Local law enforcement officials Tuesday urged senators to reject a bill that would eliminate part-time police officers.
The bill, H.765, replaces the state’s full- and part-time officer programs with three tiers of training that correspond to levels of authority.
In Vermont, part-time officers have the same police power as full-time officers but receive much less training. H.765 also eliminates the cap on the number of hours part-time officers can work per week, which is now 32.
Currently, part-time officers must attend a 58-hour academy then complete 50 hours of additional training and 60 hours of field training. They must also complete 30 hours of training each year.
If passed, the bill would create three levels of police officers. Level 3 training would give full-time officers who have completed a 16-week residential police academy program complete policing power. Level 2 officers would be allowed to respond to calls for crimes in progress. Level 1 officers would be allowed to perform security, transport, vehicle escorts and traffic control.
The bill passed the House and is before the Senate Government Operations Committee, which has taken one round of testimony.
The Law Enforcement Advisory Board and the Vermont Sheriffs’ Association support the bill, but some local chiefs and constables oppose it.
Police chiefs testified against a provision in the bill because it does not specifically say what powers, or “scope of practice,” officers would have at each level.
The bill charges the Criminal Justice Training Council with determining the scope of service for each level and approving the type of training for each level.
“We’re not committing to absolutes with regard to scope of practice,” said Rick Gauthier, the council’s executive director and chairman of the Law Enforcement Advisory Board.
Sen. Eldred French, D-Rutland, on Tuesday said he understands the angst among part-time officers who are concerned about what authority they will have under the new rules.
“Right now, there’s a lot of unknowns,” said Sen. Anthony Pollina, D/P/W-Washington.
Pollina said he would not want officers to hesitate to react to a situation while deducing whether an action was within his or her scope of service.
Sen. Jeanette White, D-Windsor, chair of the committee, said the group could amend the bill to be more specific. She said the committee will take at least one more round of testimony.
The committee also heard from Hinesburg Police Chief Frank Koss, who laid out his reasons for opposing the bill. Rep. Bill Lippert, a Hinesburg Democrat and chair of House Judiciary, is the sponsor of the legislation.
The original bill grandfathered in existing part-time officers, but the current version does not, Koss said.
“All of a sudden I have to really hope that the (Criminal Justice Training) council decides that my part-time officers are going to have the authority I need,” Koss said.
Instead of passing the bill, Koss urged the committee to include part-time policing in a sweeping study of policing in Vermont. A bill authorizing that study is also before the Senate Government Operations Committee.
Eugene Bifano, a constable in Warren and vice president of the Vermont Constables Association, also asked for a study of part-time policing and for proof that reform is necessary.
Bifano also asked for a constable and a chief from a small police department to be appointed to the Criminal Justice Training Council.
He said the different “scopes of service” will create a liability for officers if they perform a task that is outside their allowed scope.
Other words in the bill are vague, Bifano said, such as a section that says a Level 1 officer may “react” to a felony.
