VT
Vermont House Bill H0361

Vermont 2025-2026 Regular Session

Vermont House Bill H0361 Compare Versions

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11 BILL AS INTRODUCED H.361
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55 VT LEG #380966 v.1
66 H.361 1
77 Introduced by Representative Christie of Hartford 2
88 Referred to Committee on 3
99 Date: 4
1010 Subject: Government operations; law enforcement; civilian oversight 5
1111 Statement of purpose of bill as introduced: This bill proposes to create 6
1212 municipal and regional civilian oversight bodies to receive, investigate, and 7
1313 address complaints against a law enforcement agency or officer within its 8
1414 jurisdiction. A board’s investigation is in addition to the investigations that 9
1515 may be conducted by a law enforcement agency and the Vermont Criminal 10
1616 Justice Council. Each board is empowered to hire or contract with staff to 11
1717 assist with its functions. Each board is authorized to draft a public report after 12
1818 a substantiated investigation and its recommendations can be given deference 13
1919 by the Vermont Criminal Justice Council in its adjudication of unprofessional 14
2020 conduct complaints against law enforcement officers. Each board is also 15
2121 authorized to monitor law enforcement trends, make law enforcement training 16
2222 recommendations to the Vermont Criminal Justice Council, and participate in 17
2323 the collective bargaining process of the law enforcement agency within its 18
2424 jurisdiction. 19 BILL AS INTRODUCED H.361
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2828 VT LEG #380966 v.1
2929 An act relating to creating municipal and regional civilian oversight of law 1
3030 enforcement 2
3131 It is hereby enacted by the General Assembly of the State of Vermont: 3
3232 Sec. 1. 20 V.S.A. § 2351a is amended to read: 4
3333 § 2351a. DEFINITIONS 5
3434 As used in this chapter: 6
3535 * * * 7
3636 (5) “Community police oversight board” has the same meaning as in 8
3737 24 V.S.A. chapter 56. 9
3838 Sec. 2. 20 V.S.A. § 2358 is amended to read: 10
3939 § 2358. MINIMUM TRAINING STANDARDS; DEFINITIONS 11
4040 * * * 12
4141 (b) The Council shall offer or approve basic training and annual in-service 13
4242 training for each of the following three levels of law enforcement officer 14
4343 certification outlined in this subsection in accordance with the scope of 15
4444 practice for each level, and shall determine by rule the scope of practice for 16
4545 each level in accordance with this section. A community police oversight 17
4646 board may make recommendations to the Council concerning basic training 18
4747 and annual in-service training requirements for the Council to offer or approve. 19
4848 If the Council does not adopt a community police oversight board’s 20
4949 recommendation, it shall provide the board with its reasons in writing. The 21 BILL AS INTRODUCED H.361
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5454 training requirements for the three levels of law enforcement officer 1
5555 certification are as follows: 2
5656 * * * 3
5757 (g) The Council shall not offer or approve, and a community police 4
5858 oversight board shall not recommend, any training on the use of a chokehold as 5
5959 defined in section 2401 of this chapter, except for training designed to identify 6
6060 and prevent the use of chokeholds. 7
6161 Sec. 3. 20 V.S.A. § 2401 is amended to read: 8
6262 § 2401. DEFINITIONS 9
6363 As used in this subchapter: 10
6464 * * * 11
6565 (4) “Effective internal affairs program” means that a law enforcement 12
6666 agency does all of the following: 13
6767 * * * 14
6868 (E) Civilian review. Provides for review of officer discipline by 15
6969 civilians, which may be a selectboard or other elected or appointed body, at 16
7070 least for the conduct required to be reported to the Council under this 17
7171 subchapter Community police oversight board investigation. Promptly report 18
7272 all complaints pursuant to subdivision (4)(A) of this section to the community 19
7373 police oversight board having jurisdiction. The agency shall permit and fully 20 BILL AS INTRODUCED H.361
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7878 cooperate with any action the community police oversight board may 1
7979 undertake pursuant to its authority. 2
8080 * * * 3
8181 Sec. 4. 20 V.S.A. § 2403 is amended to read: 4
8282 § 2403. LAW ENFORCEMENT AGENCIES; DUTY TO REPORT 5
8383 (a)(1) The executive officer of a law enforcement agency or the chair of the 6
8484 agency’s civilian review board shall report to the Council and the community 7
8585 police oversight board having jurisdiction within 10 business days if any of the 8
8686 following occur in regard to a law enforcement officer of the agency: 9
8787 (A) Category A. 10
8888 (i) There is a finding of probable cause by a court that the officer 11
8989 committed Category A conduct. 12
9090 (ii) There is any decision or findings of fact or verdict regarding 13
