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 in reviewing cases of officer misconduct.
The measure, which would change the city’s charter, says the commission would be able to hire an investigator and convene an independent panel if members disagreed with how the police chief planned to discipline officers.
The ballot item passed 62.5 percent to 37.5 percent, or 11,398 to 6,847 votes, according to unofficial election results provided by the city.
“I am incredibly pleased,” Councilor Gene Bergman (P-Ward 2) said on Tuesday evening. “I think that people saw what we proposed and said it was fair and reasonable.”
The result may settle a question that Burlington officials have been debating for more than four years. But it’s sure to disappoint Burlington police officers, including Chief Jon Murad, who fear it will harm ongoing efforts to restaff the shorthanded department.
Murad didn’t respond to an interview request. On Tuesday evening, the Burlington Police Officers’ Association posted a statement on Facebook saying that they value residents’ opinions on the ballot measure but feel their “professional input was disregarded” by city officials.
“We believe this question was presented to voters in a fashion that did not afford appropriate analysis to make a truly informed assessment,” the union’s statement says. “We … will continue to express our disagreement with this charter change, next at the State level.”
The measure, which had bipartisan support on the council, still needs approval from the legislature and governor before it can become law in Burlington.
Voters on Tuesday also approved a $20 million bond for the Burlington Electric Department to use for “net zero energy and grid reliability projects.” The item passed 79.6 percent to 20.3 percent, or 14,341 to 3,657 votes, Town Meeting TV reported.
The policing proposal is the third effort to enshrine greater oversight into the city charter since 2020, when George Floyd’s murder by Minneapolis police sparked a nationwide racial reckoning.
In Burlington, allegations of excessive force by police led to a proposal in 2020 to create a “control board” with the power to fire officers for misconduct, including the chief. Former mayor Miro Weinberger vetoed the plan, but it resurfaced in 2023 as a ballot item. That, too, was defeated — by almost the same margin as Tuesday’s measure passed.
The voter-approved proposal seeks to give the police commission more teeth. Currently limited by the charter to reviewing department policy, commissioners would have the authority to review all civilian complaints and internal investigations. If they disagree with the chief’s proposed discipline, commissioners could opt to hire an independent investigator, then vote on how the matter should be settled.
If the chief rejects their recommendation, commissioners would be able to refer the matter to an independent panel, which could override the chief’s decision. Both hiring an investigator and convening the panel would require a two-thirds vote of the seven-member police commission.
The makeup of the panel, which will be described in a city ordinance, is still being debated. The latest version proposed a panel of five people, four of whom would have 10 years’ experience in fields such as law enforcement, human resources and the court system. A fifth would need to have a background in racial justice or criminal justice reform.
Murad previously said the charter change is unnecessary because the commission’s powers are already described in a department policy. The panel would become a “political apparatus” that would scare off potential recruits, Murad said in a recent Town Meeting TV discussion.
A group of residents — including former council president Jane Knodell — formed a “public question committee” to defeat the ballot item. Called Together for Burlington, the group spent just over $8,600 on newspaper ads, lawn signs and mailers that urged a no vote, according to campaign finance records filed with the Vermont Secretary of State’s Office.
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 that putting more on the police commission’s plate would overburden the all-volunteer body.
Proponents, however, had argued that the department’s history of overpolicing Black residents justified the change. Councilors have refuted officers’ claims that the system would harm recruitment, noting that in recent months, the council has approved a strong police contract and offered hiring bonuses, among other steps, to bolster the department’s head count.
Tuesday night, Councilor Melo Grant (P-Central District) said she was relieved by the result. A former police commissioner, Grant said the charter change would codify the commission’s role as an oversight body. But she also thinks 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 legislators to ensure the measure is approved.
“This work is critical as we continue to find ways to heed the calls for racial justice and fair and impartial policing practices and work on rebuilding a police department that reflects Burlington’s values,” she said.
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