The Legislative Committee on Administrative Rules voted Jan. 9 to approve revisions to the Vermont Criminal Justice Council rules, including new provisions establishing how a statewide law-enforcement code of conduct will be implemented and changed, and a requirement tied to advanced roadside impaired driving enforcement training (ARIDE).

The code-of-conduct rule, filed as 24 P 45, creates the procedural container for a statewide policy but does not print the full text of the policy in the rule itself, committee members were told. Kim McManus, representing the Vermont Criminal Justice Council and serving as legislative attorney for the state's attorneys and sheriffs, told the committee the council set out what the code may include, how to implement it and how to modify it without embedding the full policy text in the administrative rule.

"We see that as a policy. It's a statewide policy under the council," McManus said, explaining that the rule spells out the scope, including how certain off-duty conduct can come under the council's review if it has a nexus to an officer's ability to do the job. She said the statewide policy went into effect Jan. 1, 2025, and officers are expected to follow it "like any other statewide policy."

Why it matters: The rule creates a uniform, statewide process for handling alleged code-of-conduct violations and sets a carefully defined method for changing the code so changes are not made in a single, reactionary meeting. That has implications for certification and discipline across Vermont law enforcement agencies.

Key provisions and implementation details cited to the committee include:
- A two-step process to modify the code of conduct that requires two council meetings with a two-thirds majority vote at each meeting and a 60-day window between meetings, intended to balance responsiveness and deliberation.
- The code's scope can include certain off-duty behavior if there is a demonstrated nexus to job performance; the rule clarifies what that nexus must be.
- The rule creates a container for the code and reserves the substantive text to a separate statewide policy document, analogous to the council's use-of-force or fair-and-impartial-policing policies.
- A new requirement in the specialized training rule (rule 22, section b) specifies when ARIDE must be taken; an accompanying waiver provision (rule 23, subsection i) allows for an indefinite waiver in narrowly defined circumstances, such as administrators or chiefs who do not perform regular traffic stops.
- Minor clarifications: rule 4A now explicitly references Robert's Rules of Order for the council's meeting procedure, and rule 23 clarifies which internal officials approve waivers rather than using the ambiguous term "review."

Ben Novogrowski of the Office of Legislative Council told the committee he and legislative staff had discussed the structure with the committee of jurisdiction and found the approach "not inconsistent with the legislative intent" for the statute that authorized the council to create a statewide code of conduct. "That was the current view based off of those conversations," Novogrowski said.

Discussion versus decision: Committee members asked for clarification on the scope and the amendment process; McManus and Novogrowski described the council's deliberative approach. A formal motion to approve the rule was moved by Senator Bridal and adopted by voice vote; the transcript records an affirmative voice vote and no roll-call results were recorded in the meeting record.

Votes at a glance: Motion to approve rule filing 24 P 45 (Vermont Criminal Justice Council) — moved by Senator Bridal; outcome: approved (voice vote; roll-call not recorded in the transcript).

Ending: Committee staff and presenters said the rule changes are intended to balance transparency, careful deliberation, and the council's ability to respond to evolving expectations for law enforcement conduct. The council and staff offered to answer further questions as stakeholders review implementation details.