9191 allegations that the officer committed Category A conduct, including a judicial 14
9292 decision and any appeal from a decision. 15
9393 (iii) The agency receives a credible complaint against the officer 16
9494 that alleges that the officer committed Category A conduct. 17
9595 * * * 18
9696 (2) As part of his or her the executive officer’s report, the executive 19
9797 officer of the agency or the chair of the civilian review board shall provide to 20
9898 the Council and the community police oversight board having jurisdiction a 21 BILL AS INTRODUCED H.361
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103103 copy of any relevant documents associated with the report, including any 1
104104 findings, decision, and the agency’s investigative report. 2
105105 (b) The Council and the community police oversight board having 3
106106 jurisdiction shall provide a copy of any report and the relevant documents 4
107107 provided with it to the Council Advisory Committee, which shall recommend 5
108108 any appropriate action to take in regard to a law enforcement officer who is the 6
109109 subject of that report. The Council Advisory Committee shall give deference 7
110110 to any appropriate action recommended by the community police oversight 8
111111 board. 9
112112 (c) The Executive Director of the Council and the Chair of the community 10
113113 police oversight board having jurisdiction shall report to the Attorney General 11
114114 and the State’s Attorney of jurisdiction any allegations that an officer 12
115115 committed Category A conduct. 13
116116 Sec. 5. 20 V.S.A. § 2410 is amended to read: 14
117117 § 2410. COUNCIL ADVISORY COMMITTEE 15
118118 (a) Creation. There is created the Council Advisory Committee to provide 16
119119 advice to the Council regarding its duties under this subchapter. 17
120120 (1) The Committee shall specifically advise and assist the Council in 18
121121 developing procedures to ensure that allegations of unprofessional conduct by 19
122122 law enforcement officers are investigated fully and fairly, and to ensure that 20
123123 appropriate action is taken in regard to those allegations. The Committee shall 21 BILL AS INTRODUCED H.361
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128128 consider any report submitted by a community police oversight board in the 1
129129 exercise of its duties under this section. 2
130130 * * * 3
131131 (c) Assistance. The Executive Director of the Council or designee shall 4
132132 attend Committee meetings as a resource for the Committee. The Chair of a 5
133133 community police oversight board shall attend Committee meetings if the 6
134134 Committee is advising and assisting with an incident within the jurisdiction of 7
135135 the community police oversight board. 8
136136 * * * 9
137137 Sec. 6. 24 V.S.A. chapter 56 is added to read: 10
138138 CHAPTER 56. COMMUNITY POLICE OVERSIGHT BOARDS 11
139139 § 1944. DEFINITIONS 12
140140 As used in this chapter: 13
141141 (1) “BIPOC” means Black, Indigenous, and other Persons of Color. 14
142142 (2) “Community police oversight board” means a board created pursuant 15
143143 to section 1945 of this chapter. 16
144144 (3) “Law enforcement agency” means a municipal police department, a 17
145145 sheriff’s department, the provider of law enforcement services pursuant to an 18
146146 intermunicipal services agreement under section 1938 of this title, or the 19
147147 provider of law enforcement services for a union municipal district pursuant to 20
148148 section 4866 of this title. 21 BILL AS INTRODUCED H.361
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153153 (4) “Law enforcement officer” means a member of a law enforcement 1
154154 agency. 2
155155 (5) “Legislative body” means the mayor or other chief executive officer 3
156156 and board of alderman of a city, the selectboard of a town, the trustees of a 4
157157 village, or the designated representatives of a region as defined in subdivision 5
158158 (8) of this section. 6
159159 (6) “Municipal” or “municipality” means a city, town, or incorporated 7
160160 village. 8
161161 (7) “Officer-involved death or serious bodily injury” means the death or 9
162162 serious bodily injury of an individual that results directly from an action of a 10
163163 law enforcement officer while the law enforcement officer is on duty or while 11
164164 the law enforcement officer is off duty but performing activities that are within 12
165165 the scope of the officer’s law enforcement duties. 13
166166 (8) “Region” or “regional” means the political subdivisions subject to an 14
167167 intermunicipal police services agreement pursuant to section 1938 of this title 15
168168 or participating in a union municipal district pursuant to section 4866 of this 16
169169 title. 17
170170 (9) “Serious bodily injury” has the same meaning as in 13 V.S.A. 18
171171 § 1021. 19
172172 (10) “Unprofessional conduct” has the same meaning as in 20 V.S.A. 20
173173 § 2401 21 BILL AS INTRODUCED H.361
