Police Commission

Police Commission Tuesday, April 28, 2026, 6:00 PM, Zoom/Contois Auditorium When: Apr 28, 2026 06:00 PM Eastern Time (US and Canada) Topic: Police Commission 04.28.26 Join from PC, Mac, iPad, or Android: https://us02web.zoom.us/j/83688523309 Phone one-tap: +16469313860,,83688523309# US +13017158592,,83688523309# US (Washington DC) Join via audio: +1 646 931 3860 US +1 301 715 8592 US (Washington DC) +1 305 224 1968 US +1 309 205 3325 US +1 312 626 6799 US (Chicago) +1 646 558 8656 US (New York) +1 507 473 4847 US +1 564 217 2000 US +1 669 444 9171 US +1 669 900 9128 US (San Jose) +1 689 278 1000 US +1 719 359 4580 US +1 253 205 0468 US +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) +1 360 209 5623 US +1 386 347 5053 US Webinar ID: 836 8852 3309 International numbers available: https://us02web.zoom.us/u/kp9GaGbw4 1. Agenda 1.1. Call to Order 1.2. Roll Call and Determination of Quorum 1.3. Additions or Modifications to Agenda 2. Adopt Minutes 2.1. Motion to adopt previous meeting's minutes 3. Public Comment (Time Limited: 10 Minutes) 3.1. The public is invited to address the Commission Page 1 of 46 4. Police Department Business 4.1. Chief's Report 5. Commission Business (Time Limited 90 Minutes) 5.1. Committee Reports from All Committees Complaints Committee Animal Control Committee 5.2. Bylaws disucssion, continuation 5.3. Fair and Impartial Policing Policy re: 03/11 ICE Operation Community Organizations Discussion 5.4. Bodycam Release Discussion 5.5. Open Letter Discussion 6. Commendations (Time Limited: 15 Minutes) 7. Announcement of Next Meeting Date - 5/26/26 8. Executive Session 8.1. Executive Session 9. Adjournment 9.1. Motion to Adjourn 10. Informational and Non-Discrimination Statements Subject 10.1. This agenda is available in alternative formats upon request. For more information on access, call Lori Olberg, Licensing, Voting and Records Coordinator (802-865-7136)(TTY 802-865-7142). Persons with disabilities who require assistance or special arrangements to participate are encouraged to contact 802-865-7000 (voice) or 802-865-7142 (TTY) at least 72 hours in advance so that proper arrangements can be made. This meeting will also air on Town Meeting TV the Wednesday after the meeting, starting at 8:00 pm and repeating at 1:00 am and 7:00 am the following day. The City of Burlington will not tolerate unlawful harassment or discrimination on the basis of political or religious affiliation, race, color, national origin, place of birth, ancestry, age, sex, sexual orientation, gender identity, marital status, veteran status, disability, HIV positive status, crime victim status or genetic information. Meeting April 28, 2026 - Police Commission Meeting - Tuesday, April 28, 2026, 6:00 PM, Zoom/Contois Auditorium Category 10. Informational and Non-Discrimination Statements Department Council and Board Type Page 2 of 46  Police Commission Tuesday, March 24th, 2026 Remote via Zoom and In-person in Contois Auditorium City Hall Burlington, Vermont DRAFT MINUTES Members Present: Commissioner Depper, Commissioner Ginorio, Commissioner Paul, and Commissioner Finneran Members Online: Commissioner Cox Staff Present: Interim Chief Burke, DC Young, Director of Human Resources Lynn Reagan online, Command Staff Assistant Shibe Couchman online. 1. Agenda 1.1. Call to Order Meeting called to order at 6:00 pm by Commissioner Depper. 1.2. Roll Call and Determination of Quorum Required quorum present. 1.3. Motions for Additions or Modifications to Agenda (Time Limited: 15 Minutes) Commissioner Cox motions to remove Executive Session from the agenda because it is no longer needed, Chair Depper seconds. Unanimously approved. 2. Adopt Minutes 2.1. Motion to Adopt Draft Minutes from February 24th, 2026 Commissioner Ginorio moved to adopt the previous meeting’s minutes, seconded by Chair Depper. Unanimously approved. 3. Public Forum (Time Limited: 10 Minutes) 3.1. The Public is Invited to Address the Commission Councilor Melo Grant brings up the previous evening’s City Council meeting and urges individuals to watch all footage of the ICE incident of March 11th. She would also like to see discussion of use of force. 4. Police Department Business (Time Limited: 60 Minutes) 4.1.Chief’s Report -Chief Search Update and ICE Event Discussion Lynn Reagan, Director of HR, gave an overview of the permanent Chief search process. IACP is putting together a candidate profile. Commissioner Paul asks if the process will begin soon and if there will be a committee as desired by the Mayor. Lynn Reagan does not know what the Mayor’s intentions are but that the profile is hopeful to be completed soon to begin the search process. Commissioner Cox asks for clarity if the Commission is part of the process. Lynn Reagan does not know the direct answer but there is time until candidates are brought to Vermont after the ICAP screening. Page 3 of 46 Chief Burke presents a slideshow regarding the South Burlington mutual aid of the ICE events of March 11th. This presentation contains relevant department directives, personnel assigned to the mutual aid response, time/locations of BPD Officers, arrest made by BPD, equipment brought to the scene, the BPD complaint process and current point of the process, and the Executive Order for disciplinary decisions. Chair Depper asks Chief Burke if the Police Commission can obtain bodycam footage of the event. Chief Burke offers Attorney Hayley McClenahan’s opinion that was sent to the Commission. Commissioner Ginorio agrees that worse or more violence could have occurred at the incident if local police were not there. Commissioner Ginorio gives different situations to ask if BPD Officers would have a duty to intervene regarding force. Commissioner Finneran asks if Chief Burke has anything at this moment, he wishes went differently regarding BPD Officers. He answers with no, not at this moment because he too relies on a fulsome review and tries to remain unbiased before a full package of information reaches him. Commissioner Paul asks if the hopes of the administrative review completion within 30 days is counted 30 days from the incident or 30 days from the Police Commission meeting (Tuesday, March 24th, 2026). Chief Burke clarifies 30 days after the incident. Commissioner Paul asks if the 121 complaints regarding this incident are official complaints or if several of the 121 are not considered official complaints. Chief Burke answers that the full 121 are considered complaints. Commissioner Paul ends by saying Chief Burkes words of the day are insightful and meaningful, where his answers are refreshing and indicative of a Chief who wants to do their best, ultimately urging that all must do better. 5. Commission Business (Time Limited: 60 Minutes) 5.1.Committee Reports from All Committees Complaints Committee Animal Control Committee The Complaints Committee has a potential scheduling. Complaints Committee can meet and work administratively without warning a meeting. Chair Depper encourages to go forward with the Complaint Committee as it stands now. The Animal Control Committee has a meeting scheduled for April 1st. 5.2. Bylaws Discussion Chair Depper recaps what was discussed regarding bylaws the month before. Commissioner Cox asks to table this discussion until next meeting to allow time to review. Commissioner Ginorio seconds. Passed. 6. Commendations (Time Limited: 15 Minutes) Officer Commendations N/A 7. Announcement of Next Meeting Date April 28th, 2026. Page 4 of 46  8. Adjournment 8.1. Motion to Adjourn The Commission adjourned the public meeting at 7:49pm. Page 5 of 46  BURLINGTON POLICE DEPARTMENT DEPARTMENT DIRECTIVE DD45 Crisis, Advocacy, Intervention Programs Reviewed and published Month Date, Year ______________________________________________________________________________ PURPOSE: The purpose of this policy is to define and contextualize the day-to-day functioning of positions assigned to the Crisis, Advocacy, Intervention Program (CAIP) of the department. The civilian employees who make up CAIP work to address the underlying social service needs of individuals who intersect with the public safety system, as well as provide a real-time response to needs outside of the scope of law enforcement. These positions seek to diversify the first responder field with positions that can assist with issues outside of the scope of public safety and law enforcement. Members of CAIP actively work to bridge growing gaps in social services by addressing unmet needs and decreasing a person’s reliance on public systems such as police and fire to meet those needs. POLICY: To provide sensitive, fair, and high-quality social services to the citizens of Burlington through professional assistance that best meets the needs of the circumstances and the person. CONTENTS: I. Department Specific Expectations for Civilian Employees II. Community Support Liaison (CSL) Team Structure and Work III. Domestic Violence Victim Advocate (DVVA) Position IV. Victim Services Specialist (VSS) Position V. Utilization of Abandoned Property by CAIP VI. Addendum ______________________________________________________________________________ I. DEPARTMENT-SPECIFIC EXPECTATIONS FOR CIVILIAN EMPLOYEES Each member of the Crisis, Advocacy, Intervention Program (CAIP) Unit is responsible for understanding multiple department directives. The following directives can be found online on the PowerDMS platform. Each member of CAIP is expected to read and sign off on understanding the nature of each directive. A. Directive List: 1. DD01: Law Enforcement Role & Authority, Ethics, Organizational Structure & Department Rules 2. DD02.01 Shift Assignments, Areas, Supervision, Notifications, & Facility Inspections 3. DD0202: Grooming Standards, Uniforms, Equipment, Inspections, & Use of Tobacco Products 4. DD03: Statewide Policy on Fair and Impartial Policing Page 6 of 46 DD45 Page 2 of 21 Crisis, Advocacy, Intervention Programs (Month Date, Year) 5. DD04: Operation of Police Vehicles, Response Codes, Pursuits 6. DD10: Evidence, Contraband, Found Property 7. DD11: Victim Witness Assistance 8. DD13.01: Interacting with Persons with Limited English Proficiency 9. DD 13.02: Interacting with Persons with Disabilities 10. DD13.03: Interacting with Persons with Diminished Capacity 11. DD21.02: Domestic Violence by Law Enforcement Employees-Prevention & Early Warning Initiatives 12. DD28: Information Technology & Electronic Communication 13. DD30: Public Information 14. DD31: Ride Along Program 15. DD33: Juvenile Operations 16. DD37: Training 17. DD38: Department Property & Purchasing Orders 18. DD39: Personnel 19. DD40: Quality Control, Internal Investigations & Discipline 20. DD42.01: City Access Cards & Facility Access 21. DD43: Reporting Corruption & Misconduct 22. Valcour User Agreement 23. City of Burlington Personnel Policy Manual 24. AFSCME Union Contract 25. Applicable Job Description II. COMMUNITY SUPPORT LIAISON (CSL) TEAM STRUCTURE AND WORK A Community Support Liaison is responsible for responding to requests for assistance from the dispatch center and the public, where elements of a crime or safety concern have not been reported. A. Community Support Liaison Team Purpose 1. The CSL team and CAIP manager work in collaboration with the Officer in Charge of the Uniform Services Bureau to address calls for service that can be safely and effectively addressed by the CSL team. 2. On occasion, members of the team will work collaboratively with members of the Detective Services Bureau and its respective supervisors. 