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

  (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.)