| 1 | 1 | | BILL AS INTRODUCED H.59 |
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| 2 | 2 | | 2025 Page 1 of 9 |
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| 5 | 5 | | VT LEG #379384 v.1 |
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| 6 | 6 | | H.59 1 |
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| 7 | 7 | | Introduced by Representative Hooper of Burlington 2 |
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| 8 | 8 | | Referred to Committee on 3 |
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| 9 | 9 | | Date: 4 |
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| 10 | 10 | | Subject: Municipal and county government; municipal charters; City of 5 |
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| 11 | 11 | | Burlington; amendments 6 |
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| 12 | 12 | | Statement of purpose of bill as introduced: This bill proposes to approve the 7 |
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| 13 | 13 | | amendments to the charter of the City of Burlington to authorize: 8 |
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| 14 | 14 | | (1) the Board of Police Commissioners and the Chief of Police to jointly 9 |
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| 15 | 15 | | propose rules and regulations governing the City Police Department; 10 |
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| 16 | 16 | | (2) the Board of Police Commissioners to receive and review all 11 |
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| 17 | 17 | | allegations of misconduct by members of the City Police Department and to 12 |
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| 18 | 18 | | establish procedures for the Board’s review, independent investigation, and 13 |
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| 19 | 19 | | recommendations concerning alleged misconduct; and 14 |
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| 20 | 20 | | (3) the Board of Police Commissioners to request the formation of an 15 |
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| 21 | 21 | | independent panel to resolve disagreements between the Chief of Police and 16 |
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| 22 | 22 | | the Board of Police Commissioners concerning the Board’s recommendations 17 |
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| 23 | 23 | | after an investigation of alleged misconduct. 18 |
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| 24 | 24 | | An act relating to approval of amendments to the charter of the City of 19 |
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| 25 | 25 | | Burlington 20 BILL AS INTRODUCED H.59 |
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| 26 | 26 | | 2025 Page 2 of 9 |
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| 27 | 27 | | |
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| 28 | 28 | | |
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| 29 | 29 | | VT LEG #379384 v.1 |
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| 30 | 30 | | It is hereby enacted by the General Assembly of the State of Vermont: 1 |
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| 31 | 31 | | Sec. 1. CHARTER AMENDMENT APPROVAL 2 |
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| 32 | 32 | | The General Assembly approves the amendments to the charter of the City 3 |
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| 33 | 33 | | of Burlington as set forth in this act. The voters approved the proposals of 4 |
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| 34 | 34 | | amendment on November 5, 2024. 5 |
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| 35 | 35 | | Sec. 2. 24 App. V.S.A. chapter 3 is amended to read: 6 |
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| 36 | 36 | | CHAPTER 3. CITY OF BURLINGTON 7 |
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| 37 | 37 | | * * * 8 |
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| 38 | 38 | | § 183. BOARD OF POLICE COMMISSIONERS; COMPOSITION; TERMS 9 |
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| 39 | 39 | | The Board of Police Commissioners shall consist of seven legal voters of 10 |
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| 40 | 40 | | said the City and should represent the diverse nature of the City’s constituents, 11 |
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| 41 | 41 | | including those from historically marginalized communities, to be appointed 12 |
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| 42 | 42 | | by the City Council with Mayor presiding to serve for three years and until 13 |
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| 43 | 43 | | their successors are appointed and qualified. 14 |
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| 44 | 44 | | § 184. SAME—POWERS AND DUTIES 15 |
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| 45 | 45 | | (a) The City Council shall make rules and regulations for the government 16 |
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| 46 | 46 | | of the entire police force Police Department and shall fix the qualifications of 17 |
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| 47 | 47 | | applicants for positions and service on said force the Department and, to the 18 |
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| 48 | 48 | | extent permitted by applicable law, the Chief of Police shall furnish the City 19 |
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| 49 | 49 | | Council with any information they may require concerning the finances of the 20 |
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| 50 | 50 | | Police Department. The Chief of Police shall be responsible for all 21 BILL AS INTRODUCED H.59 |
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| 51 | 51 | | 2025 Page 3 of 9 |
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| 52 | 52 | | |
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| 53 | 53 | | |
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| 54 | 54 | | VT LEG #379384 v.1 |
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| 55 | 55 | | expenditures made by the Police Department and no expenditures shall be 1 |
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| 56 | 56 | | made by the Department except in conformity with the standards promulgated 2 |
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| 57 | 57 | | by the City Council. 3 |
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| 58 | 58 | | (b) The Board of Police Commissioners shall have such authority and 4 |
