Police Commission

Police Commission Tuesday, August 26, 2025, 6:00 PM, Zoom/Contois Auditorium City Hall When: Aug 26, 2025 06:00 PM Eastern Time (US and Canada) Topic: Police Commission 8.26.2025 Join from PC, Mac, iPad, or Android: https://us02web.zoom.us/j/89985302457 Phone one-tap: +13126266799,,89985302457# US (Chicago) +16465588656,,89985302457# US (New York) Join via audio: +1 312 626 6799 US (Chicago) +1 646 558 8656 US (New York) +1 646 931 3860 US +1 301 715 8592 US (Washington DC) +1 305 224 1968 US +1 309 205 3325 US +1 507 473 4847 US +1 564 217 2000 US +1 669 444 9171 US +1 669 900 9128 US (San Jose) +1 689 278 1000 US +1 719 359 4580 US +1 253 205 0468 US +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) +1 360 209 5623 US +1 386 347 5053 US Webinar ID: 899 8530 2457 International numbers available: https://us02web.zoom.us/u/kdnZ9BBAfE 1. Agenda 1.1. Call to Order 1.2. Roll Call and Determination of Quorum 1.3. Additions or Modifications to Agenda 2. Motions (Time Limited 15 Minutes) Page 1 of 23  2.1. Motion to adopt previous meeting's minutes 3. Public Forum (Time Limited 10 Minutes) 3.1. The public is invited to address the Commission 4. Commission Business (Time Limited 45 Minutes) 4.1. Committee Reports from All Committees • Complaints Committee 4.2. Directive Review • DD14.1 - Body Worn Camera Systems • DD29 - Online Crime Reporting 4.3. Retreat Agenda Discussion • Potential Speakers • Potential Topics 5. Police Department Business 5.1. Chief's Report 6. Commendations (Time Limited 15 Minutes) Subject 6.1. July Commendations Meeting August 26, 2025 - Police Commission Meeting - Tuesday, August 26, 2025, 6:00 PM, Zoom/Contois Auditorium City Hall Category 6. Commendations (Time Limited 15 Minutes) Department Police Department Type Recommended Action 7. Commission Chair Nominations (Time Limited 10 Minutes) 8. Commission Chair Vote (Time Limited 10 Minutes) 9. Announcement of Next Meeting Date 9.1. 09/23/2025 10. Adjournment 10.1. Motion to Adjourn 11. Informational and Non-Discrimination Statements Subject 11.1. This agenda is available in alternative formats upon request. For more information on access, call Lori Olberg, Licensing, Voting and Records Coordinator (802-865-7136)(TTY 802-865-7142). Persons with disabilities who require assistance or special arrangements to participate are encouraged to contact 802-865-7000 (voice) or 802-865-7142 (TTY) at least 72 hours in Page 2 of 23  advance so that proper arrangements can be made. This meeting will also air on Town Meeting TV the Wednesday after the meeting, starting at 8:00 pm and repeating at 1:00 am and 7:00 am the following day. The City of Burlington will not tolerate unlawful harassment or discrimination on the basis of political or religious affiliation, race, color, national origin, place of birth, ancestry, age, sex, sexual orientation, gender identity, marital status, veteran status, disability, HIV positive status, crime victim status or genetic information. Meeting August 26, 2025 - Police Commission Meeting - Tuesday, August 26, 2025, 6:00 PM, Zoom/Contois Auditorium City Hall Category 11. Informational and Non-Discrimination Statements Department Council and Board Type Page 3 of 23  Police Commission Tuesday, July 22, 2025 Remote via Zoom and In-person in Contois Auditorium City Hall Burlington, Vermont DRAFT MINUTES Members Present: Commissioner Depper, Commissioner Brooks Fast, Commissioner Finneran and Commissioner Paul Members Online: Commissioner Cox, Commissioner Comerford, and Commissioner Ginorio Staff Present: Interim Chief Burke present, Command Staff Assistant Shibe Couchman online, Attorney Hayley McClenahan Public Present: Councilor Melo Grant 1. Agenda 1.1. Call to Order Meeting called to order at 6:01pm by Commissioner Depper. 1.2. Roll Call and Determination of Quorum All Commissioners present. 1.6. Motions for Additions or Modifications to Agenda (Time Limited: 15 Minutes) Commissioner Paul moved to add the discussion of a Commission retreat as well as a discussion of the Commission attending a Roll Call with a meeting to follow. Motioned, seconded, and approved. Commissioner Cox mentioned how in previous years, a new chair and vice chair would be nominated and voted on at the beginning of the Fiscal Year. Motioned, seconded to discuss this evening, motion fails. Commissioner Cox requested to add it to the August agenda. Chair Depper accepts. 2. Adopt Minutes 2.1. Motion to Adopt Draft Minutes from May 27th, 2025 Moved, seconded, approved unanimously. 3. Public Forum (Time Limited: 10 Minutes) 3.1. The Public is Invited to Address the Commission Councilor Melo Grant spoke regarding the past, present, and future of the Police Commission, urging the Commission to have balance between the public and the Police Department. 