The Vermont State Police disseminates news releases for significant criminal or public safety incidents and arrests. These releases are not intended to document every public contact or response to a call-for-service. If you have a question regarding an incident or case, please contact your local state police barracks or the public information officer. Please note news releases are available on this blog for at least 30 days following their public release. Releases are generally archived the second month after publication. Please contact the public information officer if you need access to one that is older.

Search This Blog

February 28, 2019

Commissioner of Public Safety and Chairwoman of State Police Advisory Commission Issue Summary of Misconduct Investigations Against Members of the Vermont State Police in 2018

 

STATE OF VERMONT

DEPARTMENT OF PUBLIC SAFETY

STATE POLICE ADVISORY COMMISSION

 

NEWS RELEASE


Commissioner of Public Safety and Chairwoman of State Police Advisory Commission Issue Summary of Misconduct Investigations Against Members of the Vermont State Police in 2018

 

WATERBURY, Vermont (Feb. 28, 2019) — Thomas D. Anderson, Commissioner of the Department of Public Safety (DPS), and Nancy P. Sheahan, Chairwoman of the State Police Advisory Commission, have issued the following joint statement summarizing the work of SPAC and the Internal Affairs Office within the Department of Public Safety during 2018. 

 

This marks the first time that DPS has released a public summary of the commission’s work.

 

“DPS and the Vermont State Police strive to hold members of the State Police to the highest professional and ethical standards.  Sharing this information with Vermonters represents another step in advancing transparency and accountability within the Department of Public Safety and the Vermont State Police,” Commissioner Anderson said. “By providing this summary, we are able to give people a better understanding of the oversight role and critical work of the State Police Advisory Commission and the important work of VSP’s Internal Affairs Office.”

 

In 2018, the State Police Advisory Commission met five times with the Commissioner of Public Safety, the Director of the Vermont State Police, and the Director of Internal Affairs.  In 2018, the Commissioner of Public Safety directed formal internal affairs investigations be commenced in response to four citizen complaints and 15 employee complaints.  These allegations of misconduct included but were not limited to failures to follow orders, conduct unbecoming a State Police officer, neglect of duty, and criminal conduct.  The 19 citizen and employee complaints were resolved as follows: Six are pending, four were unfounded, six were founded, and three involved members who resigned prior to the completion of the investigation.  Disciplinary action included letters of reprimand, loss of annual leave, suspension without pay, and demotion. 

 

Additionally, there were five officer-involved-shooting investigations, which as a matter of routine procedure resulted in internal investigations being opened on 15 troopers.  Two of the officer-involved-shooting investigations remain pending.  Three of the shooting investigations involving 13 officers were closed after being found to be justified by the offices of the Attorney General and the relevant State’s Attorney, and after the 13 officers were found to have acted in conformity with the State Police Use of Force Policy. 

 

In addition, there were 48 motor-vehicle crashes involving State Police officers that also were reviewed by the IA Office.  Of these matters, 20 resulted in formal discipline being imposed, which ranged from a letter of reprimand to a loss of annual leave to a suspension without pay.

 

The State Police Advisory Commission (SPAC) 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 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.  Current members are: 

 

  • Shirley Jefferson:  A professor and the Associate Dean for Student Affairs and Diversity at Vermont Law School.  She graduated summa cum laude from Southeastern University. 
  • Mary Alice McKenzie: The former Director of the Boys and Girls Club of Burlington for 10 years and the former CEO of McKenzie of Vermont.  In 2014, Ms. McKenzie was the winner of Champlain College’s Distinguished Citizen Award and has served on numerous boards of directors, including Central Vermont Public Service, VELCO, Vermont Yankee, Vermont Federal Bank, the Associated Industries of Vermont, and the American Meat Institute. 
  • Patti Pallito: A Director for Aon Captive Insurance & Management.  Ms. Pallito is responsible for the delivery of financial and insurance services to Aon's Vermont-based captive clients.  She holds an M.B.A. from Fordham University and is a C.P.A. 
  • Glenn Boyde: A long-time and well-respected Probation and Parole Officer for the State of Vermont.
  • Allison Crowley DeMag: A businesswoman and principal of Morris and Demag, Inc., which was founded in 1990 and assists clients achieve public-policy goals. 
  • Nancy Sheahan: A principal of McNeil, Leddy & Sheahan, one of the most respected law firms in Vermont.  She has expertise in constitutional violations, police misconduct and accepted police practices and policies. 
  • John Filipek:  A retired Vermont State Police officer who served the people of Vermont for 30 years.  Over his career, Mr. Filipek worked his way up through the ranks serving as Sergeant, Lieutenant, Captain and as Major of the Field Force Division. 

 

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 Police officer’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 State Police officer is obligated to promptly report any evidence or allegation of misconduct or improper conduct involving a State Police officer.  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.  By way of example, a complaint about a trooper writing an individual a ticket, or a complaint that a trooper 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 very limited circumstances.  Thus, specific details regarding these 2018 investigations cannot be made public.  Moreover, Internal Affairs investigations mostly deal with conduct that may or may not result in disciplinary action being taken against an employee, ranging from no discipline up to and including removal from service.   In essence, many of the matters SPAC deals with are personnel matters to which the employee has a right to privacy.  Police officers often are falsely accused of misconduct and are cleared after an internal affairs investigation.  In such circumstances, the law recognizes the officer’s right to privacy.  

 

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.”

 

 

- 30 -