3. Proactive assistance is also expected to be offered, as an additional intention of the program is to reduce the workload of officers, specifically when a law enforcement presence is not necessary, but a skilled, knowledgeable professional is still needed. 4. Proactive work assists with reducing community members’ reliance on emergency care systems by providing individuals with pathways to sustained support and recovery. 5. The team engages in forensic social work, which is a specialized area within the social work profession. It employs an integrative approach, encompassing generalist, specialized, and collaborative methods, in serving diverse populations affected by civil and/or criminal legal issues. This work merges core social work principles (e.g.., Page 7 of 46 DD45 Page 3 of 21 Crisis, Advocacy, Intervention Programs (Month Date, Year) person-centered, trauma-informed, strength-based approaches, including harm reduction) with a specialized understanding to address both social functioning and broader socio-legal environment. B. CSL Team Structure and Scope 1. The CSL position functions as both a generalist and a specialist. They are required to have a deep understanding of what social service resources exist in the community, as well as a general knowledge of the criminal and civil justice systems. 2. Service provision completed by a CSL is typically done in the community, unless someone is physically seeking assistance at 1 North Avenue. 3. CSLs are supervised by the CAIP manager. 4. The CSL team schedule rotates monthly and consists of four ten-hour shifts per week. There are two CSLs scheduled per shift, except for weekends when there is one CSL per shift. The first shift is 0800-1800 or 0900-1900. Second shift is 1100-2100. Both shifts have flexible schedules, often guided by client needs. All schedules will be accurately reflected in PowerTime and UKG by the CAIP manager. 5. The administration of the police department reserves all rights with respect to schedule changes as outlined in the collective bargaining agreement between the City of Burlington and the American Federation of State, County, and Municipal Employees (AFSCME). 6. To best serve the department and the community, the schedule is structured to maximize CSL availability and allow time for proactive work, which is necessary to address recidivism. 7. When four CSLs (two first shift and two second shift) are scheduled, one CSL from each shift will be designated as the primary CSL. The primary CSL shall: a. Prioritize responding to calls for assistance from dispatch (police and fire). b. Will enter P in the notes line of Valcour to alert dispatch who the primary is. c. Show themselves as “10-8/Available for calls” in the Valcour system during any foot patrols, community outreach, or encampment outreach. The CSL will have their radios on and are expected to wear their earpieces. d. Not engage in any service coordination activities. 8. When three CSLs (one of one shift and two of another) are scheduled, the shift that has two CSLs scheduled will designate one of the CSLs as the primary CSL. 9. If there are two CSLs (one on each shift) scheduled, each will be considered the primary CSL for their respective shift. 10. If there are two CSLs on the same shift, one CSL will be considered primary. 11. A CSL is a mandated reporter per Title 33, VSA 4913 & VSA 6902. HIPAA restrictions apply to some of their work. 12. A CSL is a public servant. As a public servant, refusal of service is limited to circumstances where it is unsafe for a CSL to engage, either independently or in tandem. No other forms of denial are approved without speaking to the CAIP manager before refusal of service. If a provider requests that a CSL not respond or limit support, the CSL shall: a. explain to the provider why refusal of service is not an option. Page 8 of 46 DD45 Page 4 of 21 Crisis, Advocacy, Intervention Programs (Month Date, Year) b. clarify the role of the CSL, and the intention is to support, and solve problems in the moment, not to duplicate service provision. c. work collaboratively with community providers to the best of their ability. d. report any communication breakdowns or pushback to the CAIP manager. C. Workflows and Use of Law Enforcement Records Management System 1. All personnel within CAIP shall engage in both reactive and proactive work. Some positions are intended to respond to field-based requests for service, while other positions (i.e., DVVA and VSS) only complete reactive work if a community member comes to the building seeking support. 2. Reactive work is defined as activities related to real-time requests for assistance that come through the police department’s dispatch center. The call types a CSL can respond to vary, depending on the information initially provided. 3. Proactive work is defined as an activity that is not considered urgent and involves elements of community engagement, outreach, or case management services. a. Use of the Valcour System i. Valcour is the state of Vermont’s law enforcement records management system, governed by Title 1, VSA 317. ii. For the CSL team to maintain safety as civilian responders, the positions have access to the law enforcement information management system, referred to as Valcour. iii. Civilian positions, including CAIP positions, are only permitted to view incidents directly related to their job duties. iv. No position under CAIP is permitted to view outside law enforcement agencies’ incidents unless otherwise specified in this policy. v. CAIP personnel shall be familiar with the expectations of use that all Valcour users agree to, in order to access the system. For the purposes of this policy, all CAIP personnel shall understand: 1. General data is defined as data that includes dates and times of incidents; biographical information such as race, gender, and age that does not personally identify an individual, general vehicle information, excluding biographical information, general incident type, crime, violation, or ordinance reporting; and location information such as street and intersection, but not street number or other exact geo- referenced location, and any other data approved by the Valcour Board. 2. Specific Data is all other data not defined as general data is specific data, which includes, but is not limited to: individual incident reports, narratives, documents, images, video, audio, and the identities of any person involved in an incident including staff personal identifying information such as names, dates of birth, or license numbers, specific street addresses (by street number), and information related to any event that has been partitioned or blocked by a user or agency because Page 9 of 46 DD45 Page 5 of 21 Crisis, Advocacy, Intervention Programs (Month Date, Year) disclosure of any fragment of the incident would compromise an ongoing investigation. 3. Any release of specific data must be done by, or with the express consent of the primary investigating agency (the ORI that originates the data). 4. Incident numbers that originate from this department can be shared for the purpose of making a records request. Incident numbers originating outside this agency cannot be shared. 5. That prioritizing their active/inactive status on the Valcour dashboard is essential to their safety in the field, as well as ensuring dispatch personnel have a real-time understanding of deployable resources. Repeated failures to do so will result in disciplinary measures. For information related to the disciplinary process, see department directive DD40 and the Comprehensive City Personnel Policy Manual. 6. Misuse of Valcour, and any of its related information, is grounds for disciplinary measures. Suspected misuse will be reported to the CAIP manager and deputy chief of administration as soon as they become aware. 4. Reactive Work a. When engaging in reactive work, a CSL or CAIP manager team shall: i. be dispatched as the primary first responder. ii. be dispatched to a scene after an officer has arrived. iii. receive referrals after an officer has left the scene. iv. contact dispatch at the start/end of shift to report they are on/off duty. This ensures that sworn supervisors and dispatch have an accurate understanding of resources available. v. accurately reflect their status in Valcour when engaging in work related to answering the CSL phone line by creating and attaching themselves to an incident. vi. not view any incident of any other police department in the Valcour system. If a community member needs assistance with obtaining information from another department, the CSL or team supervisor can inform them of the correct agency but nothing additional. The CSL or team supervisor can research the respective agency’s non-emergency number or process specific to making a records request, as additional information that can be provided to the caller. b. Calls from Dispatch i. One of the core functions of the CSL position is to respond to requests for assistance from the department's dispatch center. ii. If the CSL or team supervisor is responding independently in the field or to the department lobbies, as requested by dispatch, they shall: 1. open the incident to read the dispatch narrative. 2. look at the person’s recent history listed under their name jacket. Page 10 of 46 DD45 Page 6 of 21 Crisis, Advocacy, Intervention Programs (Month Date, Year) 3. open and read dispatch narratives of same day incidents (i.e. person attached to the incident had multiple contacts in the same day). This allows the team members to ensure they have a more complete understanding of the state of the person on scene and that they are the most appropriate resource. 4. Do not click into incident details they are not directly responding to unless it is necessary to assist with the response or paperwork related to a court process. 5. not view attachments within an incident that are not necessary for completing paperwork. The CSL or team supervisors shall not view them without explicit permission from the referring officer or Officer in Charge. 6. have their radio and/or department issued cell phone on their person when in the field. 7. report all denials of service to the CAIP Manager. c. Mental Health Incidents i. CSLs can be primary responders on mental health incidents only if Street Outreach is unavailable. ii. If a CSL is dispatched to a mental health incident, the CSL shall: 1. view the Valcour dashboard to check if there is a more appropriate resource available. 2. follow steps 1-3 under section ‘Calls from Dispatch’. 