Scores of Burlington residents called into an emergency City Council meeting Tuesday night to call for the removal of three police officers accused of excessive force.
Protesters have been inhabiting Battery Park for more than two weeks and say they won’t leave until the three Burlington Police officers — Jason Bellavance, Cory Campbell and Joseph Corrow — are removed. However, Burlington Mayor Miro Weinberger has said his hands are tied and that legal and union protections keep the officers from being terminated.
Still, the council discussed what few options it may have to remove these officers. The council unanimously passed a resolution to charge the city’s charter change committee to begin assessing how the city could revise who makes police disciplinary decisions. The resolution also requested that the Police Commission citizen oversight group “begin a review and analysis of impediments to stronger disciplinary measures in police encounters” that involve excessive force.
As of now, the city’s charter only allows the chief of police to hire and fire officers — which is one of the reasons why Weinberger has said he can’t remove the three officers.
However, that charter change would not retroactively allow the city to remove the three officers currently under fire. Eileen Blackwood, the city’s attorney, told councilors they have limited legal options for multiple reasons — she pointed to the police union’s contract, constitutional due process obligations and just cause firing restrictions.
“I don’t think the city can take further action against these officers for these incidents, without exposing the city to significant legal action and potentially substantial damages, as well as possible reinstatement of the officers,” Blackwood told the councilors.
Councilor Perri Freeman, P-Central District, asked Blackwood if she could speak generally about how a severance agreement between the city and the officers could be formulated. Blackwood couldn’t go into specifics about what a severance agreement with the officers might look like at risk of prejudicing pending lawsuits.
“A severance agreement requires that there be some payment to the employee or the employer,” Blackwood said. “It requires some kind of payment. And it requires that there be a meeting of the minds. So, both parties have to agree to what that looks like.”
Weinberger said he couldn’t discuss publicly what steps the city was taking, if any, to remove the officers. He told councilors that he could give them more details in executive session.
The council entered executive session just before 11 p.m. and continued until just after 1 a.m., when they adjourned with no further action. The issues are expected to be discussed further at Monday’s council meeting.
Debate ensued at one point as to whether the resolution should include language exempting protesters from the city’s camping ordinances, which could restrict them from continuing their encampment at Battery Park. That amendment ultimately failed. Language was also removed from the original resolution requesting that protesters abide the city’s camping ordinances.
Burlington residents, both those who supported the actions in Battery Park and who participated themselves, strongly urged the council to find a way around legal barriers and remove the officers. Many said they would support the city spending the money to remove these officers who they say are an ongoing threat to Burlington residents.
“I’m calling this council and city leadership to fire violent Burlington Police Department officers Bellavance, Corrow and Campbell,” Burlington resident Ashley Laporte told councilors during the public comment session. She described the body camera footage showing Bellavance shoving Jeremie Meli into a wall during a September night in 2018, and how Meli’s head can be heard to “crack.”
“I have heard many reports that this is legally not a viable option to fire them and that it will cost the city money,” Laporte said. “Consider it reparations for not doing the right thing the first time around.”
Racial justice advocate Mark Hughes also spoke during the public comment section. Last week he resigned from the Burlington Police Commission because he said it didn’t have the teeth to be effective.
He said he’s tired of hearing proposal after proposal from officials in the city to address systemic racism that he feels haven’t made a real difference.
“It confuses me why these officers haven’t stepped down in the first place,” Hughes said. “And it confuses me more as to why you don’t help them.”
Battery Park demonstrator Jess Laporte, who is Ashley Laporte’s sister, also read a statement to councilors, urging them to understand that the legal hurdles keeping the city from removing these officers are also a part of a systemically racist structure.
“We implore you to push beyond whatever monetary and legal challenges you face,” Laporte said. “These challenges are part of an inherently racist system.”
