§ 2409. Accessibility and confidentiality
(a) It is the purpose of this section both to protect the reputation of law enforcement officers from public disclosure of unwarranted complaints against them and to fulfill the public’s right to know of any action taken against a law enforcement officer when that action is based on a determination of unprofessional conduct.
(b) All meetings and hearings of the Council shall be subject to the Open Meeting Law.
(c) The Executive Director of the Council shall prepare and maintain a register of all complaints, which shall be open to public inspection and copying, except as may be exempt under the Public Records Act, and which shall show:
(1) with respect to any complaint, the following information:
(A) the date and the nature of the complaint, but not including the identity of the law enforcement officer; and
(B) a summary of the completed investigation; and
(2) only with respect to a complaint resulting in filing of charges or stipulations or the taking of disciplinary action, the following additional information:
(A) the name and business addresses of the law enforcement officer;
(B) formal charges, provided that they have been served or a reasonable effort to serve them has been made;
(C) the findings, conclusions, and order of the Council;
(D) the transcript of the hearing, if one has been made, and exhibits admitted at the hearing;
(E) any stipulation filed with the Council; and
(F) any final disposition of the matter by the Vermont Supreme Court.
(d) The Council, its hearing officer, and Council staff shall keep confidential any other information regarding unprofessional conduct complaints, investigations, proceedings, and related records except the information required or permitted to be released under this section.
(e) A law enforcement officer charged with unprofessional conduct shall have the right to inspect and copy the investigation file that results in the charges against him or her, except for any attorney work product or other privileged information.
(f) Nothing in this section shall prohibit the disclosure of any information regarding unprofessional conduct complaints pursuant to an order from a court of competent jurisdiction, or to a State or federal law enforcement agency in the course of its investigation, provided the agency agrees to maintain the confidentiality of the information as provided in subsection (d) of this section. (Added 2017, No. 56, § 1, eff. July 1, 2018.)
Structure Vermont Statutes
Title 20 - Internal Security and Public Safety
Chapter 151 - Vermont Criminal Justice Council
§ 2351. Creation and purpose of Council
§ 2355. Council powers and duties
§ 2357. Powers and duties of the Executive Director
§ 2358. Minimum training standards; definitions
§ 2359. Council services contingent on agency compliance
§ 2362a. Potential hiring agency; duty to contact current or former agency
§ 2364. State Police, basic training
§ 2365. Domestic violence training
§ 2365a. Search and rescue training
§ 2365b. Animal cruelty response training
§ 2366. Law enforcement agencies; fair and impartial policing policy; race data collection
§ 2367. Statewide policy; electronic control devices; reporting
§ 2368. Standards for law enforcement use of force
§ 2369. Statewide policy; required use of body camera policy
§ 2370. Record of case disposition
§ 2402. Law enforcement agencies; duty to adopt an effective internal affairs program
§ 2403. Law enforcement agencies; duty to report
§ 2405. Council sanction procedure
§ 2406. Permitted Council sanctions
§ 2407. Limitation on Council sanctions; first offense of Category B conduct
§ 2408. Invalid investigations