Vermont Statutes Title 20 Sec. 2407
Terms Used In Vermont Statutes Title 20 Sec. 2407
- Category A conduct: means :
- Category B conduct: means gross professional misconduct amounting to actions on duty or under authority of the State, or both, that involve willful failure to comply with a State-required policy, or substantial deviation from professional conduct as defined by the law enforcement agency's policy or if not defined by the agency's policy, then as defined by Council policy, and shall include:
- Chokehold: means the use of any maneuver on a person that employs a lateral vascular neck restraint, carotid restraint, or other action that applies any pressure to the throat, windpipe, or neck in a manner that limits the person's breathing or blood flow. See
- Domestic: when applied to a corporation, company, association, or copartnership shall mean organized under the laws of this State; "foreign" when so applied, shall mean organized under the laws of another state, government, or country. See
- 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
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- Valid investigation: means an investigation conducted pursuant to a law enforcement agency's established or accepted procedures. See
§ 2407. Limitation on Council sanctions
(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.)