4. Commission Business (Time Limited: 30 Minutes) 4.1. Committee Reports from All Committees The only standing Committee is the Complaints Committee. Tabled until section 4.5 4.2. Committee Changes Page 4 of 23 4.3. Flag and Table: Public Information Directive – DD30 Law Enforcement Role and Authority – DD01 Chair Depper says that if the Commission has read and understands the Directives then the Commission can vote. Chair Depper moves to approve DD30, seconded, approved unanimously. Chair Depper moves to approve DD01, seconded, approved unanimously after Commissioner Paul question. 4.4 Discussion of DD03 – Fair and Impartial Policing – Update on Referral Chief Burke to have a DD03 written up to be discussed in September’s meeting, given the addition of new Commissioners and the previous DD03 draft being edited by Commissioners who are no longer part of the Commission. 4.5 Discussion of Complaints Committee The role is to be notified of complaints, review, and provide feedback. Required by policy. Chair Depper is the only Committee member, Commissioner Finneran and Commissioner Ginorio appointed to join. Time moved by Commissioner Cox to be extended by 15 minutes, seconded, approved unanimously. Addition of 4.6 Commission Retreat / Informal Meeting Commissioner Paul offers a Commission Retreat to give the Commissioners to get to know one another, speak informally in person. Talk about their priorities, what made them join, etc. Input as well from the Chief within this meeting. Addition of 4.7 Attending Roll Call at the BPD Commissioner Paul suggests Commissioners attend a Roll Call, give commendations, see the renovations at the Department and interact with the Officers. Chief Burke supports the idea, will look into the timeline for the completion of Department construction to then have Commissioners attend Roll Call and see all improvements done. 5. Police Department Business (Time Limited: 30 Minutes) 5.1.July 2025 Chief’s Report Table setting with City data team. Charts supported by data shown and explained by Chief Burke. Discussed further updates within the Department to include policy and direction. 6. Commendations (Time Limited: 15 Minutes) 6.1. Officer Commendations Commissioner Cox spoke of recent personal experience and interaction with Officers Moran (as well as second officer she could not remember the name of). She speaks of their patience, tips offered, and overall positive interaction. 7. Announcement of Next Meeting Date August 19th, 2025. Page 5 of 23  8. Adjournment 8.1. Motion to Adjourn The Commission adjourned the public meeting at 7:33pm. Page 6 of 23  BURLINGTON POLICE DEPARTMENT DEPARTMENT DIRECTIVE DD29 Online Incident Reporting Reviewed and published Month Date, Year ______________________________________________________________________________ PURPOSE: The Burlington Police Department utilizes online reporting for non-emergency incidents which occur within city limits where the incident does not require an immediate police response. POLICY: It is the policy of the Burlington Police Department to designate non-emergency incidents for online reporting only. CONTENTS: I. Dispatch Procedures II. Intake and Review Procedures III. Online Reports – Follow Up ______________________________________________________________________________ I. DISPATCH PROCEDURES A. Dispatch will refer the following incident types to online reporting: 1. Bad Check 2. Computer Crime 3. Counterfeiting 4. Disorderly Conduct by Electronic Communication 5. Embezzlement 6. False Pretenses 7. Fraud 8. Identity Theft 9. Late Report M/V Crash 10. Late Report LSA 11. Prescription Fraud 12. Theft of Rental Property 13. Theft of Service 14. Uttering a Forged Instrument 15. Vandalism Page 7 of 23 DD29 Page 2 of 3 Online Incident Reporting (Month Date, Year) B. In the absence of a Community Service Officer (CSO), dispatch may direct reports of Crash – Non Investigated, Crash – Property Damage Only, and Property Damage to online reporting. The Community Service Officer Manager will be responsible for reviewing and assigning these incidents to a CSO for follow up. C. Online reporting allows complainants to submit their reports directly into the records management system. Online reports are generated with a temporary report number. II. REVIEW PROCEDURES A. Records Division Responsibilities 1. The Records Division will conduct the initial review of all online reports. If additional information is needed, Records will contact the complainant to request it. Once a report is complete, Records