STATE OF VERMONT
DEPARTMENT OF PUBLIC SAFETY
STATE POLICE ADVISORY COMMISSION
State Police Advisory Commission provides synopsis of misconduct investigations involving Vermont State Police troopers
WATERBURY, Vermont (Tuesday, Jan. 19, 2021) — Michael Schirling, commissioner of the Department of Public Safety, and Nancy Sheahan, chairwoman of the State Police Advisory Commission, issued the following joint statement Tuesday, Jan. 19, 2021, regarding the work of SPAC and the Internal Affairs Office within the Department of Public Safety during the first half of 2020.
DPS in the past has provided an overview of SPAC’s work, but today’s public release of information represents the first time the department has provided detail about individual cases.
“In an effort to further increase transparency in operations, beginning in January 2021 and continuing twice annually in January and July, the Department of Public Safety and Vermont State Police, with the support of the independent State Police Advisory Commission, will begin releasing synopses of all internal investigations,” Commissioner Schirling said. “These synopses will be compiled in six month increments to balance timeliness with the need to have complete investigations and resolutions prior to release.”
The attached report contains synopses of the 10 matters that came before SPAC from Jan. 1 to June 30, 2020.
The report shows that of the 10 cases, six came to the attention of supervisors due to internal reporting by members of the state police, and four arose through complaints by community members.
Four of the complaints were determined to have represented no violation by the VSP member in question, while the other six complaints were substantiated. The substantiated complaints included instances related to accidental firearms discharge; a motor vehicle crash; off-duty alcohol consumption; violations of COVID-19 safety protocols; and mistreatment of other troopers. Sanctions for these violations ranged from letters of reprimand to loss of annual leave time and suspensions without pay.
Synopses in the report do not include identifying information about the troopers involved, which is confidential as a matter of law.
The State Police Advisory Commission was created by statute in 1979 and is comprised of seven members appointed by the governor with the advice and consent of the Vermont Senate. Among the duties of SPAC is to provide civilian oversight of the Vermont State Police and to advise and counsel the Commissioner of Public Safety in his/her overall responsibilities for the management, supervision and control of the Vermont State Police. In addition, SPAC is statutorily empowered to provide advice and counsel to the Commissioner of Public Safety to ensure appropriate action is taken with respect to allegations of misconduct by Vermont State Police officers. To assist the Commissioner of Public Safety and SPAC, Vermont law also requires DPS to maintain an Office of Internal Investigations (IA), whose sole responsibility is to investigate allegations of misconduct by members of the Vermont State Police. The IA Office, staffed with a Vermont State Police commander, reports directly to the commissioner.
The current SPAC members are each highly respected professionals and represent a cross-section of Vermont. They are:
• Nancy Sheahan (chairwoman)
• Glenn Boyde (vice chairman)
• Allison Crowley DeMag
• John Filipek
• Shirley Jefferson
• Mary Alice McKenzie
• Patti Pallito
The Department of Public Safety IA Office receives allegations of misconduct or improper conduct by a Vermont state trooper in two ways. First, the public may lodge a complaint regarding a state trooper’s conduct by telephone, through the Vermont State Police website, via email, or in person. These allegations are referred to as “citizen complaints.” In addition, each VSP member is obligated to promptly report any evidence or allegation of misconduct or improper conduct involving a state trooper. These reports are referred to as “employee complaints.”
Not all complaints rise to the level of requiring a formal internal affairs investigation. These are typically handled by the station or unit commander. For instance, a complaint about a trooper who was speeding on the highway normally would be handled by the station or unit commander. More serious allegations, as determined by the commissioner, are opened as formal internal affairs investigations. In the case of an allegation of misconduct that consists of criminal conduct, the internal investigation typically is stayed pending the conclusion of a criminal investigation and/or prosecution by appropriate prosecutorial authorities. Once an internal affairs investigation is complete, the commissioner determines what disciplinary action, if any, is appropriate and should be imposed. The entire case is then reviewed by the State Police Advisory Commission to ensure appropriate action has been taken.
Vermont law requires that all internal investigations “shall be confidential” except in limited circumstances. Accordingly, specific details beyond the synopses regarding these 2020 investigations cannot be made public.
SPAC meetings are generally held bi-monthly and are open to the public (except when SPAC is in executive session). Meeting dates can be found on the DPS website by clicking the SPAC link under “Committees and Boards.”
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