The Vermont Statutes Online

Title 20 : Internal Security and Public Safety

Chapter 151 : Vermont Criminal Justice Council

Subchapter 002 : UNPROFESSIONAL CONDUCT

• § 2407. Limitation on Council sanctions [Effective until January 1, 2025; see also 20 V.S.A. § 2407 effective January 1, 2025 set out below]

  (a) Council sanctions; first offense of Category A and certain Category B conduct. After a valid investigation of Category A and Category B conduct made pursuant to section 2404 of this title concludes, the Council may impose a sanction for a first offense of:

  (1) Category A conduct as defined in subdivision 2401(1) of this title; or

  (2) the following instances of Category B conduct as defined in subdivision 2401(2) of this title:

  (A) sexual harassment involving physical contact pursuant to subdivision 2401(2)(A) of this title;

  (B) excessive use of force under authority of the State pursuant to subdivision 2401(2)(C) of this title;

  (C) placing a person in a chokehold pursuant to subdivision 2401(2)(F) of this title;

  (D) failing to intervene and report to a supervisor when an officer observes another officer placing a person in a chokehold or using excessive force pursuant to subdivision 2401(2)(G) of this title;

  (E) attempting to cause or causing physical harm to a family or household member, or placing a family or household member in fear of imminent serious physical harm pursuant to subdivision 2401(2)(H) of this title; or

  (F) a violation of the Domestic Violence Involving Law Enforcement Model Policy adopted pursuant to section 2365 of this title pursuant to subdivision 2401(2)(I) of this title.

  (b) Council action; second or subsequent offense of certain other Category B conduct. After a valid investigation of Category B conduct made pursuant to section 2404 of this title concludes, the Council may impose a sanction for an offense of Category B conduct not specified in subdivision (a)(2) of this section only for the second or subsequent offense.

  (c) “Offense” defined. As used in this section, an “offense” means any offense committed by a law enforcement officer during the course of the law enforcement officer’s certification, and includes any offenses committed during employment at a current or previous law enforcement agency. (Added 2017, No. 56, § 1, eff. July 1, 2018; amended 2019, No. 147 (Adj. Sess.), § 5, eff. Sept. 1, 2020; 2021, No. 27, § 6, eff. Oct. 1, 2021; 2023, No. 74, § 4, eff. June 19, 2023.)

• § 2407. Limitation on Council sanctions [Effective January 1, 2025; see also 20 V.S.A. § 2407 effective until January 1, 2025 set out above]

  (a) Offenses of Category A and Category C conduct. After a valid investigation of Category A and Category C conduct made pursuant to section 2404 of this title concludes, the Council may impose a sanction for a first or subsequent offense of Category A or C conduct.

  (b) First offense of Category B conduct. After a valid investigation of Category B conduct made pursuant to section 2404 of this title concludes, the Council may impose a sanction for a first offense of Category B conduct only to the extent the sanction does not surpass any disciplinary action taken against the law enforcement officer by the law enforcement agency for the same alleged conduct, unless:

  (1) the law enforcement officer is terminated for the same alleged conduct or resigns;

  (2) the alleged conduct is committed by a law enforcement agency’s executive officer;

  (3) pursuant to section 2408 of this title, the law enforcement agency fails to conduct a valid investigation of the alleged conduct; or

  (4) the disciplinary action taken against the law enforcement officer by the law enforcement agency is clearly unreasonable considering the following factors:

  (A) the nature and seriousness of the offense;

  (B) the law enforcement officer’s job level, certification level, and type of employment;

  (C) the law enforcement officer’s past disciplinary record;

  (D) the law enforcement officer’s work record;

  (E) the effect of the offense on the law enforcement officer’s ability to perform satisfactorily;

  (F) the consistency of the penalty with those imposed upon other similarly situated law enforcement officers;

  (G) the consistency of the penalty with any applicable agency table of penalties;

  (H) the notoriety of the offense or its impact on the reputation of the law enforcement agency or law enforcement agencies as a whole across the State;

  (I) the clarity of notice;

  (J) the potential for the law enforcement officer’s rehabilitation;

  (K) mitigating circumstances surrounding the offense; and

  (L) the adequacy and effectiveness of alternative sanctions to deter such conduct in the future.

  (c) Second or subsequent offense of Category B conduct. After a valid investigation of Category B conduct made pursuant to section 2404 of this title concludes, the Council may impose a sanction for a second or subsequent offense of Category B conduct.

  (d) “Offense” defined. As used in this section, an “offense” means any offense committed by a law enforcement officer during the course of the law enforcement officer’s certification, and includes any offenses committed during employment at a current or previous law enforcement agency. (Added 2017, No. 56, § 1, eff. July 1, 2018; amended 2019, No. 147 (Adj. Sess.), § 5, eff. Sept. 1, 2020; 2021, No. 27, § 6, eff. Oct. 1, 2021; 2023, No. 74, § 4, eff. June 19, 2023; 2023, No. 124 (Adj. Sess.), § 5, eff. January 1, 2025.)