Members of Burlington’s police commission sparred with acting police chief Jon Murad on questions of oversight Tuesday night.
In recent weeks, tensions have ratcheted up between the commission, which oversees police discipline in the city, and Burlington law enforcement. At a previous meeting, some commissioners raised concerns about officers’ conduct during an altercation in which a 19-year-old was tased. That discussion sparked a backlash from the police union, which publicly maligned commissioners. They faced threats on social media as a result.
Commissioners said Tuesday they planned to seek outside, independent counsel for legal advice.
“There’s a lot of community concern that this is not an independent body. And there are things that have happened recently that make me feel that way,” said commissioner Melo Grant. “We really get run over sometimes. That is the way I feel.”
The commission may review and investigate complaints, but disciplinary decisions are made by the police chief. Murad participates alongside commissioners in meetings.
Activists have called for eliminating the commission and for the appointment of an independent oversight body that would investigate alleged police misconduct and take disciplinary action. Mayor Miro Weinberger recently rejected a ballot initiative that would have given more authority to a new oversight board.
The meeting grew tense as the conversation turned to a plan for addressing racial disparities in officers’ use of force. Of the 149 people who were subjected to force in Burlington last year, more than 28% were Black, even though Black people make up only 6% of the local population. The commission had asked Murad to present a road map for how the department could improve.
Commissioners were frustrated that Murad’s proposal included few specifics about what steps law enforcement would take to ensure fair policing going forward.
Murad questioned whether racial or gender disparities in policing indicated bias on the part of officers, suggesting the disparities might instead be “driven by behavior,” though he acknowledged it was “more complicated than that.”
Because Burlington officers have not fatally injured a Black individual or another person of color in recent years, the chief argued that the local conversation should look different. “These issues are national ones, not Burlington ones,” he said.
The city has faced several lawsuits from Black residents over officers’ use of force.
Statistics show Black people in Burlington are subjected to force at a higher rate than white people. They are also far more likely to have a gun pointed at them than white people. From 2016 through 2020, Burlington police officers pointed a gun at a person 319 times. In 100 of those incidents, the person was Black.
The department has repeatedly justified this disparity by saying that officers draw weapons during search warrants. Murad repeated this on Tuesday. “Firearm pointing happens disproportionately during search warrant executions,” he said.
But according to the data, most incidents where officers pointed a gun at a Black individual — 87% — were not labeled as involving a search warrant.
Murad did propose several solutions to the disparities, including a potential project called “NewAmStat,” modeled after New York City’s “CompStat” program, a policing strategy based on data collection. The name refers to Burlington’s “New American” communities.
He also suggested additional neighborhood outreach by the police department, in the form of “neighborhood connection teams.”
Commissioners were unimpressed.
“The only discussion that I saw about racial disparities in use of force was where you seemed like you were suggesting that there might not be a disparity in use of force which merits attention from BPD,” said commissioner Randall Harp.
Commissioner Stephanie Seguino echoed Harp’s concerns. “I think it would be important to develop a timeline and get a more detailed plan,” she told Murad, though she said she “appreciate[d] you taking this as a first step.”
“Is it your expectation that the disparities disappear?” Murad said in reply.
Seguino called the response “not respectful, quite frankly.” Grant echoed her: “No one has talked in terms of disappearing. That’s a pipe dream.”
“We can do better. We’re asking you to come up with a plan to do better,” Grant said.
The commission asked Murad to report at future meetings on the use-of-force disparities.
The body also began work Tuesday on a policy for release of body-worn camera footage by the Burlington police — another source of conflict. At the previous meeting, some commissioners had requested additional footage of the Jan. 7 tasing incident, which the Burlington police declined to release.
That footage was recorded by officers who arrived at the scene after the altercation that drew the complaint had ended. However, the footage did contain witness statements describing the incident, which some commissioners believed would shed light on the use of force.
Murad has maintained that the department is bound by law not to release the footage, because the case is being tried in juvenile court. Commissioners hope to clarify standards for video disclosure.
Seguino said that, because of the circumstances, the idea of forming an independent oversight board has gained more urgency.
“It could be a year before we revisit the charter change issue, and it actually happens,” Seguino said. “I think we need to do something now.”