Vermont § 60 - Executive Order No. 20-60 (No. 03-20) [Governor’s Public Safety Reform Initiative]

§ 60. Executive Order No. 20-60 (No. 03-20) [Governor’s Public Safety Reform Initiative]

• WHEREAS, just two months ago, this country watched the tragic death of George Floyd,
  and while Vermont has been committed to fair and impartial policing for some time,
  we must acknowledge work remains to be done; and WHEREAS, Vermont’s Constitution requires every officer of the State in authority,
  whether judicial or executive or military, to swear an oath that, in the execution
  of their office, they will do equal right and justice to all persons, to the best
  of their ability, according to law; and WHEREAS, this oath imposes upon all state officers, including our state-wide elected
  officials, our judges, our prosecutors and our law enforcement officers an awesome
  responsibility and we must do all we can to ensure our officers and our institutions
  are prepared, in fact, to do equal right and justice to all persons; and WHEREAS, in January of this year, the Department of Public Safety (DPS) put forth
  an outline for modernizing policing and public safety in Vermont, which is based,
  in part, on more than 50 years of studies, reports and legislative drafts; and WHEREAS, in June of this year, together with law enforcement and community leaders,
  DPS drafted a comprehensive 10-point strategy to accelerate progress in the organization
  of state law enforcement operations, modernizing our data collection and reporting
  technology; expanding alternative crisis response methodologies such as field mental
  health workers; providing enhanced statewide model policies in key areas, including
  use of force; modernizing hiring practices, training and supervisor selection; and
  developing community oversight models; and WHEREAS, nationally, community representatives, law enforcement representatives and
  other advocacy groups are debating the risks and benefits of these and other measures
  such as an end to qualified immunity for law enforcement officers, removal of police
  from schools, banning the use of certain military equipment and techniques and banning
  certain surveillance techniques, all of which merit open and informed debate and consideration
  in Vermont’s communities and in the Legislature; and WHEREAS, the scope of this Order is to use the current lawful authority of the Governor
  and the resources available to the Executive Branch to accelerate the modernization
  of public safety operations throughout Vermont. NOW, THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as the
  Governor, do hereby order and direct as follows: I. Short Term Priorities. A. Community Participation. The Commissioner of DPS shall, in consultation with the Executive Director of Racial
  Equity, actively engage with communities, particularly those communities that have
  been historically marginalized or harmed by policing, as we develop and deploy best
  policing practices. Only through extensive outreach and participation can we achieve
  the goals outlined in the DPS’s 10-point strategy, move forward on these initiatives
  and develop equitable processes that ensure equitable outcomes. B. Hiring and Promotion Practices. State and local law enforcement agencies must recruit, hire, retain and promote officers
  who reflect the values and diversity of the communities they serve. In furtherance
  of DPS’s ongoing work in this area, on or before October 1, 2020, the Commissioner
  of DPS shall work with community representatives and other interested parties to develop
  model processes and begin to implement enhancements to systems for hiring interviews
  in selection processes, background investigations and polygraph and psychological
  examinations, for purposes of hiring and promotion, including the hiring of police
  executives in Vermont. The Vermont Criminal Justice Training Council (CJTC) shall
  consider the model processes developed by DPS for adoption by all law enforcement
  agencies statewide. On or before December 1, 2020, the Commissioner shall, in consultation with the Commissioner
  of Human Resources and the Executive Director of Racial Equity, develop additional
  initiatives to reach out to a more diverse hiring pool. This shall include measurable
  assessments of those efforts and outcomes. C. Data. DPS, in consultation with the Agency of Digital Services (ADS), shall prioritize the
  adoption of an updated statewide computer aided dispatch and records management data
  system that is standardized and mandatory for all agencies related to use of force,
  traffic stops, arrests, mental health and other related topics. Further, that system
  shall make data more swiftly and fully available to communities, Vermonters and researchers
  using a variety of modern tools ranging from easily accessible dashboards to raw data
  - excluding personally identifying information on any person. The Commissioner of
  DPS and the Secretary of ADS shall provide a weekly status update to the Governor
  on the progress toward statewide implementation of this system. D. Body Worn Cameras. As we look forward to a time when all law enforcement agencies in the State will be
  using body worn cameras, the State will require clear, consistent statewide policies
  governing their use, including universal policy on activation / de-activation, privacy
