Vermont § 2407 - Limitation on Council sanctions

§ 2407. Limitation on Council sanctions

• (a) Offenses of Category A and Category C conduct. After a valid investigation of Category A and Category C conduct made pursuant to
  section 2404 of this title concludes, the Council may impose a sanction for a first or subsequent offense of
  Category A or C conduct. (b) First offense of Category B conduct. After a valid investigation of Category B conduct made pursuant to section 2404 of this title concludes, the Council may impose a sanction for a first offense of Category B conduct
  only to the extent the sanction does not surpass any disciplinary action taken against
  the law enforcement officer by the law enforcement agency for the same alleged conduct,
  unless: (1) the law enforcement officer is terminated for the same alleged conduct or resigns; (2) the alleged conduct is committed by a law enforcement agency’s executive officer; (3) pursuant to section 2408 of this title, the law enforcement agency fails to conduct a valid investigation of the alleged
  conduct; or (4) the disciplinary action taken against the law enforcement officer by the law enforcement
  agency is clearly unreasonable considering the following factors: (A) the nature and seriousness of the offense; (B) the law enforcement officer’s job level, certification level, and type of employment; (C) the law enforcement officer’s past disciplinary record; (D) the law enforcement officer’s work record; (E) the effect of the offense on the law enforcement officer’s ability to perform satisfactorily; (F) the consistency of the penalty with those imposed upon other similarly situated law
  enforcement officers; (G) the consistency of the penalty with any applicable agency table of penalties; (H) the notoriety of the offense or its impact on the reputation of the law enforcement
  agency or law enforcement agencies as a whole across the State; (I) the clarity of notice; (J) the potential for the law enforcement officer’s rehabilitation; (K) mitigating circumstances surrounding the offense; and (L) the adequacy and effectiveness of alternative sanctions to deter such conduct in the
  future. (c) Second or subsequent offense of Category B conduct. After a valid investigation of Category B conduct made pursuant to section 2404 of this title concludes, the Council may impose a sanction for a second or subsequent offense of
  Category B conduct. (d) “Offense” defined. As used in this section, an “offense” means any offense committed by a law enforcement
  officer during the course of the law enforcement officer’s certification, and includes
  any offenses committed during employment at a current or previous law enforcement
  agency. (Added 2017, No. 56, § 1, eff. July 1, 2018; amended 2019, No. 147 (Adj. Sess.), § 5, eff. Sept. 1, 2020; 2021, No. 27, § 6, eff. Oct. 1, 2021; 2023, No. 74, § 4, eff. June 19, 2023; 2023, No. 124 (Adj. Sess.), § 5, eff. January 1, 2025.)