will: i. Verify the location and validate the name and address. ii. Convert the report into an official Incident. iii. Automatically notify the complainant via email that an Incident has been created, provide the Incident Number, and outline the next steps. iv. Assign the Incident to the appropriate supervisor, as outlined below. B. Low Solvability Incidents 1. If a report appears complete but shows indicators of low solvability, the Records Division will: i. Create the Incident and document the factors contributing to low solvability. ii. Forward the Incident to a supervisor for review and closure. iii. Upon closure, send an automated email to the complainant explaining that the case has been closed and no further action will be taken. C. Administrative Lieutenant Responsibilities 1. The Administrative Lieutenant is responsible for reviewing the following online incident types: i. Disorderly Conduct by Electronic Communication ii. Leaving the Scene of an Accident – Late Report Page 8 of 23 DD29 Page 3 of 3 Online Incident Reporting (Month Date, Year) iii. Theft of Rental Property iv. Theft of Service v. Vandalism D. Detective Services Bureau Lieutenant Responsibilities 1. The Detective Services Bureau Lieutenant will review all remaining online incident types: i. Bad Check ii. Computer Crime iii. Counterfeiting iv. Embezzlement v. False Pretenses vi. Fraud vii. Identity Theft viii. Prescription Fraud ix. Uttering a Forged Instrument III. ONLINE REPORTS – FOLLOW UP A. Incidents which require follow up will be assigned to an officer / or detective by the reviewing supervisor. Reviewed and adopted by the Burlington Police Commission on Month Date, Year. __________________________________ ________________ Shawn P. Burke, Interim Chief of Police Effective Date Page 9 of 23  BURLINGTON POLICE DEPARTMENT DEPARTMENT DIRECTIVE DD14.1 Body Worn Camera Systems Reviewed and published Month Date, Year ______________________________________________________________________________ PURPOSE: Body Worn Cameras are intended to record police interactions with members of the public. These recordings serve many purposes including enhancing agency transparency, accountability and public trust while documenting emergency responses and crime scenes, collecting evidence and more. This policy provides consistent statewide guidance for how and when body cameras will be used by law enforcement as outlined in Title 20 VSA §2369. It also provides consistent guidance on storage, retention, and release of recordings. POLICY: The Burlington Police Department shall operate a body worn camera program consistent with each component of the Vermont Criminal Justice Council Statewide Policy. The objectives of the body worn camera program include enhanced officer safety, documentation of incidents as they occur, collection and digital preservation of evidence related to criminal prosecution and civil litigation, and providing greater transparency to the community. All Burlington Police officers shall utilize body worn camera technology as outlined in this policy. CONTENTS: I. Definitions II. Procedure III. Prohibitions IV. Review of Recordings V. Equipment & Training VI. Storage, Retention, & Release of Video Evidence ______________________________________________________________________________ I. DEFINITIONS Body Worn Cameras (BWC): An electronic device capable of capturing audio and visual data worn on a person’s body. Law enforcement officer or sworn member: A Vermont law enforcement officer with the authority to conduct searches and make arrests. Referred to as “officer” in this policy. Lethal force incident: Whenever as officer uses lethal force (whether the subject is injured or not); and any incident where an officer takes action that results in death or serious bodily injury to a person. Page 10 of 23 DD14.1 Page 2 of 10 Body Worn Camera Systems (Month Date, Year) Operationally Deployed: Any assignment at or within the outermost containment perimeter of an incident where interactions with the public, collection of evidence, or a use of force could be reasonably expected. Assignment at a staging area, command post, or similar shall not be considered operationally deployed for purposes of this policy. Recordings: Refers to files captured by audiovisual equipment. Subject of the video footage: Any identifiable law enforcement officer or any identifiable suspect, victim, detainee, conversant, injured party, or other similarly situated person who appears on the body camera recording and shall not include people who only incidentally appear on the recording. Use of force: Any action beyond verbal commands and compliant handcuffing by a law