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| 59 | 59 | | responsibility relating to the management, auditing, or monitoring of the Police 5 |
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| 60 | 60 | | Department, its services, and facilities as may be delegated from time to time 6 |
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| 61 | 61 | | by resolution, ordinance, and order of the City Council. Said The Board shall 7 |
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| 62 | 62 | | notify the Mayor and, the Chief Administrative Officer, and the City Council, 8 |
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| 63 | 63 | | in writing, of any and all changes, modifications, or additions to the rules and 9 |
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| 64 | 64 | | regulations of the Department. 10 |
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| 65 | 65 | | (c) Without limitation to the foregoing, the Board of Police Commissioners 11 |
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| 66 | 66 | | and the Chief of Police may propose rules and regulations for the government 12 |
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| 67 | 67 | | of the entire Police Department in a manner not inconsistent with those 13 |
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| 68 | 68 | | established by the City Council. Adoption of the proposed rules and 14 |
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| 69 | 69 | | regulations requires joint approval by the Board of Police Commissioners and 15 |
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| 70 | 70 | | the Chief of Police. In the event joint approval is not provided by the Board of 16 |
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| 71 | 71 | | Police Commissioners and the Chief of Police, either party may bring forward 17 |
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| 72 | 72 | | to the City Council the proposed rule or regulation for the City Council’s 18 |
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| 73 | 73 | | consideration. 19 |
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| 74 | 74 | | (d) The Board of Police Commissioners shall have the authority to receive 20 |
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| 75 | 75 | | and review all civilian and internal allegations of misconduct by members of 21 BILL AS INTRODUCED H.59 |
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| 77 | 77 | | |
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| 78 | 78 | | |
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| 79 | 79 | | VT LEG #379384 v.1 |
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| 80 | 80 | | the Police Department. The Mayor’s proposed budget and the City Council 1 |
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| 81 | 81 | | shall annually appropriate an amount necessary for the adequate support and 2 |
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| 82 | 82 | | facilitation of such review. To the greatest extent permitted by law, the Chief 3 |
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| 83 | 83 | | of Police shall provide the Board of Police Commissioners timely updates of 4 |
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| 84 | 84 | | any review, investigation, or disposition of alleged misconduct. The Board of 5 |
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| 85 | 85 | | Police Commissioners shall have the ability to request additional information 6 |
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| 86 | 86 | | from the Chief of Police and access to those documents or other evidence 7 |
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| 87 | 87 | | relied upon by the Chief of Police in reviewing allegations of misconduct as 8 |
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| 88 | 88 | | the City Council shall designate by ordinance. For complaints of alleged 9 |
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| 89 | 89 | | misconduct that constitute an offense subject to an investigation of the 10 |
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| 90 | 90 | | Vermont Criminal Justice Training Council pursuant to 20 V.S.A § 2401 et 11 |
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| 91 | 91 | | seq. or for which the Chief of Police intends to impose discipline constituting 12 |
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| 92 | 92 | | loss of pay, suspension, or termination, the complaint shall not be disposed 13 |
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| 93 | 93 | | until the Board of Police Commissioners is notified of the proposed 14 |
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| 94 | 94 | | disposition. 15 |
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| 95 | 95 | | (e)(1) After receiving notice from the Chief of Police of the recommended 16 |
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| 96 | 96 | | or actual disposition relating to the review of alleged misconduct, the Board of 17 |
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| 97 | 97 | | Police Commissioners shall have the authority to: 18 |
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| 98 | 98 | | (A) recommend an alternative disposition to the Chief of Police 19 |
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| 99 | 99 | | within a time established by ordinance; or 20 BILL AS INTRODUCED H.59 |
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| 102 | 102 | | |
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| 103 | 103 | | VT LEG #379384 v.1 |
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| 104 | 104 | | (B) independently investigate any allegation of misconduct by 1 |
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| 105 | 105 | | members of the Police Department upon a two-thirds majority vote. 2 |
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| 106 | 106 | | (2) An investigation or review shall be conducted by an independent 3 |
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| 107 | 107 | | investigator hired by the Board of Police Commissioners and approved by the 4 |
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| 108 | 108 | | City Attorney’s Office, and completed within a time established by ordinance. 5 |
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| 109 | 109 | | (3) Upon the conclusion of such an investigation, the Board of Police 6 |
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| 110 | 110 | | Commissioners may make a recommendation per subdivision (1)(A) of this 7 |
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| 111 | 111 | | subsection. The Board of Police Commissioners shall not have the authority to 8 |
