Vermont Statutes Title 20 Sec. 2406
Terms Used In Vermont Statutes Title 20 Sec. 2406
- Effective internal affairs program: means that a law enforcement agency does all of the following:
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Law enforcement agency: means the employer of a law enforcement officer. See
- Law enforcement officer: means a member of the Department of Public Safety who exercises law enforcement powers; a member of the State Police; a Capitol Police officer; a municipal police officer; a constable who exercises law enforcement powers; a motor vehicle inspector; an employee of the Department of Liquor and Lottery who exercises law enforcement powers; an investigator employed by the Secretary of State; a Board of Medical Practice investigator employed by the Department of Health; an investigator employed by the Attorney General or a State's Attorney; a fish and game warden; a sheriff; a deputy sheriff who exercises law enforcement powers; a railroad police officer commissioned pursuant to 5 Vt. See
- Unprofessional conduct: means Category A, B, or C conduct. See
§ 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.)