enforcement officer that is intended to control, restrain, or overcome the resistance of another. This includes any action that results in death, injury, or complaint of injury or pain that persists beyond the use of a physical control hold. Force also includes the use of a weapon (including pointing a firearm at a person) or empty-handed control and restraint tactics against a member of the public. Video footage or file: Any image or audio and metadata recorded by audiovisual equipment. II. PROCEDURE A. Body worn cameras (BWCs) shall be worn by all sworn uniform officers assigned to a patrol function; this shall include all overtime or extra duty assignments when the employee is in uniform. Officers assigned to the Emergency Response Unit shall wear body worn cameras when operationally deployed. Burlington Police Department Community Service Officers (CSOs) shall wear and operate BWCs as outlined in this policy. B. Officers assigned to the Detective Services Bureau (DSB) shall wear BWCs when conducting high risk field operations, e.g. search warrant execution, arrest warrant execution, or other planned operations involving a high potential for use of force. Nothing shall preclude a member of DSB from using BWC technology in other circumstances in accordance with this policy. C. BWCs shall be worn in a location and manner consistent with the manufacturer’s recommendations which maximize the camera’s ability to capture video and audio footage of the officer’s activities. D. BWCs are not intended to be used surreptitiously. Specifically, officers should not conceal the presence of a body worn camera, nor should they attempt to utilize the body camera to record in secret unless authorized by a judicial order. Page 11 of 23 DD14.1 Page 3 of 10 Body Worn Camera Systems (Month Date, Year) E. Both the video and audio recording functions of BWCs shall be activated in any of the following situations: 1. When responding to or being present at an incident or enforcement encounter involving a member of the public, officers shall activate their body-worn camera. If an immediate threat to the officer’s life or safety prevents activation, the camera shall be activated at the earliest safe and reasonable opportunity. 2. During all requests made in the field to conduct a search and during the performance of the search, including K-9 searches. 3. During the administration of Miranda warnings and any response when in the field. 4. During any encounter where the officer reasonably anticipates it may become confrontational or result in the need to use force. 5. The Chief of Police may identify additional circumstances where BWCs shall be used. F. Except as authorized in subsections (G & H) of this section, BWCs shall not be deactivated until the encounter has fully concluded and the officer leaves the scene or continued custody of a person has ended. G. Prior to entering a private residence, or premise where there is a reasonable expectation of privacy, without a warrant or in non-exigent circumstances, an officer shall notify the occupant(s) of use of the body camera. 1. If an occupant with privacy rights objects to the operation of the body camera, an officer shall consider the need to continue the encounter. If the officer has no lawful basis to continue the encounter absent consent, the officer shall consider terminating the encounter. If the officer has a lawful basis to continue the encounter or remain present, other than the individual’s consent, the officer may continue using their body camera. 2. If entering a private residence pursuant to a search warrant, the officer shall, at the time of applying for the search warrant, consult with the State’s Attorney’s Office or Attorney General’s Office to determine whether a search warrant is needed for use of the body worn camera. H. Permissive agency restrictions on the use of BWCs: 1. There are specific situations in which the use of audiovisual recording is not appropriate, and officers should not initiate a recording or, if an audiovisual Page 12 of 23 DD14.1 Page 4 of 10 Body Worn Camera Systems (Month Date, Year) recording has been initiated, the officer may pause or stop the recording prior to the conclusion of the event. Acceptable reasons for discontinuing recording or activating the mute feature include: a. During on scene conferences between officers, supervisors, advocates, clinicians, EMS personnel, attorneys, prosecutors, or other situations in which the officer determines the conference would violate confidentiality, privacy, or individual rights. b. Conferences between officers and supervisors that might compromise this or further investigations or would