Legislation

Lawmakers OK tougher rules for off-duty police conduct

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Income tax hike coming?/ Horse-trading for committee leadership/ Constitutional amendment for bail reform

By Guy Page

The code of conduct for all certified Vermont police officers now adds emphasis to off-duty behavior, according to a rule approved by the Legislative Committee on Administrative Rules Thursday, January 9.

Police will now be liable for discipline, including censure and possible de-certification, for conduct unbecoming, both on and off duty, if the Council finds they violated (after at least two hearings) the written code of conduct in which officers promise to avoid untruthfulness, discrimination, misuse of official position, domestic violence, unlawful use of force, criminal conduct, sexual misconduct, falsification and misuse of property and evidence, bribes, and cheating on exams.

Previous regulations have not emphasized off-duty conduct as much, Vermont Criminal Justice Council spokesperson Kim McManus said.

The changes in code of conduct need to be “responsive to societal changes and expectations,” McManus said.

The motion to approve the change was made by Sen. Chris Bray (D-Addison), in perhaps his final act as a state senator. Bray was voted out of office in November. 

Source: Vermont Chamber of Commerce Newsletter, graph based on U.S. Census data

Heard around the building….

The Democratic majority in the Vermont Legislature may try to keep property taxes low by raising income taxes. Their allies in the education establishment are encouraging them to find school funding revenue elsewhere, with the income tax being the largest, most stable likely source. 

Vermont’s state tax burden is already the third-highest in the nation, according to a U.S. Census graph. The state, North Dakota, taxes fracked gas extracted from the earth. “We don’t produce enough maple syrup to make much of a difference,” one State House pro-business lobbyist quipped. 

Horse-trading for committee chairs, vice-chairs – a GOP member ‘in the know’ said GOP leaders talked with both incumbent Speaker Jill Krowinski and challenger Laura Sibilia about what they would offer for chair and vice-chair positions. Republicans have been mostly shut out of committee leadership, but the credible Sibilia candidacy offered them a rare opportunity to dicker. Result: Two chairs, nine-vice chairs. 

Constitutional Amendment for bail reform – A few House Republicans are kicking around the idea of proposing a constitutional amendment that would allow judges to impose bail more liberally (in the traditional sense of the word). Here’s what the Constitution says about bail;

[SECTION XXII.] [Excessive bail shall not be exacted for bailable offences; and all fines shall be moderate.]

[SECTION XXX.] And all prisoners, unless in execution, or committed for capital offences, when the proof is evident or presumption great, shall be bailable by sufficient sureties [unless for capital offences, when the proof is evident or presumption great]: nor shall excessive bail be exacted for bailable offences.

State law and judicial precedent have since added more restrictions based on these clauses. Some Republicans say that their (unprecedented in recent history) five members on the House Judiciary will never be in a better position to tighten Vermont’s bail and conditions of release. 

The lengthy amendment process means that any change, if any, will be several years away.


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Categories: Legislation

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10 replies »

  1. “Bray was voted out of office in November. ” No matter how many imes I hear that, it still makes me grin ! Of course there are more I’d like to put in that category as well, but that was a great start !

  2. Looks like if you are a police officer in this state, you are a Vermont Corporate asset twenty four hours per day This is the new social change agenda for off duty activities. Got to wonder what could go wrong???????

    • Domestic violence is against the law and any cop committing this crime would be fired even without the code of conduct.

      So the “Code of Conduct” is redundant or it is not about crime. It is a means to harass cops. For instance, it could be used to fire a cop for an off color joke made in private.

    • Beating one’s wife without her express permission is a crime, for anyone in the US regardless of profession. Having a code of conduct that forbids “untruthfulness, discrimination, misuse of official position, domestic violence, unlawful use of force, criminal conduct, sexual misconduct, falsification and misuse of property and evidence, bribes, and cheating on exams” is a wide open opportunity for lawfare against an officer who may have expressed some politically incorrect opinions. Stating that there are only two genders is a scientific fact, but considered “untruthfulness” in woke Vermont.

  3. Yet again?? When do they start to pass some even mildly tough conduct for themselves both off duty (legislators holding pot/alcohol parties for minors & driving under the influence) AND on duty (all their insane bills that protect criminals, addicts, and illegals but leave VT residents out to dry). Any idea yet, servants to the public?

    Yeah, the police are the problem.

    • Kudos to the legislators who are working aggressively and creatively for bail reform and swift and stern penalties for violations of conditions. Thank you.

      However, why swing for the fences right now with a constitutional amendment when we can just create tougher, common sense laws that will begin to eliminate many of the reasons that so much press has had to be given to the Patrick Ibbotsons, Michael Reynoldses, and Teddy Farnhams, and the increase we are seeing in serial arrestees? We need these changes right now, not after four biennia.

  4. Any off-duty code of conduct imposed on law enforcement should also apply to members of the Vermont Legislature. They both take the same oath to uphold the Constitution as part of their duties. And, once again, good riddance Sen. Bray…

  5. Vermont legislature code of conduct will not happen as they are controlling the police.

  6. MY oh my. what are chances ALL public and private employees will be help to the same level of accountability. I believe Law enforcement will be the only group. Vermont is not MY choice for anything now.