Public Reform

Public Reform

In recent years, Vermont has seen an intensifying conversation around police accountability, particularly in Burlington, where citizens and non-citizens alike recently voted to pass a charter amendment establishing a civilian oversight panel for the police department. This amendment grants citizens the power to review and, in some cases, discipline officers. While civilian oversight can help build community trust, there’s a glaring gap in the discussion: a lack of public accountability in addressing aggressive or unlawful behaviors that contribute to police interactions. This is compounded by a shortage of data and understanding about the risks faced by law enforcement officers in Vermont. With Vermont ranking highest in the nation for workplace violence, there is a clear need for a balanced approach to reform that recognizes the realities of policing and calls for public accountability as well.

Vermont’s Top Rank in Workplace Violence and Drug Use

According to the Bureau of Labor Statistics (BLS), Vermont ranks first in the U.S. for workplace violence, with an annualized incidence rate of 7.8 cases per 10,000 workers, significantly higher than states like Arkansas and Nebraska, which report rates of 1.4 per 10,000. This troubling trend toward aggression and hostility in Vermont’s public spaces is further complicated by the state’s high rates of substance use and addiction. Vermont’s illicit drug use rate stands at 15.5%, nearly double the national average of 8.2%, and its substance use disorder rate is 21%, compared to the national average of 14.7%, according to the Addiction Group.

Opioid-related deaths in Vermont rose by 10% in 2022, with a rate of 37 deaths per 100,000 residents, compared to the national average of 21.6, as reported by the Vermont Department of Health. These substance use issues contribute to volatile behavior in public spaces, creating an environment in which officers face elevated risks. In light of these alarming statistics, asking law enforcement to bear the brunt of de-escalation responsibility, while facing a highly unpredictable and, in many cases, increasingly violent public, raises questions about the fairness and feasibility of recent reforms.

Uneven Responses to Police and Healthcare Worker Incidents

A closer look at how incidents of force have been handled across sectors reveals an inconsistency in public reaction and scrutiny. In recent years, Burlington has had two high-profile excessive force cases involving police officers, both leading to lawsuits and financial settlements from the city. In one case, the city paid $750,000 to settle allegations of excessive force by an officer during a 2018 incident, according to AP News. Another case, settled for $215,000, involved a 2018 incident where another officer allegedly used force that left a man unconscious, as covered by Seven Days Vermont.

Similarly, Vermont’s healthcare sector has had two notable cases in which patients alleged excessive force by hospital staff. One such case involved the Brattleboro Retreat, where staff were accused of using unnecessary force on a patient during a restraint. However, these cases received far less attention and sparked no significant policy changes.

This disparity in response raises questions about why frontline workers in law enforcement are held to different standards of accountability than those in healthcare, despite both facing similar high-stress, unpredictable environments and both encountering aggressive individuals, sometimes under the influence or in crisis.

The Data Gap in Policymaking and the Impact of Media Bias

Despite the critical role data should play in public policy, Vermont lacks comprehensive, localized statistics on law enforcement officer injuries, assaults, and other risks officers face. According to the FBI’s Law Enforcement Officers Killed and Assaulted (LEOKA) report, there were 79,091 assaults on officers in 2023, with a 33.7% injury rate. While these national figures underscore the dangers of police work, Vermont-specific data is unavailable, leaving policymakers without a full understanding of the hazards officers face daily.

Media coverage often reinforces a one-sided view, framing law enforcement as needing constant reform and oversight while leaving public behavior largely unexamined. This selective focus implies that the responsibility for peaceful outcomes lies solely with police, even when they encounter increasingly violent and unpredictable individuals. Policymakers echo this bias, emphasizing reforms aimed solely at police actions without considering the broader issue of public behavior. With Vermont ranking first in workplace violence, ignoring public accountability in the reform process is a significant oversight that risks creating an even more hostile work environment for officers.

Public Accountability: A Missing Piece in Vermont’s Reform

The lack of public accountability is a missing piece in Vermont’s approach to police reform. If first responders in Vermont are dealing with a violent, unpredictable public, expecting them to absorb the full responsibility for de-escalation and restraint is both unrealistic and unfair. Police officers, like healthcare workers, face daily risks from individuals who may be violent, aggressive, or impaired. The failure to recognize and address the public’s role in these interactions creates an environment where officers are held to standards that do not consider the volatility of their encounters.

Before Burlington or other Vermont municipalities move forward with additional oversight measures, they would do well to collect comprehensive data on public behavior, police injuries, and other contributing factors. In light of Vermont’s high rates of drug abuse and workplace violence, it’s evident that community behavior plays a substantial role in creating a safe or hostile environment for first responders.

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Considering a Class-Action Response

If Vermont’s current approach to reform continues, one might question whether law enforcement officers could make a case for a class-action lawsuit, arguing that municipal policies have created a hostile work environment. In most professions, employees who are subject to constant scrutiny, frequent aggression, and environments that fail to address external threats to their safety would have grounds for workplace protections. A class-action lawsuit could highlight the potential dangers of implementing policies without considering the realities of the job or the accountability of the public. Such a case would emphasize the importance of a balanced reform approach—one that protects law enforcement officers and ensures their safety is a priority.

Moving Forward with Balanced, Data-Driven Reform

For meaningful reform, Burlington and other Vermont communities should first collect comprehensive data on police injuries, assaults, and public behaviors contributing to hostile encounters. With Vermont’s troubling workplace violence ranking and significant substance abuse issues, it’s clear that the challenges officers face are not solely of their own making. Reform should be driven by Vermont-specific data, including mechanisms for public accountability. Both police and the public must contribute to creating safe and respectful interactions.

Without comprehensive data, Vermont risks creating policies that disproportionately burden law enforcement while leaving the public’s role unexamined. Implementing reforms that require officers to de-escalate while facing an increasingly violent population may not only be ineffective but may also put officers at greater risk.

Conclusion

The harsh reality is that Vermont officers, shockingly, work in one of the nation’s most violent environments. A call for public reform—one that emphasizes the public’s role in maintaining safe, respectful interactions—is essential. To achieve meaningful progress, Vermont must adopt a balanced approach that recognizes the role of both law enforcement and the public in creating safe communities.

Beyond reform, Vermont prosecutors and courts should also play a crucial role in holding individuals accountable for behaviors that contribute to hostile environments. By enforcing existing laws around assaults, harassment, and aggression, and by addressing violent conduct decisively, Vermont’s legal system can reinforce the importance of public responsibility. When both law enforcement and the public are held accountable for their roles in community safety, Vermont can foster an environment that truly values the well-being and respect of all its residents, including those on the front lines.

Dave Soulia | FYIVT

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