otherwise impede law enforcement efforts or strategy. c. Encounters with undercover officers or confidential informants. d. If a person reporting a crime or assisting with an investigation request to remain anonymous. e. During times of prolonged waiting absent contact with members of the public such as waiting for a tow truck, funeral home, or similar. f. Recordings are not expected during non-enforcement incident activities, e.g. foot or directed patrols. g. Recordings are not expected during operations such as routine regulatory functions – e.g. compliance checks. h. Recordings are not expected during the execution of a search warrant for evidence of child pornography where capturing recordings of such material and uploading them to a third-party vendor’s storage would constitute a crime. i. Recordings are not expected during transports conducted pursuant to a transport order or where a cruiser camera is enabled and captures the individual being recorded. j. Recordings should not be made to record personal activities such as meal breaks or conversations with other officers, supervisors, or staff outside of the scope of official duties. III. Prohibitions A. Officers shall, upon request of a victim of domestic or sexual violence, stop recording, provided the scene has been stabilized and made safe following initial response. Page 13 of 23 DD14.1 Page 5 of 10 Body Worn Camera Systems (Month Date, Year) B. Once a scene has been stabilized and made safe by law enforcement, recording shall stop for victims of domestic or sexual violence during interactions involving matters of safety planning or related to victim privacy. C. Officers shall not activate a BWC while on the grounds of any public, private or parochial elementary or secondary school, nor within a hospital or medical facility except when responding to an imminent threat to life or health or when a use of force is anticipated. 1. This prohibition does not prevent officers from using BWCs as recording devices as part of an investigatory interview in a private setting within a school or medical environment. D. Officers shall not use BWC technology to record for the sole purpose of gathering intelligence information on First Amendment protected activities such as speech, associations, or religion. 1. This shall not be construed to limit lawful use of BWC technology to record investigative encounters between an officer and a member of the public or activity that raises an articulable suspicion of on-going or imminent criminal conduct. E. Agencies shall not run recordings through facial recognition or automated analysis programs without appropriate judicial review, except for automated redaction processes which are not for the purpose of identification or comparison to any other source. F. Recording should resume as soon as any exception no longer exists. G. If an officer pauses or stops recording, or uses a mute feature, they shall document the reason for the termination or suspension of the recording. IV. REVIEW OF RECORDINGS A. Except as otherwise prohibited (see section B. below), an officer may review recordings prior to writing reports about incidents or arrests. B. In situations that result in an officer involved shooting, or death or serious bodily injury to a member of the public due to the actions of an officer, the officer shall not review any recordings or be provided an account of any recordings of the incident prior to being interviewed or writing a report, unless doing so is necessary, while in the field, to address an immediate threat to life or safety. C. See DD05 Statewide Policy on Police Use of Force - Appendix A for the post incident procedures following a lethal use of force incident. Page 14 of 23 DD14.1 Page 6 of 10 Body Worn Camera Systems (Month Date, Year) V. EQUIPMENT & TRAINING A. Prior to the start of each shift officers are responsible for checking their BWC equipment to ensure it is operational, fully charged and free of any defects. Officers shall report any malfunctioning equipment to a supervisor. The supervisor will assign the officer a replacement device and will report the date, time, and nature of the equipment malfunction to the Officer in Charge. 