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178178 § 1945. CREATION AND PURPOSE 1
179179 (a) In order to promote and protect the health, safety, and welfare of the 2
180180 public, it is in the public interest to provide for the creation of municipal and 3
181181 regional community police oversight boards. 4
182182 (b) Community police oversight boards are law enforcement oversight 5
183183 mechanisms that shall receive and investigate all complaints against municipal 6
184184 and regional law enforcement agencies and officers and publish public reports 7
185185 of its investigations and any recommended sanctions for consideration and 8
186186 adjudication by the Vermont Criminal Justice Council. 9
187187 (c) Community police oversight boards shall offer to the Vermont Criminal 10
188188 Justice Council continuing programs of instruction in up-to-date methods of 11
189189 law enforcement and the administration of criminal justice. 12
190190 (d) It is the responsibility of community police oversight boards to engage 13
191191 with its municipal or regional community on an ongoing basis regarding issues 14
192192 of community policing and strategies to improve policing in its jurisdiction. 15
193193 (e) Community police oversight boards shall participate in the negotiation 16
194194 of collective bargaining agreements involving its municipal or regional law 17
195195 enforcement officers. 18
196196 § 1946. COMMUNITY POLICE OVERSIGHT BOARD MEMBERSHIP 19
197197 (a) Each community police oversight board shall consist of an odd number 20
198198 of at least seven members appointed and approved by the legislative body of 21 BILL AS INTRODUCED H.361
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202202 VT LEG #380966 v.1
203203 the municipality or region. Each legislative body shall create a procedure for 1
204204 appointment and approval of a board’s membership in accordance with the 2
205205 law. The members of the board shall serve for terms of three years. 3
206206 (b) A legislative body shall solicit recommendations for board members 4
207207 with diverse and historically marginalized backgrounds within its municipality 5
208208 or region. A legislative body may appoint not more than one active or retired 6
209209 law enforcement officer to the board. No member listed in subdivisions (1)–7
210210 (5) of this subsection shall have a spouse, domestic partner, parent, child, or 8
211211 sibling who is a current or former law enforcement officer. Each board shall 9
212212 include: 10
213213 (1) at least one individual from the BIPOC community; 11
214214 (2) at least one individual with a lived experience directly impacted by 12
215215 law enforcement, which includes involvement with the criminal justice system 13
216216 combined with homelessness, physical or psychiatric disability, mental health 14
217217 condition, or a substance use disorder; 15
218218 (3) at least one representative from a civil rights organization or its 16
219219 designee; 17
220220 (4) at least one individual with expertise in the fields of mental health, 18
221221 juvenile justice, civil liberties, or disability rights; and 19
222222 (5) at least one State-licensed attorney with experience civil or human 20
223223 rights violations. 21 BILL AS INTRODUCED H.361
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228228 (c) A legislative body shall appoint a chair of the board within its 1
229229 jurisdiction from among the members set for in subdivision (b)(1) of this 2
230230 section. 3
231231 (d) Membership on a board does not constitute the holding of an office for 4
232232 any purpose, and members of a board shall not be required to take and file 5
233233 oaths of office before serving on a board. 6
234234 (e) The members of a board shall be entitled to receive per diem 7
235235 compensation and reimbursement of expenses as permitted from monies 8
236236 appropriated by each municipality or region. 9
237237 (f) A member of a board shall not be disqualified from holding any public 10
238238 office or employment and shall not forfeit any office or employment, by reason 11
239239 of the member’s appointment to a board, notwithstanding any statute, 12
240240 ordinance, or charter to the contrary. 13
241241 § 1947. MEETINGS 14
242242 (a) Each board shall meet at least once each quarter of each year. Special 15
243243 meetings may be called by the chair of a board or upon the written request of a 16
244244 majority of a board’s members. 17
245245 (b) Each board shall adopt rules as to quorum and procedures with respect 18
246246 to the conduct of its meetings and other affairs. 19
247247 (c)(1) A member of a board may designate in writing a person within the 20
248248 member’s agency or association to attend a meeting or meetings of the 21 BILL AS INTRODUCED H.361
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253253 member’s board. The designation shall be filed with the chair of the member’s 1
254254 board. 2
255255 (2) A person so designated shall have the same voting rights and 3
