Bennington police chief opposes charter wording that could allow outside board access to personnel files

Bennington Police Chief Paul Vietkette told the House Government Operations & Military Affairs committee that he supports civilian review but opposes proposed charter language in H.693 that he said could be read to allow outside boards to access officers' personnel files.

"I don't believe that they have the right to go into an officer's personnel file," Vietkette said, arguing the bill's phrasing about delegating authority to a review body to examine "video footage, transcripts, and other materials" is too vague and could expose personally identifying information. He described current practice in Bennington as one that redacts complainant and officer names before providing case facts to the Community Policing Advisory Review Board.

Vietkette outlined the town's existing civilian-review structure, which the Select Board created by resolution in April 2022 and intended to include seven community members and a Select Board liaison. He said internal affairs investigators and supervisors receive training through programs such as FBI LITA and at Roger Williams University, and that the department follows state requirements under Act 56 by submitting certain matters to the Vermont Criminal Justice Training Council and the police academy for additional review.

The chief told the committee that while the department has struggled at times with turnover on the advisory board and with getting outside training up and running, the board has since held listening sessions, encouraged citizen surveys and helped fund community initiatives — including a fundraising effort to buy police canines. "We needed to raise $15,000 and when it all came together, the community raised $72,000," he said.

But Vietkette said he is concerned the charter change sought by some would allow a newly constituted or replacement board to investigate more deeply, potentially requesting personnel records that contain sensitive health or identity information. He cited his own experience of medical leave records being stored in his personnel file as an example of material he would not want widely accessible.

Representative Pisonal asked about the reporting chain; Vietkette confirmed that the chief reports to the town manager and the town manager reports to the Select Board, and said Select Board turnover can create uncertainty about who might seek access to records in the future. Other committee members raised similar concerns and asked for more testimony and possible clarifying amendments to limit access to materials strictly relevant to an investigation.

The committee did not take a vote on H.693 during this session. Members concluded the testimony and indicated staff would follow up with witnesses if the committee requests further information.