VSP issues statement on messages sent to elections officials

 

STATE OF VERMONT

DEPARTMENT OF PUBLIC SAFETY

VERMONT STATE POLICE

 

Vermont State Police issues statement on messages sent to elections officials

 

WATERBURY, Vermont (Wednesday, Nov. 10, 2021) — Over the past year, elections officials in numerous states, including Vermont, have received disturbing emails, phone calls and voicemail messages regarding the outcome of the 2020 presidential election. The Vermont Secretary of State’s Office received numerous voicemails that were offensive, profane, and upsetting. The office informed the Vermont State Police and the FBI of these messages. Both agencies conducted independent reviews. The state police obtained an independent legal analysis of the content of the messages from prosecutors in Washington County.

 

After review, the state’s attorney determined that the messages did not rise to the level of criminal conduct and are in fact protected speech. His legal conclusions are available at this link.

 

Recent media coverage has suggested that the phone number in question was “untraceable.” However, that quote was taken out of context from an internal email, which also stated that numerous court-ordered search warrants would be required to determine subscriber information, among other things. Because search warrants require probable cause for an underlying crime, and because there is no evidence of criminal conduct at this point, the state police is unable to proceed with any court process as part of the investigation.

 

“The safety and security of state employees and public servants is a priority for the Vermont State Police and my office. This matter was investigated with the utmost seriousness, as was appropriate given the nature of these repugnant messages,” Washington County State’s Attorney Rory Thibault said. “Although the communications are offensive and alarming, I concluded that they failed to rise to criminal conduct under current Vermont law. Fortunately, the rule of law is alive and well in Vermont, much due to the dedication of our election officials and public servants.”

 

The Vermont State Police agrees that elections officials are dedicated, hardworking public servants who are the backbones of our democracy. Like all of us, they deserve to go to work and do their jobs without fear and intimidation. That said, the police should not and cannot make up or willfully misconstrue the law in order to affect a desired outcome.

 

The Vermont State Police takes threats to all government officials seriously and will thoroughly investigate and forward for review any threats to the appropriate prosecutorial authority.

 

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State Police Advisory Commission releases synopsis of misconduct investigations involving VSP troopers

 

STATE OF VERMONT

DEPARTMENT OF PUBLIC SAFETY

STATE POLICE ADVISORY COMMISSION

 

 

State Police Advisory Commission releases synopsis of misconduct investigations involving Vermont State Police troopers

 

WATERBURY, Vermont (Thursday, Nov. 4, 2021) — The Vermont Department of Public Safety and the State Police Advisory Commission today are releasing the second semiannual detailed summary of internal investigations involving members of the Vermont State Police.

 

The release of these detailed synopses began in January 2021 and is designed to provide greater transparency, public awareness and oversight to the activities of the Vermont State Police, while balancing rules regarding internal investigations and the need to have internal investigations completed before public dissemination.

 

A report, available at this link, contains synopses of the 11 matters that came before SPAC from July 1, 2020, to Dec. 31, 2020.

 

The report shows that of the 11 cases, eight came to the attention of supervisors due to internal reporting by members of the state police, while three matters arose through concerns raised by community members.

 

Three of the complaints were determined to have represented no violation of VSP policy by the member in question. The other eight complaints either were substantiated, or the trooper involved resigned before the internal investigation concluded. The complaints in this category included instances related to accidental firearms discharge; off-duty alcohol consumption; violations of COVID-19 safety protocols; mistreatment of other troopers; discourteousness with the public; inaccuracies in a traffic ticket; and an instance of domestic assault. Sanctions for the substantiated violations ranged from letters of reprimand to termination of employment.

 

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 highly respected professionals and represent a cross-section of Vermont. They are: Chairwoman Nancy Sheahan; Vice Chairman Glenn Boyde; and members Allison Crowley, John Filipek, Shirley Jefferson, and Mary Alice McKenzie.

 

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 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 generally are 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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