Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Vermont Statutes Title 20 Sec. 2404

  • Allegation: something that someone says happened.
  • 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:

  • Category C conduct: means any allegation of misconduct pertaining to Council processes or operations, including:

  • 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
  • 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
  • Valid investigation: means an investigation conducted pursuant to a law enforcement agency's established or accepted procedures. See

§ 2404. Investigations

(a) Agency investigations of Category A and B conduct.

(1)(A) Each law enforcement agency shall conduct a valid investigation of any complaint alleging that a law enforcement officer employed by the agency committed Category A or Category B conduct. An agency shall conclude its investigation even if the officer resigns from the agency during the course of the investigation.

(B) Notwithstanding the provisions of subdivision (A) of this subdivision (1), a law enforcement agency shall refer to the Council any unprofessional conduct complaints made against a law enforcement officer who is the executive officer of that agency.

(2)(A) The Council shall accept from any source complaints alleging a law enforcement officer committed unprofessional conduct and, if the Executive Director of the Council deems such a complaint credible, he or she shall refer any complaints regarding Category A or Category B conduct to the executive officer of the agency who employs that officer, and that agency shall conduct a valid investigation.

(B) Notwithstanding the provisions of subdivision (A) of this subdivision (2), the Council shall cause to be conducted an alternate course of investigation if the allegation is in regard to a law enforcement officer who is the executive officer of the agency.

(b) Exception to an agency’s valid investigation. Notwithstanding a law enforcement agency’s valid investigation of a complaint, the Council may investigate that complaint or cause the complaint to be investigated if the officer resigned before a valid investigation had begun or was completed.

(c) Council investigations of Category C conduct. The Council shall investigate allegations of Category C conduct. (Added 2017, No. 56, § 1, eff. July 1, 2018.)