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| 112 | 112 | | investigate or impose discipline upon the Chief of Police. Matters regarding 9 |
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| 113 | 113 | | the alleged misconduct of the Chief of Police shall be addressed in conformity 10 |
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| 114 | 114 | | with subsection 190(b) of this charter and other relevant Vermont statutes. 11 |
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| 115 | 115 | | (f) Upon receiving a recommendation by the Board of Police 12 |
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| 116 | 116 | | Commissioners in subsection (e) of this section, the Chief of Police may accept 13 |
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| 117 | 117 | | the recommendation subject to the notice and hearing provisions in Article 62, 14 |
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| 118 | 118 | | subsection 190(a) of this charter or reject the recommendation. In the event 15 |
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| 119 | 119 | | the Chief of Police rejects the recommendation, the Chief of Police shall 16 |
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| 120 | 120 | | immediately notify the Board of Police Commissioners. Upon receiving notice 17 |
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| 121 | 121 | | of the rejection, the Board of Police Commissioners may, upon a two-thirds 18 |
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| 122 | 122 | | majority vote, request that an independent panel decide the disposition of the 19 |
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| 123 | 123 | | matter within a time established by ordinance, subject to the notice and hearing 20 |
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| 124 | 124 | | provisions set forth in Article 62, subsection 190(a) of this charter. The 21 BILL AS INTRODUCED H.59 |
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| 126 | 126 | | |
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| 127 | 127 | | |
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| 128 | 128 | | VT LEG #379384 v.1 |
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| 129 | 129 | | disposition of the independent panel shall be final, subject to any applicable 1 |
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| 130 | 130 | | right of appeal or grievance process. This independent panel shall consist of 2 |
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| 131 | 131 | | three to five persons appointed per ordinance. 3 |
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| 132 | 132 | | § 185. OFFICERS OF POLICE FORCE DEPARTMENT DESIGNATED 4 |
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| 133 | 133 | | (a) The direction and control of the entire police force Police Department, 5 |
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| 134 | 134 | | except as herein otherwise provided, shall be vested in a police officer who 6 |
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| 135 | 135 | | shall be called the Chief of Police, and such other ranking police officers as the 7 |
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| 136 | 136 | | City Council shall authorize, subject to the ordinances, resolutions, and orders 8 |
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| 137 | 137 | | of the city council; and, provided that the Mayor shall retain the powers and 9 |
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| 138 | 138 | | duties of chief executive officer pursuant to section 116 of this charter. The 10 |
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| 139 | 139 | | order of rank and succession within the Police Department shall be as 11 |
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| 140 | 140 | | designated by the City Council by regulation. 12 |
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| 141 | 141 | | (b) Except as herein otherwise provided, such the officers shall have the 13 |
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| 142 | 142 | | powers and duties granted to police officers by Vermont law and assigned to 14 |
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| 143 | 143 | | them by regulations adopted under section 184 of this charter. 15 |
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| 144 | 144 | | * * * 16 |
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| 145 | 145 | | § 190. CHIEF OF POLICE MAY REMOVE MEMBER FOR CAUSE; 17 |
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| 146 | 146 | | HEARING 18 |
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| 147 | 147 | | (a) Whenever it shall appear to the Chief of Police that any member of said 19 |
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| 148 | 148 | | force the Department has become incompetent, inefficient, or incapable from 20 |
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| 149 | 149 | | any cause, or is or has been negligent or derelict in his or her the Department 21 BILL AS INTRODUCED H.59 |
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| 151 | 151 | | |
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| 152 | 152 | | |
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| 153 | 153 | | VT LEG #379384 v.1 |
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| 154 | 154 | | member’s official duty, or is guilty of any misconduct in his or her the 1 |
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| 155 | 155 | | Department member’s private or official life, or whenever any well-grounded 2 |
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| 156 | 156 | | complaints or charges to such effect are made in writing to the Chief of Police 3 |
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| 157 | 157 | | by a responsible person against such member, the Chief of Police may 4 |
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| 158 | 158 | | investigate and, after appropriate notice and hearing, dismiss such member 5 |
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| 159 | 159 | | from the force Department, order a demotion in rank, or suspend the member 6 |
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| 160 | 160 | | without pay for a specified time period in excess of 14 days. In connection 7 |
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| 161 | 161 | | with any possible dismissal, demotion, or suspension for more than 14 days, 8 |
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| 162 | 162 | | the Chief’s notice to the member shall be given at least 48 hours prior to any 9 |
