One trooper didn’t report an on-duty motor-vehicle crash he was involved in. Another had a “negligent accidental” discharge of a firearm while training. Two others failed to comply with Covid-19 rules.
Those were among the six misconduct complaints over a six-month span last year that a state panel says warranted discipline among the Vermont State Police.
The recently released findings from the state Department of Public Safety cover the 10 misconduct complaints reviewed between Jan. 1, 2020, and June 30, 2020. Six were found to be “substantiated”; four were determined not to have violated law enforcement policy.
For the first time, the Department of Public Safety provided summaries of the cases that had been reviewed by the State Police Advisory Panel. In the past, state officials had only disclosed statistical information.
The move comes on the heels of a recent VTDigger three-part series on dishonest cops, “Tarnished Badge.”
“Synopses in the report do not include identifying information about the troopers involved, which is confidential as a matter of law,” says a statement accompanying release of the document.
The sanctions levied against the troopers who were disciplined ranged from short suspensions without pay to reprimands.
In one substantiated case, according to the document, a trooper violated the governor’s executive order regarding the Covid-19 virus by attending an exercise facility that had been ordered closed. That led to a one-day suspension without pay.
Another trooper, according to the document, “failed to adhere to the health precautions established by the state police” regarding Covid-19 and also received a letter of reprimand.
Also, for not reporting an on-duty motor-vehicle crash, a trooper lost four days of vacation. No details of the crash are provided in the document.
In another substantiated case, the document stated, a trooper “experienced a negligent accidental discharge of his firearm” while at a firearm training, and received a letter of reprimand, lost two vacation days, and was ordered into remedial training.
The seven-member State Police Advisory Commission is responsible for providing “advice and counsel” to the public safety commissioner on matters regarding misconduct allegations that rise to the level of internal investigations against Vermont State Police officers.
Nancy Sheahan, chair of the commission, on Friday said the decision to release additional information about misconduct cases was a “joint decision” between the commission and Vermont Public Safety Commissioner Michael Schirling.
“Obviously, there have been a lot of requests for this information,” Sheahan said. Police conduct has been in the spotlight since George Floyd was killed in Minneapolis during the summer.
Sheahan said typically the public safety commissioner provides a recommendation about a misconduct case, but sometimes is looking for guidance.
“Ultimately, it’s not SPAC’s decision, but as the statute indicates, we’re there to advise the commissioner and assist in any way we can,” she said.
Schirling, the public safety commissioner, could not be reached by phone Friday for comment. In an email, he said his department decided to release the additional information to increase transparency and then “created the product.” Then, he added, when it was presented to the advisory panel, which “supported it wholeheartedly.”
Sheahan’s role as chair of the commission has raised questions over the independence of the reviews conducted. Sheahan is a partner at the Burlington law firm McNeil Leddy & Sheahan, which often represents municipalities and government agencies.
Her biographical information on the firm’s website states that she has “particular expertise in defending governmental entities, officials and employees in civil rights matters.”
“This expertise includes handling cases alleging constitutional violations and police misconduct such as excessive force and unlawful arrest claims as well as state claims of negligent training, investigation and malicious prosecution.”
Robert Appel, a Burlington lawyer who has been the state’s defender general and head of the Vermont Human Rights Commission, has long advocated for greater transparency from the advisory panel.
He described Sheahan as “ competent,” but he said her role as the panel’s chair “sends the wrong message.”
Schirling said the panel has been independent, engaged and thorough.
“To add some additional context — while some have prior affiliation with or deeper knowledge of law enforcement operations,” he said, “it has been my experience for the last 30 years that those in any way affiliated with law enforcement tend to be even more critical” of law enforcement operations and misconduct than the general public.
Appel said state law requires the State Police Advisory Commission to report to the public or appropriate authorities “to ensure that proper action is taken in each case.” The panel’s recent stab at transparency is a step in the right direction, he said.
“Frankly, I find it a pathetic start,” Appel said, “but it is a start.”
Similar information about misconduct cases will continue to be made public in six-month increments, according to the department.