3. Only view incident details of other mental health call types within the last 30 days for the purpose of coordinating response and potential referral to outside agency. 4. update the Street Outreach Team when there is an ongoing history of response from their team. 5. update First Call if the person threatens harm to themselves or others due to the significance of their mental health issue. 6. check in with the Officer in Charge if there is any element of safety concern for the person or the community. d. Welfare Check Incidents i. Welfare check incidents are defined as incidents where the caller is expressing concern for an individual’s welfare and is requesting someone to be checked on, either in the field or at their home. ii. A CSL can be assigned as the primary responder for welfare checks. iii. When responding to a welfare check, a CSL or team supervisor shall: 1. speak with the caller for additional information as needed, as well as follow up with the caller to report the outcome of their efforts if permitted by the person of interest (POI). This should not extend beyond an update of “contact was made” if the POI does not give express permission for the sharing of information. 2. look at the person’s history to see if there has been any recent activity. Page 11 of 46 DD45 Page 7 of 21 Crisis, Advocacy, Intervention Programs (Month Date, Year) 3. look at the dispatch narratives of any recent contact within the last 30 days. Incident details can only be viewed if the originating agency is Burlington and the information is necessary to determine the next steps. 4. contact the hospital or other agencies the individual is known to interact with to see if there was admittance or recent contact, prior to dispatching to any location. 5. upon arriving on scene of a dwelling, attempt to make contact by knocking loudly on the door. If possible, they can check in with neighbors to inquire about activity at the dwelling. 6. while on scene, assess their surroundings for evidence that 7. may require additional follow-up (e.g. buildup of mail at the home, car in the driveway, but no response at the door, windows, or door ajar with the appearance of an empty dwelling, a strong odor). 8. report all outcomes (e.g. contact made, contact not made, or concern) back to the Officer in Charge prior to the end of their shift. 9. complete an incident narrative by the end of shift. e. Overdose Incidents i. A CSL can be the first responder on an overdose incident reported directly to the police department or fire department dispatch. ii. A CSL can respond independently or co-respond with a police officer. iii. If a CSL is co-responding with a police officer, the police officer will be considered the primary responder. A CSL can become primary if the officer deems there is no need for them to be on scene. iv. When deployed to an overdose incident, a CSL shall: 1. follow steps i & vi under section a: Calls from Dispatch. 2. have ready access to Naloxone (i.e. in CSL vehicle or on person). 3. check in with scene commander upon arrival. f. Public Assist and Threats/Harassment Incidents i. Public assist incidents are defined as incidents where there is a request for assistance with no elements of a crime being reported, but the person is still in need of support. ii. Threats/Harassment incidents are defined as incidents where an individual reports having been threatened verbally, but the information provided does not meet the statute of criminal threatening (i.e., 13 VSA § 1702). iii. A CSL can be the primary responder for a public assist or threats/harassment. iv. If a CSL is assigned to a public assist, they shall: 1. follow steps i through vi under section a: Calls from Dispatch. 2. report any change of circumstance that has the potential to impact law enforcement or warrants Officer follow up to the OIC and CAIP manager. Page 12 of 46 DD45 Page 8 of 21 Crisis, Advocacy, Intervention Programs (Month Date, Year) v. If a CSL is assigned to a threats/harassment incident: 1. follow steps i through vi under section a: Calls from Dispatch. 2. offer assistance with completing court paperwork and explain court processes related to no stalking or relief of abuse orders if applicable. 3. immediately confer with OIC if additional details provided appear to be criminal in nature. g. Calls from the Community i. The CSL Team, CAIP Manager, Victim Service Specialist (VSS), and Domestic Violence Victim Advocate (DVVA) positions all have publicized phone numbers that allow for direct calls that come from outside the dispatch system. The guidance below is specific to the CSL and CAIP manager. ii. The CSL and CAIP manager shall: 1. gather as much pertinent information as possible, to include Personally Identifiable Information (PII) and details around the request(s) being made. 2. create an incident that is reflective of one of the following call types: public assist, service coordination, community outreach, or encampment outreach. 3. refer the call back to dispatch if the information provided does not fit the above call types. iii. Community members will contact the CAIP staff with questions around information specific to an incident. The CSL and CAIP manager shall: 1. assist the individual in making a records request online, if the caller is interested. 2. not provide additional information to the caller that the caller does not already know. 3. provide the name of the primary officer if there are questions related to a specific Burlington Police Department case. The team member can offer to email the officer to let them know about the interaction. 4. not share any information related to pending investigations. Pending investigations are considered any incident that is showing as ‘pending’ or ‘ready for approval’ in the system. Non-pending incidents will show as ‘approved’. The team member may offer to transfer the call to the OIC. 5. provide the necessary information that is required by state title 13 VSA 5314 to a caller who identifies as a victim of an incident in Valcour. The team member is expected to verify that there is a record of an incident by searching the caller’s name and date of birth. If the incident is pending in the system, the team member is not permitted to speak with the victim about the details of the investigation. Any specific questions around the investigation shall be directed back to the Page 13 of 46 DD45 Page 9 of 21 Crisis, Advocacy, Intervention Programs (Month Date, Year) investigating officer. The team member shall speak with or email the investigating officer to update them on the interaction. 6. not share any information related to incidents involving a juvenile. h. Intersections with the Criminal and Civil Justice Systems i. As professional staffof the City of Burlington and the Burlington Police Department, the employee shall be aware of situations that can result in court involvement. ii. Professional staff may be involved in the court system when they are subpoenaed to be a witness. The employee is obligated to appear in court if a subpoena is issued. Additional information for AFSCME union positions related to this topic can be found in the AFSCME contract. iii. Some civilian positions, including the CSL, receive department emails specifically from officers requesting assistance in identifying an individual. It is at the discretion of the employee to answer those officer requests. Identifying an individual is part of the investigative process and will be added to the record, which will be a part of the court process should the investigation result in criminal charges. iv. Members of CAIP shall report witnessed crimes of physical violence resulting in injury, property crimes (e.g. stolen bike or cars), or incidents related to mandatory reporting. v. If a CSL believes a petition to the civil court is needed for a public guardian, they may: 1. ensure that all providers associated with the person have been a part of the discussion and consensus have been reached. vi. If a CSL or CAIP manager receives a call from a community member seeking assistance, and they ask if the staff can find out if they have an active warrant, the team member shall: 1. confirm the warrant status through dispatch. 2. inform the individual only if it is a cite and release. Transportation can be provided to an individual directly to the court for a cite and release warrant. 3. not inform someone of any other type of warrant. The CSL can tell the individual that they are unable to confirm or deny their warrant status. vii. If a CSL encounters a person in the field, and they know the person has an active warrant, they may: 1. notify dispatch of who the person is, their current location, and description of clothing. i. Court Participation i. The CSL team receives requests to participate in court processes. In consultation with the Chief of Police and the City Attorney’s Office, CSL staff are advised to do the following: Page 14 of 46 DD45 Page 10 of 21 Crisis, Advocacy, Intervention Programs (Month Date, Year) 1. If a request is made of the CSL, and a subpoena has not been provided, the CSL will request that one be sent to them by the requesting party. 2. The CSL will notify their supervisor of the request to provide testimony. The CSL and CAIP manager will discuss what, if any, information can be shared with the client involved in the court case. 3. The CSL will participate upon receipt of the subpoena. 4. The CSL will be honest with the court. 5. The CSL will not disclose information that is covered under HIPAA. 6. If the CSL is asked to disclose HIPAA while in the middle of providing testimony, the CSL will state they cannot disclose HIPAA-related information unless the judge compels them to do so. If the judge instructs the CSL to disclose, the CSL will comply. j. High Risk/High Intensity Incidents i. On occasion, a CSL or CAIP manager will be asked to be present during or shortly after a large-scale police operation (e.g. investigation involving a search warrant). ii. If possible, coordination prior to the use of CAIP services in high-risk events shall include the CAIP manager. iii. The CSL shall: 1. only be on scene if requested by the scene commander or if assigned by the CAIP manager prior to the day of the event. 2. check to ensure they are aware of who the scene commander is prior to deploying. The CSL is expected to check in with the scene commander upon arrival. 3. follow all directions given while on scene. 4. update the CAIP manager if there are any questions or concerns. k. Calls from Burlington Fire Department i. Members of the Burlington Fire Department (BFD) may seek assistance, either on scene or by referral, from a CSL. ii. If a CSL or team supervisor is dispatched to a BFD scene, they shall: 1. check in with the scene commander upon arrival. 2. ask the scene commander to advise what demographic information can be relayed back to dispatch. 3. relay necessary information back to dispatch. 