§ 1923 - Internal investigation - Vermont Statutes

§ 1923. Internal investigation

(a) The commission shall advise and assist the commissioner in developing and making known routine procedures to ensure that allegations of misconduct by state police officers are investigated fully and fairly, and to ensure that appropriate action is taken with respect to such allegations.

(b) The commissioner shall establish an office of internal investigation within the department, which office shall investigate, or cause to be investigated, all allegations of misconduct by members of the department, except complaints lodged against members of the internal investigation office, which complaints shall be separately and independently investigated by officers designated for each instance by the commissioner, with the approval of the state police advisory commission. The head of the internal affairs unit shall report all allegations and his findings as to such allegations to the commissioner. The head of the internal affairs unit also shall immediately report all allegations to the state's attorney of the county in which the incident took place, to the attorney general and to the governor, unless the head of the unit makes a determination that the allegations do not include violation of a criminal statute. The head of the internal affairs unit shall also report the disposition of all cases so reported to the state's attorney, attorney general and governor.

(c) The office of internal investigation shall maintain a written log with respect to each allegation of misconduct made. The log shall document all action taken with respect to each allegation, including a notation of the person or persons assigned to the investigation, a list of all pertinent documents, all action taken, and the final disposition of each allegation. Failure of any member of the department to report to the office of internal investigation an allegation of misconduct known to such member, shall be grounds for disciplinary action by the commissioner, including dismissal.

(d) Records of the office of internal investigation shall be confidential, except:

(1) The state police advisory commission shall, at any time, have full and free access to such records; and

(2) The commissioner shall deliver such materials from the records of the office of internal investigation as may be necessary to appropriate prosecutorial authorities having jurisdiction; and

(3) The state police advisory commission shall, in its discretion, be entitled to report to such authorities as it may deem appropriate, or to the public, or to both, to ensure that proper action is taken in each case. (Added 1979, No. 156 (Adj. Sess.), § 1; amended 1981, No. 155 (Adj. Sess.), § 2, eff. April 12, 1982.)