256256 responsibilities as the member at such meeting or meetings, but that designee 4
257257 shall not automatically assume the member’s place as an officer of the 5
258258 member’s board. 6
259259 § 1948. POWERS AND DUTIES 7
260260 (a) Notwithstanding the provisions of 20 V.S.A. chapter 151, each board 8
261261 shall receive, investigate, and address: 9
262262 (1) all grievances and complaints filed by members of the public against 10
263263 a law enforcement agency within its municipality or region; 11
264264 (2) all complaints of unprofessional conduct; 12
265265 (3) all incidents in which a law enforcement officer acting within the 13
266266 scope of authority of the law enforcement agency in its municipality or region 14
267267 in which the officer uses physical force upon another person that results in 15
268268 death or serious bodily injury to the person; 16
269269 (4) all incidents that result in an officer-involved death; and 17
270270 (5) all incidents of alleged ill-treatment or misconduct that come to the 18
271271 attention of the board, regardless of whether those cases are the subject of any 19
272272 specific formal complaint or grievance. 20 BILL AS INTRODUCED H.361
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277277 (b) Each board may contract with or hire an attorney licensed by the State 1
278278 to provide legal services. Legal services may include the proper conduct of its 2
279279 affairs, assistance to a board in the lawful and orderly conduct of its open 3
280280 meetings, and other nondisciplinary business, such as making procedural and 4
281281 parliamentary rulings. Each board may contract with or hire an attorney 5
282282 licensed by the State to assist with conducting investigations or drafting 6
283283 reports. 7
284284 (c) Each board may contract with or hire investigators who have 8
285285 successfully met the standards of training for a Level III law enforcement 9
286286 officer under 20 V.S.A. chapter 151. An investigator contracted or hired by a 10
287287 board shall not have previously been affiliated with or employed by a law 11
288288 enforcement agency within a board’s jurisdiction. 12
289289 (d) Each board may hire or contract with staff to assist in administrative, 13
290290 secretarial, or any other services a board may deem necessary. 14
291291 (e) Each board may analyze policing trends across the State based on 15
292292 cumulative complaints, lawsuits, law enforcement incidents resulting in serious 16
293293 bodily harm, and all other reporting deemed relevant. A board may collaborate 17
294294 with boards from other jurisdictions within the State, the Vermont Criminal 18
295295 Justice Council, or any other entities it deems appropriate to compile, analyze, 19
296296 and publish such data. The data may be used to offer training 20
297297 recommendations to the Vermont Criminal Justice Council. 21 BILL AS INTRODUCED H.361
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302302 (f) Each board may, in addition: 1
303303 (1) accept and administer under this chapter and for its purposes 2
304304 contributions, capital grants, gifts, services, and other financial assistance from 3
305305 any individual, association, corporation, or other organization having an 4
306306 interest in law enforcement accountability, and from its municipality, region, 5
307307 state, and the United States and any of their agencies and instrumentalities, 6
308308 corporate or otherwise; 7
309309 (2) adopt rules to implement the provisions of this chapter; and 8
310310 (3) perform such other acts as may be necessary or appropriate to carry 9
311311 out the purposes of this chapter. 10
312312 § 1949. INVESTIGATIONS 11
313313 For the purpose of carrying out an investigation pursuant to this section, a 12
314314 board shall have the authority to: 13
315315 (1) Request and receive any assistance and information from a law 14
316316 enforcement agency or officer that a board deems necessary for the discharge 15
317317 of its duties and responsibilities. 16
318318 (2) Notwithstanding any other provision of law, inspect and examine all 17
319319 law enforcement agency records and documents, including law enforcement 18
320320 officer personnel records, documents, and body camera footage, that a board 19
321321 deems relevant to any matter being investigated by a board. 20 BILL AS INTRODUCED H.361
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326326 (3) Administer oaths and issue subpoenas to compel the attendance or 1
327327 testimony of a witness or the production of any relevant evidence, including 2
328328 books, papers, documents, records, photographs, recordings, reports, and 3
329329 tangible objects maintained by a law enforcement agency within its 4
330330 municipality or region. If a witness refuses to attend, testify, or produce 5
331331 materials as required by the subpoena, a board or its designee may compel the 6
332332 witness to comply by petition to the Superior Court of proper jurisdiction 7