1. During interactions where there is an expectation that the body camera would be activated, an officer should periodically check the body camera to assess that it is functioning properly but only when safe to do so. B. In the event a BWC either fails to activate and begin recording or fails to cease recording, the officer will describe this, along with any additional relevant details, in their written report of the incident. C. Officers are responsible for categorizing each recording appropriately. The categories of files correspond to their retention period; therefore, officers must take extreme care to properly categorize each recording. Intentionally mis-categorizing recordings will result in appropriate corrective action. Recordings shall be categorized without unreasonable delay and within seven (7) days of the incident, absent supervisor’s approval. D. Officers shall transfer data from their assigned BWC to the agency’s storage as soon as practical, officers shall dock and download their assigned BWC at the end of each shift. E. Under no circumstances shall an officer erase, edit, alter, duplicate share or otherwise distribute any recordings on their device except as allowed by this policy. Only a system administrator is authorized to delete or edit files. Only designated staff are authorized to duplicate and distribute copies of recordings. F. Should any officer or employee fail to adhere to the recording requirements contained in this policy, intentionally interfere with a body camera’s ability to accurately capture video footage or otherwise manipulate the video footage captured by a body camera during or after its operation, appropriate disciplinary action shall be taken. G. The agency is responsible for providing training on the proper use of equipment to include the contents of this policy, instruction on the operation of the BWC technology, how and when to transfer files, proper identification and proper categorizing of recordings. H. The agency shall provide instructions to officers on how to report and replace malfunctioning equipment. I. Supervisors may review recordings of officers under their command for the purpose of ensuring compliance with established policies, verifying the equipment is functioning Page 15 of 23 DD14.1 Page 7 of 10 Body Worn Camera Systems (Month Date, Year) properly, identify any areas in which additional training or guidance is required and to identify material that would be appropriate for training. J. BPD employs Axon technology which has a “buffering” feature. This feature is set to record and retain the most recent 30 seconds of video prior to an officer’s activation of the BWC. Employees shall not operate BWC technology in “sleep mode” when operationally deployed – this feature defeats the “buffering” function. VI. STORAGE, RETENTION & RELEASE OF VIDEO EVIDENCE A. All recordings or files are the property of the Burlington Police and shall only be used for official purposes. B. All recordings shall be held in accordance with the State’s record retention act for law enforcement records. When appropriate and not exempt under 1 V.S.A. 317, recordings shall be released, or released with redaction, upon request to members of the public or media. C. Should any employee intentionally fail to adhere to the retention requirements contained in this policy, appropriate disciplinary action shall be taken. D. The agency shall make a good faith effort to locate recordings of interest to the public. If recordings exist of an interaction or event and that interaction or event is identified with reasonable specificity, the agency will make that recording(s) available for review or release consistent with 1 V.S.A. 317 and any other applicable records release schedule. E. Recordings shall not be divulged or used by any law enforcement agency for any commercial or other non-law enforcement purpose. F. In the event that the Burlington Police authorizes access to stored footage by a vendor such as a technician, information technology staff, etc. they shall not be permitted to access, view, copy, alter, or delete footage unless in accordance with this policy and at the express direction of the agency. G. The following retention guidelines are in addition to the requirements of the specific record schedule for this agency. When a BWC fails to capture some or all of the audio or video of an incident due to malfunction, displacement of camera, or any other cause, any audio or video footage that is captured shall be treated the same as any other recording as described in this policy. 1. Non-Event - 14 (fourteen) days - In instances where a body camera is activated mistakenly or for testing purposes and records no discernable human activity, such footage may be permanently deleted after 14 days. The time, date, length of recording, assigned body camera designator, and a brief summary of the image Page 16 of 23 DD14.1 Page 8 of 10 Body Worn Camera Systems (Month Date, Year) depicted shall be documented in some fashion by the law enforcement agency prior to permanent deletion. 