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| 163 | 163 | | hearing and shall include a description of the charges being considered. In 10 |
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| 164 | 164 | | connection therewith, the Chief of Police shall have the power to subpoena 11 |
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| 165 | 165 | | documents and witnesses and to administer the oath to such the witnesses. 12 |
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| 166 | 166 | | Such a subpoena will be subject to enforcement or modification pursuant to the 13 |
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| 167 | 167 | | procedures set forth in 3 V.S.A. §§ 809a and 809b. The Board of Police 14 |
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| 168 | 168 | | Commissioners or, in the case it has already offered an opinion on discipline 15 |
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| 169 | 169 | | pursuant to subsection 184(e) of this charter or in the case that the voting 16 |
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| 170 | 170 | | number of commissioners falls below four due to declared actual or apparent 17 |
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| 171 | 171 | | conflict of interest, an independent panel comprised as in subsection 184(f) of 18 |
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| 172 | 172 | | this charter shall hear any appeal filed in a timely manner with respect to such 19 |
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| 173 | 173 | | actions of the Police Chief. The time of filing an appeal and the nature of the 20 |
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| 174 | 174 | | appellate process shall be as determined by such Board of Regulation. 21 BILL AS INTRODUCED H.59 |
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| 178 | 178 | | VT LEG #379384 v.1 |
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| 179 | 179 | | Following its consideration of any such appeal, the Board may affirm, modify, 1 |
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| 180 | 180 | | or vacate the decision made by the Chief of Police. 2 |
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| 181 | 181 | | (b) Whenever it shall appear to the Mayor that the Chief of Police has 3 |
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| 182 | 182 | | become incompetent, inefficient, or incapable from any cause, or has been 4 |
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| 183 | 183 | | negligent or derelict in his or her the Chief’s official duty, or is guilty of any 5 |
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| 184 | 184 | | misconduct in his or her the Chief’s private or official life, or whenever any 6 |
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| 185 | 185 | | well-grounded complaints or charges to such effect are made in writing to the 7 |
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| 186 | 186 | | Mayor by a responsible person, the Mayor may suspend the Chief of Police 8 |
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| 187 | 187 | | from duty pending a hearing thereon on the matter by the City Council. The 9 |
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| 188 | 188 | | City Council shall forthwith notify the Chief of Police of the charges preferred 10 |
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| 189 | 189 | | by them, or of the complaints or charges presented by such the responsible 11 |
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| 190 | 190 | | person in writing, and shall thereupon proceed to consider and investigate the 12 |
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| 191 | 191 | | same. It shall appoint a time and place for the hearing of such the complaints 13 |
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| 192 | 192 | | and charges so made, shall give the Chief of Police reasonable notice of the 14 |
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| 193 | 193 | | same, not less than 48 hours, and the City Council shall have the power to 15 |
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| 194 | 194 | | subpoena documents and witnesses and to administer the oath to such the 16 |
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| 195 | 195 | | witnesses. Such a subpoena will be subject to enforcement or modification 17 |
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| 196 | 196 | | pursuant to the procedures set forth in 3 V.S.A. §§ 809a and 809b. 18 |
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| 197 | 197 | | (c) If, upon hearing, the City Council shall find such the complaints or 19 |
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| 198 | 198 | | charges to be well founded, it may dismiss the Chief of Police from the force 20 |
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| 199 | 199 | | Police Department, demote him or her the Chief in rank, or suspend him or her 21 BILL AS INTRODUCED H.59 |
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| 202 | 202 | | |
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| 203 | 203 | | VT LEG #379384 v.1 |
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| 204 | 204 | | the Chief without pay for a period not to exceed 60 days. The procedures 1 |
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| 205 | 205 | | outlined in this section shall control in the event of any conflict with section 2 |
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| 206 | 206 | | 129 of this charter as pertains to the removal of the Chief of Police. 3 |
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| 207 | 207 | | (d) The Chief of Police may, without notice or hearing for any infraction, 4 |
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| 208 | 208 | | violation, or disobedience of any of the rules and regulations of the Police 5 |
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| 209 | 209 | | Department that may seem to the Chief sufficient, suspend from duty without 6 |
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| 210 | 210 | | pay any member of the police force Police Department for a period not to 7 |
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| 211 | 211 | | exceed 14 days. 8 |
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| 212 | 212 | | * * * 9 |
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| 213 | 213 | | Sec. 3. EFFECTIVE DATE 10 |
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| 214 | 214 | | This act shall take effect on passage. 11 |
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