§ 1923. Internal investigation

(a)(1) The State Police Advisory 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.

(2) The Commissioner shall ensure that the procedures described in subdivision (1) of this subsection constitute an effective internal affairs program in order to comply with section 2402 of this title.

(b)(1) The Commissioner shall establish the Office of Internal Investigation within the Department, which shall investigate, or cause to be investigated, all allegations of misconduct by members of the Department, except complaints lodged against members of the Office, which shall be separately and independently investigated by officers designated for each instance by the Commissioner, with the approval of the State Police Advisory Commission.

(2) The head of the Office shall report all allegations and his or her findings as to such allegations to the Commissioner. The head of the Office also shall immediately report all allegations to the State's Attorney of the county in which the incident took place, the Attorney General, and the Governor, unless the head of the Office makes a determination that the allegations do not include a violation of a criminal statute. The head of the Office shall also report the disposition of all cases so reported to the State's Attorney, Attorney General, and Governor.

(c)(1) 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.

(2) Failure of any member of the Department to report to the Office an allegation of misconduct known to the 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;

(2) the Commissioner shall deliver such materials from the records of the Office as may be necessary to appropriate prosecutorial authorities having jurisdiction;

(3) the Director of the State Police or the Chair of the State Police Advisory Commission shall report to the Vermont Criminal Justice Training Council as required by section 2403 of this title; and

(4) 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 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; 2017, No. 56, § 5, eff. July 1, 2018.)