2. CFS - Non-Criminal Incident - 90 (ninety) days - Recordings shall be retained for no less than ninety days if the recording captures an interaction or event involving: a. Response to calls for service where no enforcement action occurs; b. Police-public interactions that do not involve enforcement action, a search or seizure; c. Service of legal process. 3. Property intake/return – 3 (three) Years - Recordings shall be retained for no less than 3 (three) years with an interaction or event involving: a. Property intake/returns valued at over $100. b. Property intake/returns involving currency. 4. Field Detentions - 3 (three) years - Recordings shall be retained for no less than three (3) years if the recording captures an interaction or event involving: a. All detentions, to include incapacitated persons. b. traffic stops with no enforcement action taken beyond a written warning; c. traffic stops with enforcement action taken shall be kept until the civil case is closed; 5. Criminal Investigation / Arrest Use of Force 7 (seven) years – Recordings shall be retained for no less than seven (7) years if the recording captures an interaction or event involving: a. any use of force; b. Recordings related to misdemeanor arrests or non-violent felony arrests (or longer if the case is not resolved in this time frame); c. Records related to felony investigations 6. Indefinite / Manual Deletion - Recording related to the following will be retained indefinitely and require manual deletion: Page 17 of 23 DD14.1 Page 9 of 10 Body Worn Camera Systems (Month Date, Year) a. Use of force incidents resulting in injury or allegation of injury; b. Use of force involving the use of lethal force or those which result in serious bodily injury of a person; c. Major incidents such as mass arrests; d. Offenses listed under 33 V.S.A. § 5204(a); e. Homicide cases f. Active missing persons cases. H. The following categories will be used in AXON under the above-described retention periods. 1. Non-event - 14 Days 2. CFS- Non-Criminal Incident - 90 days 3. Property- 3 years 3. Traffic Stops/Field Detention/INCAP - 3 years 4. Criminal Investigation/Arrests/UOF - 7 years 5. Offenses listed under 33 V.S.A. § 5204(a)- Indefinite/manual deletion 6. Use of Force Incidents with Injury- Indefinite/manual deletion 7. OIS/Major Incident- Indefinite/manual deletion I. Whenever an officer equipped with a BWC is involved in, a witness to, or within audio or sight range of a police use of force that results in a death or serious bodily injury including discharge of a firearm for other than humane destruction of an animal, or when any officer conduct becomes the subject of a criminal investigation: 1. Such officer’s BWC shall be immediately seized by the officer’s agency or department, or the agency or department conducting the related criminal investigation, and maintained in accordance with the rules governing the preservation of evidence; 2. All files on the seized camera(s) shall be maintained in accordance with the rules governing the preservation of evidence; and 3. The procedure referenced in DD05 Appendix A “Lethal force post-incident procedures and statewide policy on review of BWC recordings following lethal force incidents”. J. BWC footage may only be offered as evidence by any government entity, agency, department or prosecutorial office, in accordance with established rules of evidence. Page 18 of 23 DD14.1 Page 10 of 10 Body Worn Camera Systems (Month Date, Year) K. Whenever doing so is necessary to protect personal privacy, the right to a fair trial, the identity of a confidential source or crime victim, or the life or physical safety of any person appearing in video footage, redaction technology may be used to obscure the face and other personally identifying characteristics of that person, including the tone of the person’s voice, provided the redaction does not interfere with a viewer’s ability to fully ,completely, and accurately comprehend the events captured on the video footage. L. Nothing in this section shall be read to contravene any laws governing the maintenance, production, and destruction of evidence in criminal investigations and prosecutions. M. This policy is publicly available on the City of Burlington Police Department website. Reviewed and adopted by the Burlington Police Commission on Month Date, Year. __________________________________ _Month Date, Year_ Shawn Burke, Interim Chief of Police Effective Date ### Page 19 of 23 August 22nd, 2025 Chief’s Report – Burlington Police Commission Operations: The department has continued to maintain strong focus on the downtown area as City Hall Park and the areas directly adjacent have been persistently challenging – open drug use, mental