The Burlington, Vermont, Police Commission is considering once again amending the city’s Fair and Impartial Policing Policy.
In 2016, the Vermont Criminal Justice Training Council adopted a statewide Fair and Impartial Policing Policy. Four years later, Burlington’s City Council adopted an amended version of the state policy addressing involvement with federal immigration authorities. Last year, the state agency updated its policing policy.
In turn, Jessica Oski, a member of the Burlington Police Commissioner, is now proposing the city refresh its fair policing standard.
Oski wants the city to adopt an amended version of the state policy to close what she calls loopholes that are too broad regarding information sharing between police and federal authorities.
“The draft that I put forward takes into account the main points of the policy, the essence of the policy, and makes some clarifications to make it easier for officers to enforce and add some protections that were inspired by the resolution that was adopted by the city council in 2020,” Oski explained. “It brings those protections back into the Fair and Impartial Policing Policy. The state law is very clear that communities can have additional protections in their policies. I think there’s some concerns about what has been proposed to be deleted.”
With multiple stakeholders urging caution, the commission voted unanimously Tuesday to table the proposal. It comes amid a federal immigration crackdown including several high-profile detentions in Vermont.
Migrant Justice was founded and is led by Vermont immigrant farmworkers. Spokesperson Will Lambek noted the group has been heavily involved in helping to create the framework for Fair and Impartial Policing policies, especially pertaining to immigrant protections.
“We were very much involved in the lead up to the 2020 Burlington City Council resolution in favor of adopting recommendations from Migrant Justice to strengthen the Fair and Impartial Policing Policy that Burlington then had on the books,” recalled Lambek. “And that strengthened policy, with enhanced protections for immigrant communities, was on the books from 2020 until 2024 when the Criminal Justice Council updated its model and then the Burlington Police Department updated its own policy to conform to the model.”
Lambek requested that the Police Commission delay action in forwarding an amended policy so that it can go through the city council process.
“Our concerns are that in updating to match the updated state model policy Burlington Police Department actually rolled back the enhanced protections. I believe that the draft policy that you all are considering sending to the Criminal Justice Council would also roll back some of those enhanced protections that were put in place by the Burlington City Council. There were months and months of debate and consideration leading up to that 2020 vote,” Lambek said. “So we would like to see a policy that matches the enhanced protections that were approved by the City Council in 2020.”
New Burlington Police Chief Shawn Burke told commissioners he has reviewed the proposed city revisions.
“This is something that should be approached very carefully. This is similar to the deliberations that went on by the Vermont Criminal Justice Council when the 2024 model was developed. Not all goals were achieved by the stakeholders convened there. And this went through an exhaustive process,” noted Burke. “And regardless of what action Burlington City Council took in 2020 and what we deliberate here tonight, ultimately the Vermont Criminal Justice Council will decide whether or not they’re going to certify our policy.”
The commission will now refer the current draft proposal to the Criminal Justice Council to determine if it is compliant with state law. If it is, the proposal would then return to the Police Commission for possible adoption.
