additional evidence, but shall not be bound by any outcome of the labor proceeding.

    (2) If an officer fails to voluntarily surrender his or her certification in accordance with subdivision (1) of this subsection, the Council's original findings and decision shall take effect. (Added 2017, No. 56, § 1, eff. July 1, 2018.)