Burlington voters approve police oversight ballot measure

Updated at 9:21 p.m

Burlington voters on Tuesday decisively approved a ballot item that would give the city's Police Commission more power to review cases of officer misconduct.

The measure, which would change the city's charter, says the commission could hire an investigator and convene an independent panel if members disagree with the way the police chief plans to discipline officers.

According to the city's unofficial election results, the vote was 62.5 percent to 37.5 percent, or 11,398 votes to 6,847.

“I’m incredibly pleased,” Councilman Gene Bergman (P-Ward 2) said Tuesday evening. “I think people saw what we proposed and said it was fair and reasonable.”

The result could resolve an issue that Burlington officials have debated for more than four years. But it is sure to disappoint Burlington police officials, including Police Chief Jon Murad, who fears it will jeopardize ongoing efforts to replenish the understaffed department.

The measure, which received bipartisan support on the council, still needs to be approved by the Legislature and the governor before it can become law in Burlington.

Voters on Tuesday also approved a $20 million bond for the Burlington Electric Department to be used for “net-zero energy and grid reliability projects.” According to Town Meeting TV, the article passed by 79.6 percent to 20.3 percent, or 14,341 votes to 3,657.

The policing proposal is the third attempt to enshrine greater control in city law since 2020, when the killing of George Floyd by Minneapolis police sparked a nationwide racial confrontation.

In Burlington, allegations of excessive force by police in 2020 led to a proposal to create a “control board” with the power to fire officers, including the police chief, for misconduct. Former Mayor Miro Weinberger vetoed the plan, but it resurfaced as an election issue in 2023. That too was rejected – by almost the same majority as the measure passed on Tuesday.

The voter-approved proposal aims to give the Police Commission more power. The commissioners are currently limited by statute to reviewing department policy and would have the authority to review all civilian complaints and internal investigations. If they disagree with the chief's proposed disciplinary action, commissioners could opt to hire an independent investigator and then vote on how to resolve the matter.

If the chief rejects his recommendation, commissioners could refer the matter to an independent panel that could overrule the chief's decision. Both hiring an investigator and convening the panel would require a two-thirds majority of the seven-member Police Commission.

The composition of the board, which is described in a city ordinance, is still being discussed. The latest version proposed a panel of five people, four of whom would have 10 years of experience in areas such as law enforcement, human resources and the courts. A fifth would need to have a background in racial justice or criminal justice reform.

Murad previously said the charter change was unnecessary because the commission's powers were already outlined in a department policy. The panel would become a “political machine” that would deter potential recruits, Murad said in a recent televised Town Meeting discussion.

A group of residents — including former Council President Jane Knodell — formed a “public question committee” to oppose the ballot item. The group, calling itself “Together for Burlington,” spent just over $8,600 on newspaper ads, lawn signs and mailers calling for a no vote, according to campaign finance records filed with the Vermont Secretary of State .

On its website, the group argued that the panel would add unnecessary layers to internal investigations that would delay their resolution. The group also said putting more strain on the Police Commission would overburden the all-volunteer body.

But advocates had argued that the fact that the department had over-surveilled black residents in the past justified the change. Councilors have rejected officers' claims that the system would hurt recruitment, pointing out that in recent months the council has approved a strong police contract and offered recruitment bonuses, among other things, to increase the number of staff in the department.

On Tuesday evening, Councilwoman Melo Grant (P-Central District) said she was relieved by the outcome. Grant, a former police commissioner, said the charter change would codify the commission's role as an oversight agency. But she also believes more could be done to restore trust in the department, which has faced three excessive force lawsuits in recent years.

“I think this is the first step,” she said.

In a statement, Mayor Emma Mulvaney-Stanak said her administration will work with lawmakers to ensure the measure is approved.

“This work is critical as we continue to find ways to meet calls for racial justice and fair and impartial policing practices and work to rebuild a police department that reflects Burlington’s values,” she said.