Vermont H. 59: An act relating to technical corrections

Bill Text

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H.59 1
Introduced by Representative Hooper of Burlington 2
Referred to Committee on 3
Date: 4
Subject: Municipal and county government; municipal charters; City of 5
Burlington; amendments 6
Statement of purpose of bill as introduced: This bill proposes to approve the 7
amendments to the charter of the City of Burlington to authorize: 8
(1) the Board of Police Commissioners and the Chief of Police to jointly 9
propose rules and regulations governing the City Police Department; 10
(2) the Board of Police Commissioners to receive and review all 11
allegations of misconduct by members of the City Police Department and to 12
establish procedures for the Board’s review, independent investigation, and 13
recommendations concerning alleged misconduct; and 14
(3) the Board of Police Commissioners to request the formation of an 15
independent panel to resolve disagreements between the Chief of Police and 16
the Board of Police Commissioners concerning the Board’s recommendations 17
after an investigation of alleged misconduct. 18
An act relating to approval of amendments to the charter of the City of 19
Burlington 20

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It is hereby enacted by the General Assembly of the State of Vermont: 1
Sec. 1. CHARTER AMENDMENT APPROVAL 2
The General Assembly approves the amendments to the charter of the City 3
of Burlington as set forth in this act. The voters approved the proposals of 4
amendment on November 5, 2024. 5
Sec. 2. 24 App. V.S.A. chapter 3 is amended to read: 6
CHAPTER 3. CITY OF BURLINGTON 7
* * * 8
§ 183. BOARD OF POLICE COMMISSIONERS; COMPOSITION; TERMS 9
The Board of Police Commissioners shall consist of seven legal voters of 10
said the City and should represent the diverse nature of the City’s constituents, 11
including those from historically marginalized communities, to be appointed 12
by the City Council with Mayor presiding to serve for three years and until 13
their successors are appointed and qualified. 14
§ 184. SAME—POWERS AND DUTIES 15
(a) The City Council shall make rules and regulations for the government 16
of the entire police force Police Department and shall fix the qualifications of 17
applicants for positions and service on said force the Department and, to the 18
extent permitted by applicable law, the Chief of Police shall furnish the City 19
Council with any information they may require concerning the finances of the 20
Police Department. The Chief of Police shall be responsible for all 21

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expenditures made by the Police Department and no expenditures shall be 1
made by the Department except in conformity with the standards promulgated 2
by the City Council. 3
(b) The Board of Police Commissioners shall have such authority and 4
responsibility relating to the management, auditing, or monitoring of the Police 5
Department, its services, and facilities as may be delegated from time to time 6
by resolution, ordinance, and order of the City Council. Said The Board shall 7
notify the Mayor and, the Chief Administrative Officer, and the City Council, 8
in writing, of any and all changes, modifications, or additions to the rules and 9
regulations of the Department. 10
(c) Without limitation to the foregoing, the Board of Police Commissioners 11
and the Chief of Police may propose rules and regulations for the government 12
of the entire Police Department in a manner not inconsistent with those 13
established by the City Council. Adoption of the proposed rules and 14
regulations requires joint approval by the Board of Police Commissioners and 15
the Chief of Police. In the event joint approval is not provided by the Board of 16
Police Commissioners and the Chief of Police, either party may bring forward 17
to the City Council the proposed rule or regulation for the City Council’s 18
consideration. 19
(d) The Board of Police Commissioners shall have the authority to receive 20
and review all civilian and internal allegations of misconduct by members of 21

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the Police Department. The Mayor’s proposed budget and the City Council 1
shall annually appropriate an amount necessary for the adequate support and 2
facilitation of such review. To the greatest extent permitted by law, the Chief 3
of Police shall provide the Board of Police Commissioners timely updates of 4
any review, investigation, or disposition of alleged misconduct. The Board of 5
Police Commissioners shall have the ability to request additional information 6
from the Chief of Police and access to those documents or other evidence 7
relied upon by the Chief of Police in reviewing allegations of misconduct as 8
the City Council shall designate by ordinance. For complaints of alleged 9
misconduct that constitute an offense subject to an investigation of the 10
Vermont Criminal Justice Training Counci