{"data":{"id":"us-vt/20-v.s.a.-2407","jurisdiction":"us-vt","citation":"20 V.S.A. § 2407","heading":"Limitation on Council sanctions","body":"(a) Offenses of Category A and Category C conduct. After a valid investigation of Category A and Category C conduct made pursuant to section 2404 of this title concludes, the Council may impose a sanction for a first or subsequent offense of Category A or C conduct.\n(b) First offense of Category B conduct. After a valid investigation of Category B conduct made pursuant to section 2404 of this title concludes, the Council may impose a sanction for a first offense of Category B conduct only to the extent the sanction does not surpass any disciplinary action taken against the law enforcement officer by the law enforcement agency for the same alleged conduct, unless:\n(1) the law enforcement officer is terminated for the same alleged conduct or resigns;\n(2) the alleged conduct is committed by a law enforcement agency’s executive officer;\n(3) pursuant to section 2408 of this title, the law enforcement agency fails to conduct a valid investigation of the alleged conduct; or\n(4) the disciplinary action taken against the law enforcement officer by the law enforcement agency is clearly unreasonable considering the following factors:\n(A) the nature and seriousness of the offense;\n(B) the law enforcement officer’s job level, certification level, and type of employment;\n(C) the law enforcement officer’s past disciplinary record;\n(D) the law enforcement officer’s work record;\n(E) the effect of the offense on the law enforcement officer’s ability to perform satisfactorily;\n(F) the consistency of the penalty with those imposed upon other similarly situated law enforcement officers;\n(G) the consistency of the penalty with any applicable agency table of penalties;\n(H) the notoriety of the offense or its impact on the reputation of the law enforcement agency or law enforcement agencies as a whole across the State;\n(I) the clarity of notice;\n(J) the potential for the law enforcement officer’s rehabilitation;\n(K) mitigating circumstances surrounding the offense; and\n(L) the adequacy and effectiveness of alternative sanctions to deter such conduct in the future.\n(c) Second or subsequent offense of Category B conduct. After a valid investigation of Category B conduct made pursuant to section 2404 of this title concludes, the Council may impose a sanction for a second or subsequent offense of Category B conduct.\n(d) “Offense” defined. As used in this section, an “offense” means any offense committed by a law enforcement officer during the course of the law enforcement officer’s certification, and includes any offenses committed during employment at a current or previous law enforcement agency.","path":["Title 20: Internal Security and Public Safety","Chapter 151: Vermont Criminal Justice Council","Subchapter 002: UNPROFESSIONAL CONDUCT"],"source_url":"https://legislature.vermont.gov/statutes/section/20/151/02407","current_through":"2025 session","vintage":"","retrieved_at":"2026-09-05T17:17:04Z","sha256":"c12bfc1516aea9e20c70bc8918c17838bd5ad6390f6ae6dda2ace4bef522d173","source_id":"us-vt","stale":false,"prev":"us-vt/20-v.s.a.-2406","next":"us-vt/20-v.s.a.-2408"},"notice":"GroundRules: Original legal text. Not legal advice."}