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Senate Judiciary hears experts urge council rulemaking rather than complex statutory mask exceptions in S.208
Summary
A Department of Public Safety commissioner and a constitutional law professor told the Senate Judiciary Committee that S.208’s goals (ensuring officer identification and limiting face coverings used to hide identity) may be better achieved through Criminal Justice Council rulemaking or a statewide policy than by detailed statutory exceptions; legal challenges under intergovernmental-immunity and preemption doctrines remain possible.
The Vermont Senate Judiciary Committee on Jan. 15 heard testimony urging the committee to consider administrative rulemaking through the Criminal Justice Council, rather than embedding detailed exceptions in statute, to address proposed restrictions on law-enforcement face coverings in S.208.
Jennifer Morrison, commissioner of the Department of Public Safety, told the committee she supported the bill’s goal but recommended moving the issue into an administrative framework. "I would recommend that you either direct the Vermont Criminal Justice Council to adopt a rule as part of the existing code of conduct or that you move in the direction of requiring a statewide policy on this topic," Morrison said, arguing a council-led approach would create "a statewide consistent framework" and avoid variations from 14 different prosecutors.
Morrison also proposed cleaner statutory language if the committee keeps the issue in statute: "it shall be unlawful for any law enforcement officer in Vermont in the course of their official duties to obscure their face for the purpose of hiding their…
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