Tempest in Killington’s teapot / Killington police chief still not level III trained

Mountain Times

August 10, 2016

Dear Editor,

In response to the Rutland Herald’s article of Aug. 4, 2016, “Killington police chief still not level III trained”[article below]: this is a “tempest in a teapot". I, for one, have advocated and lobbied for an increased public safety budget in Killington to increase the police presence in town due to the frequent break-ins in this community. Presence means officers out there patrolling and being visible so as to deter would-be lawbreakers. Given this context, taking Montgomery off the streets for four months, a third of a year, is ludicrous.

As I understand it, Montgomery enrolled and was well into the certification training when he became ill and had to suspend the balance of the training. He requested to re-enroll in the training where he left off and was denied, being told he would have to start at the beginning. I don’t recall how far he was into the training, but from what I do recall it was well beyond the halfway point.

I don’t know how the level three training works so don’t understand why it can’t be picked where he left off. A large part of this course is basic training boot camp—physical training—not investigating crime which seems to be the big deal with the level three certification.

I don’t think taking Montgomery off the streets for another four months while paying him that $46,837 salary and paying for another training makes any sense practically, logistically or financially for the town.

If he has the equivalent training and has limited, if any, involvement in the more serious crimes which require level three training, what is the point of demanding he go through the certification process. In fact, I’d rather other agencies with the resources spend their time investigating these “level three” crimes and have Montgomery making his presence felt on the streets. In fact that is exactly why I lobbied for an increased police budget in the first place!

Vito Rasenas, Killington

Killington police chief still not level III trained
Rutland Herald

By Lola Duffort

STAFF WRITER | August 04,2016

KILLINGTON — The Vermont Police Academy began level III training this week, but the town’s police chief once again won’t be in class.

Robert “Whit” Montgomery was named the Killington first police chief in 2013 on the condition that he eventually receive level III training, or full-time certification, from the Vermont Police Academy.

But that requirement might not still apply, according to town officials.

“Separate from your inquiry, we have researched his training, and his training exceeds, far and away, the minimum standards and we are researching avenues for that to be formally acknowledged,” Town Manager Deborah Schwartz said last week.

Select Board Chairwoman Patty McGrath said Wednesday the town was now looking into getting Montgomery a level III certification through the Police Academy’s waiver process, which lets police recruits skip the four-month residential training. McGrath said she wasn’t sure it would apply to Montgomery’s case, but online research appeared to indicate it would.

“That looks to be the best course of action to upgrade everything and still serve the town in the best way possible, and be fair to Whit considering all the certifications that he already has,” she said.

McGrath couldn’t say whether or not the town would require Montgomery to go through training if the waiver didn’t work out.

“I can’t answer a question about a bridge we haven’t gotten to,” she said.

But town officials will soon have to cross that bridge. That waiver process almost certainly doesn’t apply in Montgomery’s case, according to Police Academy Director of Training Cindy Taylor-Patch.

“It’s for folks that were equivalently trained in another state,” she said. A graduate of Sherburne Elementary and Woodstock Union High, Montgomery has worked in Vermont his entire career.

A level II officer, Montgomery can only investigate certain, typically more minor crimes — like municipal ordinance violations, drug possession (but not sale), domestic assault and disorderly conduct. Montgomery’s level of training previously restricted him to working a maximum 32 hours a week on policing, but legislation that went into effect last year lifted the time restriction tied to level II certification and implemented restrictions on enforcement authority.

The 20-year law enforcement veteran can legally intervene in an emergency situation in which a crime outside his scope of practice is taking place, but must then call another law enforcement agency or appropriately certified officer to take over the case.

Montgomery was a key figure in the push to create a police department in the town, which previously worked under a constable system. The ski town only has a year-round population of about 800, but can see up to 20,000 people on a busy weekend.

He would not respond to questions about why he had not re-taken training or whether he planned to do so in the future, saying only that it was not his decision to make.

“I report to Debbie and will do what the town manager requires of me to do,” he wrote in an email.

Vermont Criminal Justice Training Council Executive Director Richard Gauthier said Friday Montgomery had submitted an application to the council that Thursday for level II-Enhanced certification, which “was designed to recognize those officers who have been doing the job full time for a lot of years.”

Level II-E certification would expand Montgomery’s scope of practice to such crimes as burglary, robbery, selling drugs and aggravated assault. The most serious offences, such as sexual assault and homicide, would remain outside his purview.

Montgomery enrolled in level III training last year at the academy but dropped out, he said, after getting sick with the flu. He told the Vermont Standard in March 2015 that he intended to go back, but that his lack of training wouldn’t impede his role as police chief.

“The things I’m not authorized to do without the certification are things we don’t do anyway, like homicides. Anything like that we automatically call in the (Vermont) State Police because they have the resources to handle it, the labs, the investigators, the manpower. I’ll just be doing what I’ve been doing for 16 years, and when I get the certificate, I’ll be doing pretty much the same thing,” he said at the time.

Montgomery’s salary this year is $46,837, according to the 2015 Town Report.

The Killington Police Department can still technically investigate cases outside Montgomery’s scope of practice, so long as a level-III trained officer is in charge of the case. Jay Riehl, who works part-time for the department, has that training.

So does Donald Brent Howard, who was the town’s only other full-time officer — until late July.

Town officials announced Howard’s hiring in November 2015, but he was no longer with the department as of late last month, according the Vermont Criminal Justice Training Council, which receives notifications of where officers are hired. Town officials declined to say why Howard had left, saying it was a personnel matter.

Schwartz could not say whether or not the town would look for a replacement.

Reached at home last week, Howard declined to comment as well.

Police chiefs who are not level III trained are rare but not unheard of, Taylor-Patch said.

“Fairlee, Mount Tabor and Royalton have created police departments and essentially refer to their constable as chief. Same thing with Montgomery in Killington,” she said in an email.

Level III training is offered twice a year, beginning in February and August. It lasts four months, with weekends off. The state will cover the cost of the training itself, but the town is responsible for paying a recruit’s salary during that time period.

Gauthier called level III training the “gold standard.” But he said he understood why some towns didn’t think they could afford the time commitment.

“If the town of Killington takes a look at what a level II or level II-E can do, and decides that’s all they want their police department doing anyway, then that’s their decision as a community,” he said.

lola.duffort @rutlandherald.com