4. deny transportation or engagement if there is a safety concern, and relay the rationale back to the scene commander and the CAIP manager. l. Transportation i. Transportation is a service that a CSL or CAIP manager can provide. It is the expectation that staff follow the guidance below every time they are requested or offer to provide transportation. Page 15 of 46 DD45 Page 11 of 21 Crisis, Advocacy, Intervention Programs (Month Date, Year) ii. All transportation activities will be done in a city-issued vehicle. Transportation of a community member in a personal vehicle is not permitted. iii. Regardless of history or OIC approval, a CSL may decline providing transportation if uncomfortable. All denials of transportation will be discussed with the CAIP manager. 1. Use of City-Issued Vehicles a. City-issued vehicles will be prioritized for responding to real-time calls for service and transportation of a member of the community. Personal vehicles can only be utilized to attend meetings in the community if no other city-issued vehicle is available. b. If a CSL needs to use their personal vehicle to attend a meeting in the community, they can submit mileage reimbursement to the city. See page 77 of the Comprehensive City Personnel Policy Manual for additional details. c. All electric vehicles will be parked in the designated spots and connected to charging ports after use. Cleaning the interiors of each vehicle, including the CAIP van, is expected from both teams. A schedule rotating the cleaning responsibilities will be issued. d. If the two city-issued vehicles are not available at the time of need, the CAIP van or an available CSO vehicle can be considered as an alternative to using a personal vehicle. e. The CSL must check in with the CAIP manager prior to utilizing a CSO vehicle. The supervisor will determine whether the number of CSO vehicles available exceeds the number of CSOs on shift. This understanding was developed in partnership with the Community Service Manager. f. If approved by a CAIP manager, the CSL will follow the sign-out procedures for each vehicle, each time of use. g. The CAIP van shall be prioritized for proactive outreach. The van can be used to attend meetings, encampment outreach, etc. in the community. h. The CAIP van is expected to have a half tank of gas at all times. It is the responsibility of each team member to ensure this is the standard. 2. Transportation Requests from the Public Page 16 of 46 DD45 Page 12 of 21 Crisis, Advocacy, Intervention Programs (Month Date, Year) a. Whenever a request for transportation comes in from a local provider or a community member, and the person is not a service coordination client, a CSL shall: i. gather all relevant details from the caller of the current event leading to the transport request, to include the name of the individual. ii. inquire around the current disposition of the individual (e.g. how are they currently presenting emotionally and/or physically? Are they under the influence or have an obvious altered status?). iii. look at the person’s history in Valcour to assess recent system engagement. The CSL shall look for alerts, recent incidents of violence, or concerning call types (e.g., lewd and lascivious, kidnapping, larceny from a person) where the person seeking transport is listed as a person of interest, suspect, or offender. The team members should be able to ascertain the necessary information without needing to review a specific incident details. iv. if concerning information is found, not provide transportation, and when possible, encouraged to work with the individual to find an alternative form of transportation. v. provide transportation if no concerning information is found, only if a second team member is present for the duration of the entire ride. If two team members are not available at the time of the request, the initial team member will need to wait until another member of the team is available. vi. ensure a second employee will sit behind the driver. The community member will sit in the rear passenger seat. 3. Transportation for Service Coordination Clients a. Transportation for service coordination clients is permitted only in city vehicles. b. All other means of transportation should be explored prior to the CSL offering and providing transportation. c. Transportation should also be limited to essential activities that are directly tied to the overall well-being of the client. d. Transportation will not take place outside of the greater Burlington area without approval from the CAIP manager. The CAIP manager will update the OIC the Page 17 of 46 DD45 Page 13 of 21 Crisis, Advocacy, Intervention Programs (Month Date, Year) approved transportation outside of the greater Burlington area. The greater Burlington area is defined as South Burlington, Winooski, Colchester, Essex, Shelburne, and Williston. e. Whenever transportation is provided to a service coordination client, a CSL shall: i. show themselves as “active” in a service coordination incident in Valcour ii. enter their destination in the “secondary location” section. iii. have a radio and credentials on their person. iv. document the activities that correlate with the need for transportation in Casebook. 4. Requests for Transportation from BPD Personnel a. When the request for transportation comes from department personnel, either dispatch or an officer, a CSL shall: i. follow steps i-v as noted above if the department personnel does not provide the information. ii. provide transportation independently if the community member is known to the team and has been provided transportation historically without issue if steps i-v are followed and there is no point of concern. If the person is unknown to the CSL, and has no transportation history, the CSL is permitted to provide transportation only if a second team member is present for the duration of the entire ride. If two team members are not available at the time of the request, the initial team member will need to wait until another member of the team is available. iii. The second employee will sit behind the driver, and the community member will sit in the rear passenger seat. 5. Emergency Event While in Transport a. In the event of any emergency while in transport, a CSL shall: i. pull over when safe to do so. ii. radio or call dispatch (or 911) to request assistance. iii. follow any direction given from dispatch or 911. iv. wait safely outside of the vehicle until additional resources arrive. 6. Denial of Transportation a. The CAIP manager shall maintain a list of individuals where transportation has been deemed unsafe. This list Page 18 of 46 DD45 Page 14 of 21 Crisis, Advocacy, Intervention Programs (Month Date, Year) does not prevent any individual from receiving other services from any personnel who are a part of CAIP. b. Denials of transportation will be deemed appropriate when a CSL has been made to feel unsafe while providing transportation. c. Removals from this list are at the discretion of the CAIP manager in conference with department administration, with the caveat that the Deputy Chief or Chief of Police can require that any person be added or remain on the ‘do not transport’ list. m. Proactive Work i. All proactive work is documented in Valcour under three separate call types: community outreach, encampment outreach, and service coordination. ii. A CSL shall: a. look at the dispatch narratives of stacked and unassigned incidents that are related to the call types they would typically be assigned - typically non- criminal incidents that are related to behavioral health or social service needs. iii. Service Coordination a. Service coordination is defined as an activity that CSLs engage with clients directly in an ongoing basis. b. A service coordination client is an individual who has had more than two independent interactions where work related to care coordination is performed. c. Service coordination is not a time-limited activity and is at the discretion of the CSL and the client. d. Service coordination is intended to fill a case management gap either during the waiting period of another resource, or because there is no resource to meet the identified need. This activity helps to reduce interactions with first responders by helping to address root causes that lead to community members seeking assistance for basic unmet needs through the emergency services system. e. Work related to service coordination will be tracked in both Valcour and clinical systems. iv. Service Coordination Incidents in Valcour a. Service coordination needs to be tracked in Valcour for the purpose of safety and data collection. b. When a CSL is engaging in service coordination, the team member shall: i. create a service coordination incident in Valcour and add to the incident details “ongoing support provided as needed”. Page 19 of 46 DD45 Page 15 of 21 Crisis, Advocacy, Intervention Programs (Month Date, Year) ii. only create one service coordination incident per person to avoid increasing a person’s public record. iii. add to a team member’s service coordination incident in the event a service coordination client reaches out to the team while their primary contact is not available. iv. ask dispatch or CAIP manager about the warrant status of a person receiving service coordination, if the individual receiving the service requests. If the person is found to have an active warrant, the CSL can meet them at the courthouse to support them. v. Casebook Clinical System a. The human services software, referred to as Casebook, is the system utilized by the CSLs to document work that is considered HIPAA-protected. b. The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that sets national standards for protecting sensitive patient or client health information from being disclosed without the client's knowledge or consent. Specifically, HIPAA protects identifiable information related to diagnoses, treatment plans, progress and case notes, medications, screenings and assessments, tests, and referrals. 