State v. Curley-Egan

2006 VT 95, 910 A.2d 200, 180 Vt. 305, 2006 Vt. LEXIS 180
CourtSupreme Court of Vermont
DecidedSeptember 1, 2006
Docket05-492
StatusPublished
Cited by4 cases

This text of 2006 VT 95 (State v. Curley-Egan) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Curley-Egan, 2006 VT 95, 910 A.2d 200, 180 Vt. 305, 2006 Vt. LEXIS 180 (Vt. 2006).

Opinion

Skoglund, J.

¶ 1. This case requires us to determine whether 16 V.S.A. § 2283, the statute empowering the trustees of the University of Vermont and State Agricultural College (UVM) to create a police force, is a valid, constitutional delegation of police power. The district court concluded that it was not and granted defendant’s motion to suppress evidence of a roadside stop made by a UVM police officer as well as defendant’s motions to dismiss the Driving Under the Influence charge and civil suspension proceeding that resulted from the stop. We hold that §2283 is a proper delegation of police power and reverse the decision of the district court.

¶ 2. The statute empowers the UVM Board of Trustees to “establish a department of police services and authorize the appointment thereto of police officers and a director of the department who shall be a police officer.” 16 V.S.A. § 2283(a). UVM police officers “shall have all law enforcement powers provided by section 1935 of Title 24.” Id. That statute empowers municipal police officers. 24 V.S.A. § 1935. All police officers must swear an oath, id., complete law enforcement officer training in conformity with chapter 151 of Title 20, id. § 2283(b), and UVM officers must be employed in good standing by the university. Id. § 2283(c). Finally, the statute establishes a complaint procedure:

Upon written complaint of misconduct by one or more persons concerning any police officer appointed under this section, the director of the department shall cause an investigation to be conducted in a manner consistent with the policies and procedures established by the board of trustees or its duly authorized representative for such purposes. The complainant may appeal the final action of the department to the president of the University of Vermont, who shall convene an advisory commission consisting of three persons, no more than one of whom has a direct or indirect university affiliation. The advisory commission shall provide advice and counsel to the president in assuring appropriate final disposition of the complaint.

Id. § 2283(d).

*308 ¶ 3. The facts underlying the charges are not in dispute. At approximately 1:15 a.m. on May 7, 2005, a UVM police officer was driving north on South Prospect Street in Burlington and saw a vehicle driving in the southbound lane with only one headlight. The officer turned around and followed the vehicle onto Cliff Street and stopped the vehicle after it turned left onto Summit Street. All of these streets lie outside UVM’s property boundaries.

¶ 4. The officer found defendant behind the wheel. The officer noticed that defendant’s eyes were watery and bloodshot and that his speech was slurred. The officer also observed an alcohol container behind the passenger seat. Defendant had difficulty exiting the vehicle and stood with a slight sway. He also showed signs of intoxication while performing field sobriety tests. After refusing a preliminary breath test, defendant was arrested. Defendant identified himself with a Massachusetts driver’s license and gave a current address of “410 Wilkes Hall, UVM.”

¶ 5. Defendant was charged with a DUI violation under 23 V.S.A § 1201(a)(2), and the Commissioner of Motor Vehicles suspended his license under 23 V.S.A § 1205. Defendant moved to dismiss the case or, in the alternative, to suppress all evidence stemming from the stop, arguing that the operation of the UVM police department is unconstitutional. He reasoned that the department is a private entity not exclusively governed by the people or their legal representatives as required for valid police authority under Chapter I, Article 5 of the Vermont Constitution.

¶ 6. The district court agreed and granted defendant’s motion. The court began its legal analysis by observing that “[t]he only state supervision [of UVM police officers] arises from the initial training and certification.” The court focused on “the private status of the supervisors” of the UVM police department, namely, the UVM Board of Trustees, stressing that “[n]one of the Board of Trustees ... must answer to an electorate made up of all those subject to the police jurisdiction.” It then reasoned that although the Legislature could properly delegate to UVM the authority to create a police force to serve the campus community, it is a “much different situation” when UVM police jurisdiction extends “beyond the real property boundaries of the University to encompass private citizens not otherwise connected to jihe University or to its educational functions.” The court also was concerned that a citizen would have no remedy for UVM police misconduct other than under 16 V.S.A § 2283(d), which establishes only internal complaint and appeal procedures;

*309 ¶ 7. As a result of the above analysis, the district court interpreted Article 5’s requirement that the people, “by their legal representatives, have the sole, inherent, and exclusive right of governing and regulating the internal police,” as requiring direct oversight of the UVM police force by elected officials. Vt. Const, ch. I, art. 5. Thus, the court concluded, by giving the UVM police jurisdiction to arrest a person unaffiliated with UVM on a city street outside UVM’s property, § 2283 creates a police force lacking “accountability to the legal representatives of this state” in violation of Chapter 1, Article 5 of the Vermont Constitution.

¶ 8. The State appealed, and UVM was permitted to appear as amicus curiae. The State and UVM argue that the court erred by characterizing UVM as a private entity and by interpreting Chapter I, Article 5 as requiring control by elected officials. In their view, UVM is a sufficiently public institution, and the UVM charter vests the Legislature with sufficient authority over UVM to satisfy Chapter I, Article 5. In response, defendant reiterates the core argument he made before the district court, which also formed the heart of the court’s reasoning: because UVM is not a sovereign entity it is not a proper delegee of police power, and, therefore, § 2283 delegates police power beyond the control of the people and their legal representatives, in violation of Chapter I, Article 5. Defendant also posits that if UVM functions as a public entity, it does so only when pursuing its core educational purpose, which does not include operating a police force. Finally, defendant asserts that § 2283 is invalid because it allocates statewide jurisdiction to the UVM police department. We reject defendant’s arguments and agree with the State and UVM that the Legislature properly delegated to UVM the authority to create and operate its police department. Accordingly, we reverse.

I.

¶ 9. Before assessing the propriety of § 2283, we review the contours of the police power as articulated in our past decisions. The police power has long been understood to encompass “the general power of the legislative branch to enact laws for the common good of all the people.” State v. Theriault, 70 Vt. 617, 625, 41 A. 1030, 1033 (1898).

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Cite This Page — Counsel Stack

Bluebook (online)
2006 VT 95, 910 A.2d 200, 180 Vt. 305, 2006 Vt. LEXIS 180, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-curley-egan-vt-2006.