  issues, and release of camera footage. The Commissioner of DPS is hereby directed to expedite work to 1) identify the scope
  of need for cameras by all Vermont law enforcement agencies; and 2) in collaboration
  with Vermont community representatives, and in consultation with the Executive Director
  of Racial Equity and other stakeholders, develop for the consideration of the CJTC,
  a statewide model policy on body worn cameras for all law enforcement agencies and
  officers for use statewide. E. Use of Force Policy. On or before October 1, 2020, the Commissioner of DPS, in consultation with the Executive
  Director of Racial Equity, community representatives and other interested parties
  shall develop, for the consideration of the CJTC, a statewide model policy on the
  use of force for all law enforcement agencies and officers. The model policy shall
  establish a statewide definition for what constitutes a use of force by police, and
  include best practices on when use of force shall be prohibited, such as in response
  to peaceful protests, and under what circumstances proportional use of force may be
  necessary. The model policy shall also address when and under what circumstances police
  military equipment shall be prohibited and when and under what circumstances it may
  be necessary. At this time Vermont’s State Police and local police agencies do not possess or use
  invasive surveillance technologies, advanced autonomous weaponry, facial recognition
  software or predictive policing technologies. It shall be the policy of the State
  that these technologies and techniques shall not be adopted by any law enforcement
  agency without express authorization under State law. Further, it shall be the policy of the State that a police agency’s failure to adopt
  the statewide model use of force policy shall result in limitations on state funding
  and access to training for the agency. F. Training. The Commissioner has proposed a detailed plan for comprehensive law enforcement training
  modernization. I hereby direct the Commissioners of DPS, Corrections, Motor Vehicles
  and Fish and Wildlife, as a members of the CJTC, together with the new Executive Director
  of the Council, to coordinate and lead the efforts of the Council to develop and use
  updated, statewide training, schedules and methods. On or before December 1, 2020,
  the Commissioner of DPS shall report to the Governor on the status of these efforts. G. Improper Conduct Allegations. The process of investigating improper conduct allegations must be easily accessible
  and as transparent as possible, while protecting the privacy of both the accused and
  the complainant. Investigations must have swift and consistent outcomes and include
  community oversight. Working with community representatives and other interested parties to develop the
  most suitable models, on or before October 1, 2020, the Commissioner of DPS, in consultation
  with the Executive Director of Racial Equity and the CJTC, shall recommend to the
  Governor a statewide model policy for investigating allegations of improper conduct.
  This process should consider different models used outside of Vermont, including those
  involving civilian investigators or investigators from other agencies. II. Development of Legislative Proposals for 2021. A. Universal Reporting Portal for Improper Conduct Allegations. On or before October 1, 2020, working with community representatives and other interested
  parties, the Commissioner of DPS shall develop, for the Governor’s consideration,
  a legislative framework for uniform, statewide release of data and information regarding
  misconduct allegations. This shall include a proposal for development and implementation
  of a centralized statewide reporting portal and universal phone number for reporting
  allegations of misconduct. B. Use of Force Investigation and Review. On or before October 1, 2020, working with community representatives and other interested
  parties, the Commissioner of DPS shall propose, for consideration by the Governor,
  a statutory mandate that all lethal force used by law enforcement and all deaths in
  custody are investigated by the Vermont State Police Major Crime Unit and reviewed
  independently by the Office of the Attorney General and a State’s Attorney in a manner
  that is free from both actual and apparent conflicts of interest. C. Community Oversight Models. On or before December 1, 2020, the Commissioner of DPS, in consultation with the Office
  of Attorney General’s Division of Human Rights, and community representatives, shall
  recommend to the Governor one or more models of civilian oversight of law enforcement
  and develop a statutory framework for the consideration of the Governor. Any such
  statutory framework shall include provisions designed to create civilian oversight
  boards which minimize the risk of conflicts of interest, and the appearance of conflicts
  of interest between those serving on local civilian oversight boards and law enforcement
  executives or officers of a given locality. Once such example would be civilian oversight
  of law enforcement on a county-wide basis structured in a manner that avoids both
  actual and apparent conflicts of interest. This Executive Order shall take effect upon execution. Dated August 20, 2020