42 CFR Part 2 adds stricter privacy protection for records on substance use treatment. c. Majority of the activities related to service coordination are considered HIPAA-protected, thus should be documented only in the Casebook system. HIPAA- protected information is not to be entered in the Valcour system. d. Service coordination is a permitted activity within HIPAA that allows for minimal disclosure as long as it is relevant and necessary for the coordination with other providers. Per Vermont state law, disclosure of information without consent can only take place when there is a concern of child abuse, if the person is a danger to themselves or others, or ordered by the court. e. When engaging in activities related to service coordination, the CSL shall: i. begin documenting in Casebook upon engaging with an individual two or more times, with the agreed-upon intent of ongoing support. ii. ensure data integrity by keeping records up-to- date and accurate. Page 20 of 46 DD45 Page 16 of 21 Crisis, Advocacy, Intervention Programs (Month Date, Year) iii. request the individual to sign a CAIP release of information and upload the document into the clinical system. iv. review Addendum #1 provided by the State of Vermont Agency of Human Services additional clarity around information sharing specific to HIPAA and care coordination. vi. Encampment Outreach & Encampment Policy a. Encampment outreach is defined as a proactive activity where a CSL goes out to locations where someone has been reported to be living in a city park or other city- owned land. b. Encampment policy is the City of Burlington’s Sheltering on Public Lands policy, which describes how City staff respond when an encampment is found or reported to be on city-owned land. c. When engaging in encampment outreach, the CSL shall: i. create an incident in the system utilizing the encampment outreach call type. ii. document that outreach was completed in the Valcour system. Any service specific information should be entered into the clinical system. d. When engaging in encampment outreach specific to the encampment policy, the CSL shall: i. create an encampment outreach incident and link the incident to the encampment policy incident with the same location. ii. provide support on site on the day of removal. iii. not act as enforcement related to the policy. It is not the responsibility of the CSL to instruct anyone to relocate. However, the team member can inform the community member of the city’s intent to provide notice to move and offer assistance in accessing available resources. III. DOMESTIC VIOLENCE VICTIM ADVOCATE (DVVA) POSITION This position is responsible for identifying, liaising with, guiding, and assisting people in need of services and support associated with being victims of domestic or intimate partner violence (DV and IPV, respectively). Page 21 of 46 DD45 Page 17 of 21 Crisis, Advocacy, Intervention Programs (Month Date, Year) A. DVVA Follow up. The DVVA will follow up with victims during or after a police response to offer assistance with protection orders and other DV resources. B. DVVA Liaise. This position will also liaise with Chittenden County Family and Civil Court regarding the tracking and service of protection orders. C. CAIP Involvement. This position actively collaborates with CAIP, community-based domestic violence programs, Department of Children and Families, Department of Corrections, and the State Attorney’s Office. D. Use of Valcour. The DVVA position actively tracks all work related to this position in Valcour. The work may involve assisting other police agencies with serving paperwork, victims from neighboring communities, and referrals from the Chittenden County Civil Court. E. Community Involvement. The DVVA, in conjunction with the CAIP manager and Domestic Violence Officer (when assigned), manage a monthly meeting (Kid Stat) that brings together community providers to triage and support households where domestic violence has been reported. This group is empaneled under state statute title 33 VSA § 4979-19. F. The DVVA shall: 1. Ensure victims of domestic violence are connected with and offered support as close to the incident as possible. They will work with CSLs or the CAIP manager to provide this support if the DVVA is unavailable. 2. Access Valcour information specific to domestic violence call types, to include dispatch and incident details. 3. Access attachments only if necessary to complete court paperwork. 4. Access information from outside law enforcement agencies when referrals are made by said agency. G. Vacancy. In the event that the DVAA position is out for an extended period or vacant, the CAIP manager will temporarily provide some gap coverage for the DVAA position. The CAIP manager will assist with communication to the Uniformed Services Bureau around the need for service of newly granted court orders, connect victims to appropriate services, and facilitate the Kid Stat meeting (if applicable). The CAIP manager will update the DVAA upon return. This will assist in reducing any delay in service connection. IV. VICTIM SERVICES SPECIALIST The Victim Services Specialist is an employee of the Community Justice Center (CJC), and the Community Economic Development Office (CEDO), a position which is embedded at the Burlington Police Department. The purpose of this position is to provide direct service, resource Page 22 of 46 DD45 Page 18 of 21 Crisis, Advocacy, Intervention Programs (Month Date, Year) coordination, referral and advocacy services for victims of crime and/or harm, separate from and in support of other programs. The VSS position will receive a weekly report with direct referrals of victims of crime, in addition to direct referrals. This allows for a more consistent, streamlined referral process. V. UTILIZATION OF ABANDONED PROPERTY The ID/property department discards or donates items that have been stored by the department for 30 days and have not been reclaimed. CAIP routinely encounters individuals who could benefit from some of the items that are often unclaimed. The CAIP manager shall coordinate with the ID/property department staff regarding property that has reached the 30-day limit. If deemed useful, the CAIP manager will take possession of the items and store it in the CAIP office for distribution to community members later. A. Donations. The use of these items is strictly for donation to members of the community who are in need. The items are used to build rapport with individuals who are disconnected from the assistance they need. Law enforcement officers and community service officers will have access to these items should they encounter someone in need. B. Example Items. Examples of such items are: clothes, toiletries, backpacks, shoes, etc. These examples are not limited to what items can be reclaimed. C. Exclusions. Cell phones, laptops, or tablets will be excluded as reclaimable property. D. Disposal. Please see Addendum #1 for details around the process of disposal and transfer of custody. VI. ADDENDUM #1 Memo 2023-03 | Utilization of Abandoned Property set for Disposal CHAIN OF CUSTODY It is important that the chain of custody lines are entered into Valcour under the following order, as applicable for each item. See the example below: • If the entire item/all parts of the item are destroyed: “Disposed,” “Destroyed.” o If 960 and 967 were doing the destruction, 960 would be in Valcour so it would automatically save her badge number. A note in the remarks section needs to be made "with 967, (NAME ITEM) for destruction" o No additional lines are needed after this • If part of the item is destroyed: “Disposed,” “Destroyed” with a brief description of what has been destroyed in the remarks box • Items suitable for donation: “Disposed,” “Donation Box” with a brief description of the items in the remarks box Page 23 of 46 DD45 Page 19 of 21 Crisis, Advocacy, Intervention Programs (Month Date, Year) o Tag remains with the item – THIS MAY MEAN REPACKAGING THE ITEM(S) • Items needing ID Tech attention: “Temporary”, “Locker Drop Box” with a brief description of the items in the remarks box o Case number and tag number clearly written on the packaging – THIS MAY MEAN REPACKAGING THE ITEM(S) • EXAMPLE: Location Sub Remarks Location 1st Line Disposed Destroyed folder with papers, dirty boots, hairbrush 2 Line Disposed nd Mailbox headlamp, 5 white t-shirts, socks, sleeping bag 3rd Line Temporary Locker Drop 5 suboxone strips Evidence Box 4 Line Temporary th Locker Drop $20 cash (2x $10 bills) Evidence Box DONATION MAILBOX The Mailbox in the Temp Evidence room will be relocated to the new temporary property room off of the sally port. Items determined to be suitable for donations could include clean clothing, coats, boots, unopened toiletries, backpacks and camping gear. The property tag must remain with the item when placed in the donation box. If the item will not fit in the box, please contact the ID Unit. It is important to note that the Valcour remarks section should not specify “Resource” or “CAIP” as the ID Techs will determine the disposition of the donation box items. No money, weapons, knifes or miscellaneous items of value over $100 will be placed in the donation box. If CSOs are not sure if an item is suitable for donation, the items can be put in the donation box and the ID Unit will make the determination after consulting with the DSB Lieutenant. If the disposition of an item is unclear, the final determination will be made by the DSB Lieutenant, a Deputy Chief or the Chief of Police. Cell phones and electronics can be placed in the Mailbox for the sole purpose of being disposed of at ReSOURCE. ABANDONED PROPERTY DONATION PROCESS Items determined to be eligible for donation will be provided to the CAIP Supervisor by the ID Unit and documented in Valcour as “Converted to CAIP use”. These items will also be documented by the ID Unit on the attached inventory log form. Once the donated items are with the CAIP, the disposition of the donated item will be documented on the provided copy of the inventory log form. The ID Unit will maintain a copy of the original inventory log which will serve as the “Master copy”. A copy of the inventory log and the property will be maintained by the CAIP supervisor in the CAIP office. When donating an item to a member of the community, employees must complete applicable sections of the inventory log on the applicable property line. Employees must log the applicable case number associated with the individual if an incident has already been created. If not, a new applicable incident must be generated, and the donation must be documented accordingly. Page 24 of 46 DD45 Page 20 of 21 Crisis, Advocacy, Intervention Programs (Month Date, Year) Once an inventory log form is completed (full), a copy of the log must be provided to the ID Unit by the CAIP supervisor to save with the “Master copy” inventory logs. The inventory logs will be scanned and stored electronically upon their completion. It should be noted that this program is intended primarily for CAIP usage. However, in the case of an after-hours emergency, the Officer in Charge can approve Officers or CSO usage. Officers and CSOs will follow the above documentation process. #2 .Data sharing checklist- State of Vermont Agency of Human Services Jan 31, 2025 What rules are you subject to? Do you work for a healthcare provider, a health plan, or the Agency of Human Services? - If yes, you are subject to HIPAA - If no, you are not subject to HIPAA but may be subject to other privacy rules If you are subject to HIPAA, when can you share information without the client’s permission (or written consent)? o Payment o Treatment – including care coordination and consulting with other providers o Operations – including case management by health plan and quality improvement Do you work for a program that is known to provide SUD services? - If yes, you are subject to Part 2 o If you are a Part 2 provider, you must have written consent to share treatment records - If no, you are not subject to Part 2 Levels of authority Generally, the higher you are on the pyramid, the more you can share health information with others. Can share any information covered Signed by the ROI with anyone named on release of the