Burlington residents will vote in November on a measure that would increase civilian oversight of the city's police department.

The proposed charter change would give the existing police commission more oversight power and create a new independent panel to review officer misconduct. After a debate over how to structure the panel, the Burlington City Council voted unanimously on Monday night to send the item to the November 5 ballot.

"This proposal does not go as far as I would have liked, but it does increase community oversight in ways I believe our community expects and wants," said Councilor Gene Bergman, (P-Ward 2), who chairs the council's Charter Change Committee that reviewed the proposal. "It is fair."

The proposal is the third effort to enshrine greater police oversight in the city charter since 2020, when Burlington — and the rest of the country — reckoned with creating more accountability for police. Most recently, in March 2023, voters shot down a measure that would have created a "community control board" with the power to hire, fire and discipline cops, including the chief.
The latest version contains none of those provisions. Instead, it would enhance the role of the seven-member police commission, which is currently limited to reviewing department policies and officer uses of force. The commission can recommend disciplinary action, but only the police chief can carry it out.



The proposed charter change would allow the commission to review citizen complaints and misconduct allegations, including by hiring an independent investigator. In addition to recommending disciplinary action, the commission would be able to refer the matter to an independent panel if the police chief disagrees with its findings. The panel would have the final say on discipline, though officers could still appeal the decision.

But while councilors supported the extra layer of oversight, they couldn't agree on the makeup of the proposed panel. A lengthy debate ensued, with council Progressives favoring a charter change that would spell out the panel's makeup and council Democrats proposing to hash out the details in a forthcoming city ordinance.

The Progs' version — which the Charter Change Committee approved on a 2 to 1 vote — envisioned a five-person panel. The city council and police commission would each appoint a member, and the mayor would choose three others: someone with human resources experience, another with a law enforcement background and a person representing the general public.

Councilor Tim Doherty (D-East District), however, moved to amend that language, largely by striking most of it. His version, which the full council eventually approved, said the panel should have between three and five members and that a city ordinance would determine who's eligible to serve.

Doherty's amendment originally suggested that the Ordinance Committee come up with a proposal by late October, but councilors moved up that deadline to late September.
Doherty said an ordinance is more flexible than the city charter, changes to which must be approved by both state lawmakers and the governor. Other Democratic councilors questioned whether the mayor should be able to appoint the majority of the panel.

“This panel will be making meaningful decisions about discipline of police officers," Doherty said. "I think it’s really essential that we get that balance correct.”

Bergman, a Progressive, countered that sending the matter to the Ordinance Committee — where he serves alongside Democratic councilors Joan Shannon (South District) and Becca Brown McKnight (Ward 6) — would create "a much more politicized process." Describing the panel's makeup on the ballot would be more transparent to voters, Bergman said.

Councilor Melo Grant (P-Central District), a former police commissioner, charged that Doherty's amendment aimed to keep more people with different backgrounds from serving on the panel and gives too much deference to the police department, which is currently embroiled in two excessive-force lawsuits.

"It's cowardly," she said of Doherty's proposal. "This idea that we're going to get it right [in Ordinance Committee] — right for who?"

Residents will still have the opportunity to weigh in on the charter language before it goes to the ballot. The council will hold two public hearings on the item, on August 15 and 22.
Earlier in the meeting, councilors confirmed Jessica Brown, Mayor Emma Mulvaney-Stanak's pick for city attorney. With a unanimous vote, Brown became the first-ever Black woman to hold the position. She'll start on August 19.

Brown, an assistant professor at Vermont Law & Graduate School, also served as the school's director of the Center for Justice Reform. She had a 24-year career as a public defender in Vermont and New Hampshire and, this spring, was reported to be a finalist for a lifetime appointment as Vermont's U.S. District Court judge. She fills a position that's been vacant for more than two years.

Councilors lauded Brown's leadership experience and noted her excellent references. But they also expressed some reservations about her inexperience with municipal law and whether, as a former public defender, she would aggressively pursue violations of city ordinances. They also questioned how she would get to know the city, as a Waterbury resident.



Brown acknowledged that she'd need to get up to speed on city ordinances but said her time working in criminal court prepared her to handle issues related to community safety. As for not living in Burlington, Brown said she's just as committed to the city as someone who does.

"Burlington's an amazing city," she said. "What better role could there be to help all of you who do live here?"