Vermont Statutes Title 20 Sec. 2403
Terms Used In Vermont Statutes Title 20 Sec. 2403
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- 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:
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Executive officer: means the highest-ranking law enforcement officer of a law enforcement agency. See
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- 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
- Unprofessional conduct: means Category A, B, or C conduct. See
- Valid investigation: means an investigation conducted pursuant to a law enforcement agency's established or accepted procedures. See
- Verdict: The decision of a petit jury or a judge.
§ 2403. Law enforcement agencies; duty to report
(a)(1) The executive officer of a law enforcement agency or the chair of the agency’s civilian review board shall report to the Council within 10 business days if any of the following occur in regard to a law enforcement officer of the agency:
(A) Category A.
(i) There is a finding of probable cause by a court that the officer committed Category A conduct.
(ii) There is any decision or findings of fact or verdict regarding allegations that the officer committed Category A conduct, including a judicial decision and any appeal from a decision.
(B) Category B.
(i) The agency receives a credible complaint against the officer that alleges that the officer committed Category B conduct.
(ii) The agency receives or issues any of the following:
(I) a report or findings of a valid investigation finding that the officer committed Category B conduct; or
(II) any decision or findings, including findings of fact or verdict, regarding allegations that the officer committed Category B conduct, including a hearing officer decision, arbitration, administrative decision, or judicial decision, and any appeal from such a decision.
(C) Termination. The agency terminates the officer for Category A or Category B conduct.
(D) Resignation. The officer resigns from the agency while under investigation for unprofessional conduct.
(2) As part of his or her report, the executive officer of the agency or the chair of the civilian review board shall provide to the Council a copy of any relevant documents associated with the report, including any findings, decision, and the agency’s investigative report.
(b) The Council shall provide a copy of any report and the relevant documents provided with it to the Council Advisory Committee, which shall recommend any appropriate action to take in regard to a law enforcement officer who is the subject of that report.
(c) The Executive Director of the Council shall report to the Attorney General and the State‘s Attorney of jurisdiction any allegations that an officer committed Category A conduct. (Added 2017, No. 56, § 1, eff. July 1, 2018; amended 2019, No. 166 (Adj. Sess.), § 15, eff. Oct. 1, 2020; 2021, No. 20, § 164.)