ROI Can share information with family, Verbal consent in emergency situations, and when authorized under HIPAA No consent Can share information with others or written for payment, treatment, and operations. This includes care coordination Page 25 of 46 DD45 Page 21 of 21 Crisis, Advocacy, Intervention Programs (Month Date, Year) Reviewed and adopted by the Burlington Police Commission on Month Date, Year. __________________________________ _Month Date, Year_ Shawn Burke, Interim Chief of Police Effective Date ### Page 26 of 46 City of Burlington, Vermont Board of Police Commissioners Bylaws Preamble and Authority 1. Establishment and Legal Authority The Burlington Board of Police Commissioners (“Commission” or “BPC”) is established pursuant to 24 App. V.S.A. ch. 3, §§ 120, 126, 183, and 184 of the Burlington City Charter, and operates under authority expressly granted by the City Council through Charter provisions, ordinances, resolutions, collective bargaining agreements, and Departmental Directives. These bylaws govern the internal procedures of the Commission and are intended to ensure that Commission actions remain within the scope of authority delegated by law. 2. Guiding Principles In carrying out its duties, Commissioners shall: 2.1 Act in a spirit of cooperation and mutual respect toward fellow Commissioners, City staff, Department personnel, and members of the public; 2.2 Come to meetings prepared for open and engaged discussion, having reviewed material available in advance, being mindful of their time speaking and always assuming the best in one another; 2.3 Follow Vermont’s Open Meeting Law (1 V.S.A. §§ 310–314) and the Vermont Public Records Act (1 V.S.A. §§ 315–320); 2.4 Conduct themselves in a fair, impartial, and unbiased manner, particularly when deciding appeals and complaints; and 2.5 Consider fairly the interests of individuals and organizations affected by Commission actions, consistent with the Commission’s limited and delegated role. 2.6 Give fair consideration to the interests of all people and groups affected by Commission decisions. 1 Page 27 of 46 Purpose and Goals 3. Commission Purpose The purpose of the Commission is to exercise those responsibilities related to police oversight, policy review, disciplinary appeals, and community accountability that are delegated by the City Council or conferred by law, while preserving the operational authority of the Chief of Police except where otherwise provided. 4. Commission Goals The goals of the Commission are to: 4.1 Promote fairness and impartiality, equal treatment in public safety; 4.2 Support and contribute to transparency and accountability in policing; and 4.3 Provide structured community feedback and oversight to improve public safety and build trust between the Burlington Police Department (“BPD”) and the community. Powers and Responsibilities of the Commission 5. Powers and Responsibilities The Burlington City Charter and City Council policy, gives the Commission the following duties and responsibilities: 5.1 Provide civilian oversight and assist in management of the Burlington Police Department as directed by statute, ordinance, and the Burlington City Council; 5.2 Conduct audits, reviews, and evaluations of policies, directives, or data regarding discipline, racial disparities, or other Commission priorities; 5.3 Hear any appeal of a decision by the police chief to dismiss, suspend, or demote an officer. The board of police commissioners shall hear any appeal filed 2 Page 28 of 46  in a timely manner with respect to such actions of the chief and may affirm, modify, or vacate the decision; 5.4 To approve the chief’s appointment of limited and special police officers for a period not to exceed one year; 5.5 Oversee animal control policy; 5.6 Review citizen complaints against BPD and review chief’s response to citizen; and complaints. Officers of the Commission 6. Co-chairs and Chair and Vice-Chair {ADOPTED} 6.1 At the July organizational meeting each year, the Commission shall choose its leadership structure by majority vote and elect officers. The Commission may choose either: (a) two Co-Chairs, who will share the duties of the presiding officer by mutual agreement; or (b) a Chair and a Vice-Chair. The choice of structure and the election of officers happen at the same time and apply for that year. 6.2 Any Commissioner may nominate someone, including themselves. 6.3 Officers serve for one year, or until new officers are elected. 6.4 If one Co-Chair steps down, the remaining Co-Chair takes on all duties until the Commission elects a replacement. If both Co-Chairs (or the Chair) step down or are unavailable, the longest-serving Commissioner present takes over as acting chair until the Commission elects someone new. 7. Duties of the Chair (or Co-chairs) The Chair, or Co-chairs) shall divide responsibilities in a mutually agreeable manner: 7.1 Preside over all meetings of the Commission and rule on questions of order and procedure; 7.2 Shall conduct the meetings with efficiency, respect for all Commissioners, mindful of time management, allowing all Commissioners to be heard and doing their best to see that all Commissioners’ perspectives are respected; 7.3 Together with all Commissioners and allowing time for input with agenda items being welcomed and encouraged, set and publish meeting agendas, including required recurring items such as the Chief of Police report, policy matters, use-of- force reports, and commendations, as applicable; 3 Page 29 of 46  7.4 Make sure that meetings are properly noticed and conducted in compliance with Vermont’s Open Meeting Law; 7.5 May speak on behalf of the Commission with the express understanding they clearly acknowledge other points-of-view that have been publicly expressed and allowing other Commissioners notice when speaking about actions, policy recommendations and matters of public interest as well as acknowledging any personal views, 7.6 Write the Commission’s Annual Report and distribute a draft to the full Commission allowing ample time for review and input as well as securing each Commissioner’s signature on said report which is required by the City Council; 7.7 Oversee the accurate preparation and public posting of meeting minutes; 7.8 Ensure that executive sessions are convened and conducted strictly in accordance with 1 V.S.A. § 313, and that no matters beyond those noticed are discussed; and 7.9 Ensure that no major policy recommendation, complaint determination, or communication to the Mayor or City Council is issued without approval of the Commission as a whole. 8. Duties of the Vice-Chair The Vice-Chair shall: 8.1 Perform the duties of the Chair in the Chair’s absence, recusal, or incapacity; 8.2 Assist the Chair in carrying out administrative and procedural responsibilities as requested; and 8.3 Assume the duties of Chair on an interim basis if the Chair resigns, until a new Chair is elected by the Commission. Meetings 9. Regular and Special Meetings 9.1 Regular meetings shall be held at a publicly accessible location and noticed in accordance with the Vermont Open Meeting Law. 9.2. After making every effort to consult with the entire Commission, the Chair may cancel a regular meeting when necessary, provided public notice is given through the City and Commission website. 4 Page 30 of 46  9.3 The Chair may call special meetings of the Commission, provided at least 24 hours’ notice is given to each Commissioner and the public, and provided that a quorum of Commissioners is able to attend. 10. Agenda and Meeting Conduct 10.1 Commissioners are encouraged to submit proposed agenda items to the Chair at least five calendar days before a scheduled meeting with reasonable and pertinent requests honored. 10.2 Once an agenda is posted, amendments may be made only by a two-thirds vote of Commissioners present. 10.3 Supporting documents shall be distributed to Commissioners and the Chief of Police or designee not less than two calendar days before the meeting, when practicable. 10.4 Meetings shall generally be conducted in accordance with Robert’s Rules of Order, unless otherwise determined by the Chair. 11. Public Participation 11.1 Members of the public are encouraged to attend all public meetings. 11.2 {ADOPTED} During public comment, each person may speak for up to four minutes. The presiding officer may extend this time at their discretion based on the nature or complexity of the comments. Time limits may not be applied based on what someone is saying or their point of view. The presiding officer may only stop a comment that is patently offensive. If there are many speakers, the Commission may shorten individual speaking times by majority vote. 11.3 Dialogue, back and forth discussion, with the public shall occur only when authorized by the Chair or by majority vote of the Commission. 12. Attendance In-person attendance is strongly encouraged. When it is necessary for Commissioners to participate in meetings via zoom, Commissioners will make every attempt to do so with their cameras on. More than six absences – whether in person on online – in a fiscal year may result in a recommendation by the Chair, after discussion with the Commissioner to the City Council for removal. Committees 5 Page 31 of 46 13. Standing and Ad Hoc Committees 13.1 Committee work shall be distributed among Commissioners when practicable. 13.2 The Commission as a whole will discuss the appointment of members to standing and ad hoc committees and as a general rule, appointments will be done on a volunteer basis. The Chair will do their best to elicit members to serve including serving on such committees themselves. 14. Citizen Complaints Subcommittee 14.1 The Chair shall appoint at least two Commissioners to the Citizen Complaints Subcommittee; the Chair or Vice-Chair may serve as a member. 