health crisis, and other disorder. The community has been very receptive to the department’s efforts but the underlying cause of much of the disorder remains to be individuals with unmet social service needs who are treatment or service resistant - enforcement alone will not be effective. During a recent town hall meeting with the business community there was sharp criticism of the public safety strategy citing that although officer presence has increased, little is being done toward enforcing laws and ordinances. It is important to recognize that Community Service Officers (CSOs) are part of the downtown public safety strategy. CSOs can enforce City ordinance violations but lack the authority to detain and identify individuals who are non-compliant. CSOs do not have the authority to enforce State statutes. The CSOs are a vital part of our team but this limitation highlights the Page 20 of 23 need for additional sworn officers. Burlington PD arrest data in the downtown patrol district is reflected here: The Situation Table has continued the work of coordinating service providers to intersect with those at acute elevated risk. To date the Table has addressed 12 “situations” which has proven effective in terms of short term intervention. The data team will be drilling down on the outcomes to better understand how the Table’s work is affecting at risk community members in the longer term, e.g. is there a reduction in their reliance on Burlington public safety resources. Ideally, the work of the table in concert with our deterrence and enforcement efforts will aid in reestablishing the behavioral norms of downtown. High Profile Incidents: Detectives are actively investigating two high profile crimes which occurred in the downtown patrol area. The first being an assault of a male subject who later died. This investigation remains active and in partnership with the Chittenden County State Attorney’s Office. The involved persons were known to one another and party to a dispute – there is no greater risk posed to the community. The second incident involved a fight outside of a downtown nightclub. A subject involved in a large fight produced a firearm, struck another combatant in the head with it before firing in the Page 21 of 23 air. Detectives are working with multiple witnesses and sources of video evidence to identify the subject who was responsible for the assault and discharge of the firearm. Personnel: Since June 1st, 2025, the department has received 22 applications for the position of police officer — an encouraging sign of interest in joining the Burlington Police Department. The Training and Recruitment Team has been especially active this summer, attending in- person recruiting events at Lake Monsters games and, starting today, at the Champlain Valley Fair. Behind the scenes, Shannon has been leading our efforts to enhance the department’s social media presence. Her work is coming together well as we focus on reaching our goal of hiring four recruits for the February academy class. Recently, I had the opportunity to meet with two local men who expressed interest in joining the department. I spent time with each of them, provided an overview of our work, gave them a tour of the facility, and coordinated upcoming ride-alongs with our team. This kind of proactive, personalized recruitment is exactly what we need to move forward, we can no longer afford to wait passively for applicants to come to us. Lastly, our recruit officer is performing well at the Vermont Police Academy and remains on track to complete the academy phase of their career in November 2025. Policy / Direction - The department is working on the following initiatives: • Written guidance as to incidents Street Outreach and Community Support Liaisons (CSLs) will be the primary responders to. • Launching a web based policy management software application. • Continued improvements to the Police Department web site. • Leveraging data when making operational and fiscal decisions. • Policy development to bring the department into full compliance with state models / mandates. Page 22 of 23  COMMENDATIONS RECEIVED FROM THE PUBLIC July 2025 #1 Hi, my name is Shelly and with ** and I would just like to tell you, you have an amazing person on your staff, Brigid. I've worked with Brigid before but today she really helped me out. She really knows how to communicate with people, she knows what human lives are about, and you have an amazing person. She is wonderful so please keep her on your team and I want to say thank you very much. You people are always helpful and you're always there for us. Thank you. **redacted for privacy. ### Page 23 of 23