333333 pursuant to Rule 37 of the Vermont Rules of Civil Procedure. 8
334334 (4) Contract with and designate external organizations to assist with or 9
335335 conduct investigations. 10
336336 § 1950. DISPOSITION OF COMPLAINTS; REPORTS 11
337337 (a) A board may summarily dismiss a grievance or complaint filed by a 12
338338 member of the public pursuant to subdivision 1948(a)(1) of this chapter only 13
339339 when a board determines that: 14
340340 (1) the complainant’s interest is not sufficiently related to the subject 15
341341 matter of the grievance or complaint; 16
342342 (2) the grievance or complaint is trivial, frivolous, irrelevant, without 17
343343 merit, or in bad faith; 18
344344 (3) resources are insufficient for an adequate investigation of the 19
345345 grievance or complaint; or 20 BILL AS INTRODUCED H.361
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350350 (4) the grievance or complaint is the subject of undue delay to justify an 1
351351 examination of its merit. 2
352352 (b) A board shall issue a public report detailing its findings at the 3
353353 conclusion of an investigation of any matter within the authority of the board. 4
354354 The report shall articulate findings of fact relative to the matter, including any 5
355355 disciplinary decisions and personnel changes made by the law enforcement 6
356356 agency, and recommendations relating to the disposition of the matter and any 7
357357 associated sanction. A board’s report shall be given deference by the Vermont 8
358358 Criminal Justice Council in its adjudication of an unprofessional conduct 9
359359 complaint and any related sanction pursuant to 20 V.S.A. chapter 151, 10
360360 subchapter 2. 11
361361 (1) An investigation concluding that a complaint or grievance against a 12
362362 law enforcement agency or officer pursuant to section 1948 of this chapter 13
363363 could not be substantiated shall detail the underlying reasons for the conclusion 14
364364 in the public report. The investigation shall be closed but shall be archived and 15
365365 may be used as an aggravating factor in any subsequent investigation by a 16
366366 board of similar conduct by the same law enforcement agency or officer that is 17
367367 substantiated. 18
368368 (2) An investigation substantiating a complaint or grievance against a 19
369369 law enforcement agency or officer pursuant to section 1948 of this chapter 20
370370 shall articulate the nature of any substantiated conduct, identify the underlying 21 BILL AS INTRODUCED H.361
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375375 deficiencies of the conduct, and contain the board’s sanction recommendation 1
376376 to be considered by the Vermont Criminal Justice Council pursuant to this 2
377377 subsection. 3
378378 (c) Notwithstanding the provisions of 1 V.S.A. § 317, the content of any 4
379379 investigation, including the identity of a witness or victim, any procedure, 5
380380 testimony taken, document or other tangible evidence produced, or any answer 6
381381 made under this section is confidential and not subject to disclosure as a public 7
382382 record or public document unless and until: 8
383383 (1) confidentiality is waived by the person upon whom the investigative 9
384384 demand is made; 10
385385 (2) disclosure is authorized by a Superior Court; or 11
386386 (3) disclosure is made by a federal court or federal agency. 12
387387 Sec. 7. 21 V.S.A. chapter 22 is amended to read: 13
388388 CHAPTER 22. VERMONT MUNICIPAL LABOR RELATIONS ACT 14
389389 * * * 15
390390 § 1722. DEFINITIONS 16
391391 As used in this chapter: 17
392392 * * * 18
393393 (13) “Municipal employer” means a city, town, village, fire district, 19
394394 lighting district, consolidated water district, housing authority, union municipal 20
395395 district, community police oversight board as used in 24 V.S.A. chapter 56 or 21 BILL AS INTRODUCED H.361
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400400 its designee, or any of the political subdivisions of the State of Vermont that 1
401401 employs five or more employees as defined in this section. 2
402402 * * * 3
403403 § 1725. COLLECTIVE BARGAINING PROCEDURE 4
404404 * * * 5
405405 (b) The municipal employer shall be represented in the bargaining by its 6
406406 legislative body or its designated representative or representatives. If the 7
407407 municipal employer is a supervisory district or supervisory union, it shall be 8
408408 represented by the school board negotiations council, and the bargaining unit 9
409409 shall be represented by the school employees’ negotiations council. If the 10
410410 bargaining unit includes a municipal public safety employee, as defined in 11
411411 subdivision 1722(22)(C) of this chapter, the municipal employer shall include 12
412412 representation from the relevant community police oversight board as used in 13
413413 24 V.S.A. chapter 56 or its designee. 14
414414 * * * 15
415415 Sec. 8. EFFECTIVE DATE 16
416416 This act shall take effect on July 1, 2025. 17