14.2 The Subcommittee shall draft recommendations when directed by the Commission, which shall be subject to full Commission discussion and vote. 15. Animal Control Committee Commissioners shall serve on the Animal Control Committee as required by ordinance and assignment. Conflicts of Interest 16. Recusal and Disclosure In accordance with City Charter § 133, a Commissioner shall disclose actual or perceived conflicts of interest and shall recuse themselves from participation when required. Any Commissioner is encouraged to confidentially consult with the City Attorney should they require advice on this matter. Amendment of Bylaws 17. Amendment These bylaws may be amended by majority vote at a duly warned meeting, consistent with Vermont’s Open Meeting Law. 6 Page 32 of 46  City of Burlington, Vermont Board of Police Commissioners Bylaws Preamble and Authority 1. Who We Are and Where Our Authority Comes From The Burlington Board of Police Commissioners (the “Commission” or “BPC”) was created by the Burlington City Charter (24 App. V.S.A. ch. 3, §§ 120, 126, 183, and 184). The Commission also operates under authority given by the City Council through city ordinances, resolutions, union contracts, and police department rules. These bylaws set out how the Commission runs its internal business. All Commission actions must stay within the authority that the law and the City Council have given us. 2. Guiding Principles In carrying out their duties, Commissioners shall: 2.1 Treat fellow Commissioners, city staff, police department staff, and members of the public with respect and good faith; 2.2 Come to meetings prepared, having reviewed materials ahead of time, and be mindful of time and consideration for others; 2.3 Follow Vermont’s Open Meeting Law (1 V.S.A. §§ 310–314) and Public Records Act (1 V.S.A. §§ 315–320); 2.4 Act fairly and without bias, especially when deciding appeals or complaints; 2.5 When speaking publicly, clearly distinguish between a personal opinion and the official position of the Commission; and 2.6 Give fair consideration to the interests of all people and groups affected by Commission decisions. Purpose and Goals 3. What the Commission Does The Commission’s job is to carry out the police oversight, policy review, disciplinary appeals, and community accountability responsibilities that the City Council and the law have given it. 4. Commission Goals Page 33 of 46 The Commission’s goals are to: 4.1 Promote fairness and equal treatment in public safety; 4.2 Support transparency and accountability in policing; and 4.3 Give the community a structured way to provide feedback and oversight, and to help build trust between the Burlington Police Department (“BPD”) and the public. Powers and Responsibilities 5. What the Commission Is Authorized to Do Under the Burlington City Charter and City Council policy, the Commission has the following duties and powers: 5.1 Provide civilian oversight and help manage the Burlington Police Department as directed by state law, city ordinances, and the City Council; 5.2 Conduct audits, reviews, and evaluations of police department policies, directives, or data on discipline, racial disparities, or other Commission priorities; 5.3 Review complaints from the public against BPD employees and review how the Police Chief responds to those complaints; Hear any appeal of a decision by the police chief to dismiss, suspend, or demote an officer. The board of police commissioners shall hear any appeal filed in a timely manner with respect to such actions of the chief and may affirm, modify, or vacate the decision; 5.4 Hear appeals from police officers or employees who believe the Police Chief unfairly fired, suspended, or demoted them. The Commission may uphold, change, or reverse the Chief’s decision; 5.5 Approve the Chief’s appointment of temporary or special police officers for up to one year; and 5.6 Oversee animal control policy as required by city ordinance. Officers of the Commission 6. Leadership Structure: Co-Chairs or Chair and Vice-Chair 6.1 At the July organizational meeting each year, the Commission shall choose its leadership structure by majority vote and elect officers. The Commission may choose either: (a) two Co-Chairs, who will share the duties of the presiding officer by mutual agreement; or (b) a Page 34 of 46  Chair and a Vice-Chair. The choice of structure and the election of officers happen at the same time and apply for that year. 6.2 Any Commissioner may nominate someone, including themselves. 6.3 Officers serve for one year, or until new officers are elected. 6.4 If one Co-Chair steps down, the remaining Co-Chair takes on all duties until the Commission elects a replacement. If both Co-Chairs (or the Chair) step down or are unavailable, the longest-serving Commissioner present takes over as acting chair until the Commission elects someone new. 7. Duties of the Chair (or Co-Chairs) The Chair, or Co-Chairs sharing duties by mutual agreement, shall: 7.1 Run all Commission meetings and make rulings on questions of procedure; 7.2 Run meetings efficiently and respectfully, making sure all Commissioners have a chance to be heard; 7.3 Set and publish meeting agendas with input from all Commissioners, including regular items like the Police Chief’s report, policy updates, use-of-force reports, and commendations; 7.4 Make sure meetings are properly announced and run in line with Vermont’s Open Meeting Law; 7.5 Speak on behalf of the Commission on official actions, policy recommendations, and public matters, while clearly noting any personal views and acknowledging different perspectives; 7.6 Write the Commission’s Annual Report, share a draft with all Commissioners for review and input, and get each Commissioner’s signature before submitting it to the City Council; 7.7 Make sure meeting minutes are accurately prepared and posted publicly; 7.8 Make sure closed (executive) sessions are held only for lawful purposes under 1 V.S.A. § 313, and that only properly noticed topics are discussed; and 7.9 Make sure no major policy recommendation, complaint decision, or communication to the Mayor or City Council goes out without approval from the full Commission. 8. Duties of the Vice-Chair The Vice-Chair shall: 8.1 Fill in for the Chair whenever the Chair is absent, has a conflict of interest, or is otherwise unavailable; 8.2 Help the Chair with administrative and procedural tasks as needed; and 8.3 Take over as acting Chair if the Chair steps down, until the Commission elects a new Chair. Meetings Page 35 of 46 9. Regular and Special Meetings 9.1 Regular meetings shall be held in a publicly accessible location with proper public notice under Vermont’s Open Meeting Law. 9.2 The Chair may cancel a regular meeting when necessary, after consulting with the full Commission, and must post public notice on the City and Commission websites. 9.3 The Chair may call special meetings with at least 24 hours’ notice to all Commissioners and the public, as long as enough Commissioners can attend to form a quorum. 10. Agendas and How Meetings Are Run 10.1 Commissioners are encouraged to submit agenda items to the Chair at least five calendar days before a meeting. Reasonable and relevant requests will be honored. 10.2 Once an agenda is posted, it can only be changed by a two-thirds vote of the Commissioners present at the meeting. 10.3 Supporting materials should be sent to Commissioners and the Police Chief (or their representative) at least two calendar days before the meeting, when possible. 10.4 Meetings will generally follow Robert’s Rules of Order, unless the Chair decides otherwise. 11. Public Participation 11.1 Members of the public are encouraged to attend all public meetings. 11.2 During public comment, each person may speak for up to four minutes. The presiding officer may extend this time at their discretion based on the nature or complexity of the comments. Time limits may not be applied based on what someone is saying or their point of view. The presiding officer may only stop a comment that is patently offensive. If there are many speakers, the Commission may shorten individual speaking times by majority vote. 11.3 Back-and-forth discussion with members of the public may happen only when the Chair or a majority of the Commission approves it. 12. Attendance Commissioners are strongly encouraged to attend meetings in person. If attending by video conference, Commissioners should keep their cameras on when possible. Missing more than six meetings in a calendar year — whether in person or online — may result in the Chair recommending to the City Council that the Commissioner be removed, after first discussing the absences with that Commissioner. Committees Page 36 of 46 13. Standing and Ad Hoc Committees 13.1 Committee work should be shared among Commissioners. 13.2 The full Commission will discuss who serves on standing and ad hoc committees. Appointments are made on a volunteer basis. The Chair will encourage members to step up, including serving on committees themselves. 14. Citizen Complaints Subcommittee 14.1 At least two Commissioners shall serve on the Citizen Complaints Subcommittee. The Chair or Vice-Chair may also serve as a member. 14.2 Subcommittee members serve for six-month terms, so that all Commissioners have a chance to serve during their time on the Commission. 14.3 Subcommittee members review all complaints and the Police Chief’s response. If a majority of the Subcommittee disagrees with the Chief’s response, the Subcommittee drafts a recommendation and brings it to the full Commission. The full Commission votes on the recommendation. Commissioners may amend it, vote yes, vote no, or abstain. The final written recommendation — including how each Commissioner voted — is sent to the Mayor’s office. Any Commissioner may write a separate minority recommendation. 15. Animal Control Committee Commissioners serve on the Animal Control Committee as required by city ordinance. Conflicts of Interest 16. Conflicts of Interest Under City Charter § 133, Commissioners must disclose any real or potential conflict of interest and step aside from any matter where they have a conflict. Commissioners are encouraged to contact the City Attorney confidentially if they need guidance on whether a conflict exists. Changing These Bylaws 17. How to Amend These Bylaws These bylaws may be changed by a majority vote at a properly noticed public meeting, consistent with Vermont’s Open Meeting Law. Page 37 of 46  MEMO 2021-16 TO: Sworn Supervisors, Dispatch FROM: Acting Chief of Police Jon Murad DATE: May 27, 2021 RE: Mutual Aid Among BPD, CPD, SBPD, UVMPD, and Winooski PD The five respective chiefs of the Burlington Police Department, the Colchester Police Department, the South Burlington Police Department, the University of Vermont Police Department, and the Winooski Police Department have clarified our mutual aid agreement to include the following:  Only calls for assistance that have a city-of-jurisdiction officer on scene as the primary will receive a response. This means that, in the event all available BPD officers are engaged at a scene or scenes, and a new Priority 1 incident requiring immediate response occurs, the BPD supervisor will have to designate at least one BPD officer to depart the scene at which he or she is located and respond to the new incident, where he or she may be joined by an officer or officers from the agency from which the BPD has requested mutual aid. Similarly, BPD officers will not respond to calls in other, neighboring jurisdictions unless an officer from that jurisdiction is on scene. In cases of extreme exigency, the Officer In Charge may supersede this decision. ### Page 38 of 46  CHITTENDEN COUNTY MUTUAL AID “A.L.E.R.T” GUIDELINE 03/01/2006 MUTUAL AID: The purpose of this mutual aid guideline is to detail the method for responding to or for requesting emergency and non-emergency police mutual aid assistance. Chittenden County Police Agencies will continuously strive to establish and sustain efficient liaisons and clear channels of communication and assistance for each respective agency. Courtesy, tact, and diplomacy will be the established methods of operations and response. SECTION HEADINGS: I. Authority Page 1 II. Prior Agreements Required Page 1 III. Notification and Report Required Page 1 IV. Guidelines for Dispatching Mutual Aid to Other Communities Page 2 V. Emergency Response Page 2 VI. Non-Emergency Response Page 3 VII. Receiving Police Mutual Aid Page 3 VIII. Police Mutual Aid from outside Chittenden County Page 3 IX. Federal Assistance Page 3 Threat Level Matrix – Appendix A Page 4 Jurisdictional Conditions – Appendix B Page 5 I. AUTHORITY The authority to render and receive police mutual aid exists statewide via Title 24, Section 1938. Participation needs to be approved and authorized by each police department’s governmental oversight person or board to take part in the intermunicipal police services noted within this guideline. II. PRIOR AGREEMENT REQUIRED A. Police agencies who are parties to this agreement will render and receive police mutual aid in accordance with a signed agreement made by those communities. B. The same police agencies also agree to avoid changing the benefits normally provided to their employees who render mutual aid assistance. III. NOTIFICATION AND REPORT REQUIRED A. Whenever mutual aid is required by any of the participating communities, an incident will be generated within the requesting agency’s records management system to document such request. Dated 03-01-2006 Page 39 of 46  Page 2 B. Documentation of the officers responding as well as the units and equipment sent will be accomplished by each agency responding. C. When taking law enforcement actions at the emergency site, including use of force, officers shall adhere to their agency policies and procedures. They shall use only those weapons and tactics for which they are qualified and authorized to use by the host agency (see Appendix B). D. Responding officers shall regularly update their communication section concerning the continued status of the emergency, line-of-duty injuries, or need for relief by phone whenever possible. E. Responding officers will document their action(s) in the appropriate police report. F. The Incident Commander will complete a report of the incident that includes detailed accounts of personnel, equipment, use of force, expenses and complete an after action review. IV. GUIDELINES FOR DISPATCHING MUTUAL AID TO OTHER COMMUNITES A. The mutual aid request can be activated whenever a situation or potential situation requires a concentration of personnel or special equipment that exceeds the normal on duty capacity of the requesting police department. B. The supervisor or highest-ranking officer on duty or designee must be the person making the request to activate the mutual aid “A.L.E.R.T.” (Activate Law Enforcement Response Teams). C. The designated dispatching agency will be responsible for communicating the necessary information to the responding agencies in order to safeguard their approach to the scene of the incident. D. The receiving police agency will be responsible for arrests and detentions in their jurisdiction, unless circumstances dictate otherwise. V. EMERGENCY RESPONSE A. An emergency response is authorized whenever a participating agency requires immediate aid for police services as outlined in the alert code system. B. Responding officers will use the applicable emergency equipment necessary, while exercising due care for the general public and themselves. C. Responding officers will notify both their agency and the agency, or designated communication center, that is requesting aid of their arrival to the area dispatched to. Dated 03-01-2006 Page 40 of 46  Page 3 VI. NON-EMERGENCY RESPONSE A. The Chief Executive Officer or designee will determine their agencies response based on the information available at the time of the request on a case-by-case basis. B. A request is authorized in anticipation of a situation that has the potential to develop into an emergency or a hazardous situation. C. Examples of anticipatory “Non-emergency” response may be a police agency having knowledge of a protest with intelligence pointing to violence or disruption or large celebratory event that follows a violent celebratory event or other like situations that have occurred in the past that evolved into an emergency or hazardous situation that would normally require added police presence or resources to maintain public safety. VII. RECEIVING MUTUAL AID A. Emergency Mutual Aid will be rendered immediately when possible and to the degree required to take immediate control of the situation. B. The Chief Executive Officer (CEO) or designee will coordinate non- emergency mutual aid. C. Responding officers will guide themselves under the leadership of the Incident Commander, or designee. VIII. POLICE MUTUAL AID OUTSIDE CHITTENDEN COUNTY A. The Incident Commander, The Chief Executive Officer (CEO) or designee can call upon mutual aid outside Chittenden County whenever county resources are getting exhausted or additional resources or specialty skills are needed. B. An officer from the Inter-agency commanders or designee will be assigned to coordinate the additional help being rendered by officers responding from outside the county. IX. FEDERAL MUTUAL AID A. The Incident Commander, the Chief Executive Officer (CE0) or designee can call upon mutual aid from agencies from the Federal Government like the Office of Homeland Security, FBI, Border Patrol, Custom or Immigration without calling upon the Governor’s Office for assistance. B. If civil unrest or emergency requires National Guard activation, the Incident Commander, The Chief Executive Officer (CE0) or designee can request their help by utilizing the appropriate state and municipal protocol for doing so. Dated 03-01-2006 Page 41 of 46  CHITTENDEN COUNTY POLICE MUTUAL AID “A.L.E.R.T.” (Activate Law Enforcement Response Teams) Contact list 03-01-06 DEPARTMENT LEVEL LEVEL LEVEL Level REQUESTINGONE ALERT TWO ALERT Four ASSISTANCE THREE ALERT ALERT BURLINGTON DMV UVM So. Burl Winooski Colchester Essex Williston VSP Sheriff Shelburne Hinesburg Richmond Milton 658-2700 CHITTENDEN CTY Closest PD Closest PD Closest PD Closest PD Closest PD Closest PD Closest PD Closest PD Closest PD Closest PD Closest PD Closest PD DMV SHERIFF 863-4341 Addison COLCHESTER DMV 388-2981 Winooski Essex Milton Burl PD So. Burl VSP UVM CCSD Williston Shelburne Richmond Hinesburg 655-3054 ESSEX DMV Colchester Williston Winooski VSP So. Burl Burl PD UVM CCSD Richmond Milton Hinesburg Shelburne 878-8331 HINESBURG DMV Franklin Shelburne VSP Williston Richmond Essex So. Burl BPD Colchester UVM Winooski CCSD Milton 482-3397 524-2121 MILTON DMV Colchester Essex PD Winooski VSP Burl PD So. Burl UVM Williston CCSD Richmond Hinesburg Shelburne 893-2424 RICHMOND DMV VSP Williston Hinesburg Essex PD So. Burl Burl PD UVM Winooski Colchester Milton CCSD Shelburne 434-2153 Lamoille 888-3502 SHELBURNE DMV SBPD Hinesburg VSP Burl PD UVM CCSD Williston Winooski Essex Colchester Milton Richmond 985-8051 SOUTH BURL DMV Burl PD UVM Shelburne Williston Essex Colchester CCSD Hinesburg Milton VSP Winooski Richmond 846-4111 Rutland UVM Burl PD So. Burl Winooski Colchester VSP Essex Shelburne Williston Milton CCSD Richmond Hinesburg DMV 775-8002 656-3473 VSP 878-7111 DMV Richmond Williston CCSD Hinesburg Essex PD So. Burl Burl PD UVM Colchester Winooski Shelburne Milton Bolton VSP 878-7111 DMV Washington Shelburne Hinesburg So. Burl Williston Essex PD CCSD Burl PD UVM Richmond Colchester Winooski Milton Charlotte 223-3001 VSP 878-7111 DMV Richmond Essex PD CCSD Williston So. Burl Burl PD UVM Colchester Hinesburg Milton Winooski Shelburne Jericho/Underhill VSP 878-7111 DMV Milton Essex CCSD Williston So. Burl Burl PD UVM Colchester Richmond Hinesburg Winooski Shelburne Westford WILLISTON CCSD VSP DMV Essex So. Burl Richmond Shelburne Hinesburg Colchester Burlington UVM Winooski Milton 878-6611 WINOOSKI DMV Colchester Burlington Essex UVM So. Burl Milton Williston CCSD VSP Richmond Hinesburg Shelburne 655-0221 Dated 03-01-2006 Page 42 of 46  Page 5 APPENDIX B JURISDICTIONAL CONDITIONS Jurisdiction Condition(s) (As of 03-01-2006 None noted) Dated 03-01-2006 Page 43 of 46 Dated 03-01-2006 Page 44 of 46  Burlington Board of Police Commissioners City of Burlington, Vermont 149 Church Street • Burlington, VT 05401 April 6, 2026 The Honorable [Council President Name] President, Burlington City Council 149 Church Street Burlington, Vermont 05401 Re: Commission Request for Body-Worn Camera Footage — May 11 ICE Detention and Protest Dear Council President [Name], The Burlington Board of Police Commissioners writes regarding records request of significant public concern. The Commission requested body-worn camera footage from the May 11 ICE detention and protest. The Commission raised this matter directly with the Police Chief at our March 24 meeting. The footage was withheld until April 20, 2026. No legal basis for withholding the footage has been provided. The Commission’s request was made under its authority to audit and review Police Department actions for conformity with current Department policy — a power grounded in Burlington City Charter §§ 183 and 184 and operationalized by City Council Resolution 7.09 (2021). This is not a complaint- review request, which carries its own procedural framework. It is an exercise of the Commission’s broader, freestanding audit authority. Neither the Charter nor Resolution 7.09 articulates any exception to that authority, nor carves out any category of records or circumstances under which it may be denied. The Commission is not aware of any legal basis — in statute, ordinance, or collective bargaining agreement — that would support withholding this footage from the Commission under this access pathway. If such a basis exists, the Commission respectfully requests that it be identified clearly and in writing. What the Commission cannot accept is a denial by default that effectively limits the Commission’s access to Department records to whatever the Department chooses to provide — placing this body in no better position than any member of the public filing a Public Records Act request. The Commission did not seek public release of this footage. We sought internal access to carry out our oversight function on a matter the community has clearly identified as significant. We ask the Council directly: if its intent is that this Commission functions as a meaningful civilian oversight body with genuine access to Department records, we need the Council’s support in making that intent clear and operational. If the current framework does not support that outcome, the Commission and the public are entitled to know that as well. We respectfully request that this matter be placed on the agenda of the Council’s next scheduled meeting and that the Council provide a written response. Page 45 of 46 Respectfully submitted on behalf of the Burlington Board of Police Commissioners, [Co-Chair Name], Co-Chair [Co-Chair Name], Co-Chair Burlington Board of Police Commissioners cc: Mayor Emma Mulvaney-Stanak City Attorney’s Office Chief of Police Shawn Burke Burlington Board of Police Commissioners (all members) VTDigger — news@vtdigger.org WCAX News — news@wcax.com Page 46 of 46