To Ensure Justice, Police Departments and Local News Must Stop Publicly Shaming

No one wants their photo taken and shared around the internet on the worst day of their life, yet Vermont police departments, with the assistance of local Vermont media, do just that by publishing the mugshots of arrestees.

It is good for police departments to share data and news of the work they are doing and for the press to keep citizens informed. Too often however, departments publish official press releases with the photographs of arrested individuals and a story, often reprinted by local media, that solidifies a narrative of criminality that will follow and tar these individuals forever. No matter the intent, the impact is one of public shaming and ostracizing.

Several years ago leaders in South Burlington recognized the harms of public shaming. Then-Chief Whipple decided to end his department’s practice of publishing mugshots on social media. He noted that there was often “a flurry of inappropriate comments,” and that the pictures could prevent a person from successfully completing rehabilitation and reintegrating into the community.

Published mugshots make it harder for our criminal justice system to successfully function. Innocent Vermonters, wrongfully or mistakenly arrested, have their lives and reputations ruined. For those who are charged with crimes they committed, shared mugshots make it more difficult for people to see themselves as having value and potential, all while making it harder for them to secure stable employment and housing, increasing the likelihood that recidivism will occur. Some companies, recognizing how much damage mugshots can cause, have even begun to extort arrestees, demanding payment to remove mugshots from their companies’ websites.

The police and press can inform the public without public shaming, creating policies that ensure equal treatment for all parties. Ideally, any policy would address social media publications and cover the following subjects at a minimum:

  • When (if ever) will pictures of arrested and/or convicted people be published, and how long will they remain up for.
  • What will be done if this arrested or convicted person is found innocent or is charged with a lesser crime.
  • How (and if) comment sections will be monitored.
  • If social media posts will be shareable.

Surprisingly, very few organizations in the state of Vermont have written policies on mugshots or other forms of public shaming. All of our police departments and our press could take a positive step, exemplifying Vermont values of compassion and justice, by developing policies that prevent public shaming and contribute to building stronger Vermont communities through rehabilitation and restorative justice.

Who Does Chief del Pozo Serve and Protect?

Del Pozo has a history of acting as both a police chief and a judge, inserting himself into private citizens’ and other officials’ jurisdiction through the media and social media, while also erratically choosing if, when, and how much, public information will be shared. The recent police altercation with Burlington 16-year-old Phin Brown is especially telling of the Chief’s impulsiveness and need to stay in the limelight, while also highlighting the trouble he has separating his personal feelings from his professional work. Del Pozo’s social media presence revolves not around transparency, justice, or community policing, but rather around boosting and protecting his personal profile and narrative.

Del Pozo’s checkered social media presence goes back to at least the summer of 2017, when former Burlington City Councilor Bedrosian brought a complaint to the city council regarding inappropriate messaging from del Pozo. The concerns eventually even made its way into Seven Days, but his behavior has never corrected.

The confusion around del Pozo’s social media presence is that his public persona is so intertwined with the Burlington Police Department’s social media that it’s often hard to tell where del Pozo begins and the department ends. He seems to decide whether he is representing himself or the department in any given situation not based on any consistent or transparent system, but rather by what will serve him best.

Phin Brown’s complaint against Burlington police officers, and del Pozo’s reaction to that complaint, highlight this increasingly problematic dynamic. It’s not just del Pozo’s unwillingness to even entertain meaningful oversight over himself or his department, but his total inability, while expecting everyone else involved in the criminal justice system, to accept personal responsibility and do reparative work.

In fact del Pozo’s inability to take responsibility was front and center during Phin Brown’s media storm. Not only did del Pozo release private information about a minor, but according to VTDigger, he also stated,

“I don’t have the authority or role of analyzing or intervening or opinion-ing on Secret Service operations,” del Pozo said. “I urge people to ask the Secret Service for an account of what they’ve done and reconcile it with the concerns of the citizen.”

Yet when it serves del Pozo’s narrative, he has no problem commenting on other law enforcement and their operations. For example,

On top of this, Del Pozo seems to believe in transparency only when he can control both the narrative and outcome, which is why he repeatedly aired private information about Phin Brown, a minor. More examples include:

In each instance del Pozo made a unilateral choice not connected to department values, but rather to his public persona and personal feelings. This behavior is concerning because laws and policies should be applied equally and evenly, democratically overseen by a group of elected citizens, not decided by a single person who has a personal stake and very public reputation in each outcome. We need a police chief who is a public servant invested in the entire community, not a chief who acts more like a politician always looking for positive press and public accolades.

Who does Chief del Pozo protect and serve? Himself.

Does Vermont Weatherization Program Hurt Low Income Renters?

Recently the Vermont legislature voted to raise the tax on heating oil a modest amount to help fund the state’s weatherization program. While the tax comes from good intentions, the program in practice will be taking money from low-income renters and giving that money to low-income homeowners and wealthier, often absentee, landlords.

The weatherization program, along with the federally funded Burlington Lead Program, have similar successes and challenges. Any Vermonter making less than 80% Area Median Income (AMI) can have the state help pay to insulate their house and lower heating bills. That’s good for low-income homeowners, since most low-income Vermonters cannot afford such improvements to their housing.

However, the program also applies to renters making less than 80% AMI, and it is not clear if these improvement help low-income tenants in perpetuity. Like the state’s ‘business incentive program’, while there are quality control oversights, there are no clear benchmarks that landlords must follow, no maximum rent restrictions after they have completed the work, and it’s not clear if there is any organization keeping track of what happens to low-income renters after improvements have been made to make sure landlords don’t see them as a free investment.

Landlords get free repairs and investment in their private business from the government, upwards of $8,000 per unit, with few strings attached. On top of this, the program only requires for multi-unit buildings that 25% of tenants are low income or 50% of the units are rented at 80% AMI. Rent stabilization is required if a landlord has a lien on it, but the stabilization only lasts one year. Rent stabilization is also required if the repairs cost more than the total savings, but there is no publicly available data to know if these actually happen, how often, and how long.

While weatherization and other programs help low-income homeowners, there needs to be more oversight to ensure that wealthier landlords, especially negligent and absentee slumlords, do not get this money with few strings attached. There needs to be guarantees that landlords cannot raise rents post-weatherization or evict tenants ‘by right’. There also needs to be a mechanism to fine absentee landlords who won’t weatherize their units to the detriment of their tenants. Until then, this program, especially considering the new funding source, will likely hurt low-income renters at the expense of wealthier landlords.

The Downtown Improvement District Exposed Burlington’s Pathetic Public Processes

(You Can Read More About the Downtown Improvement District and Burlington Business Association here.)

When local government thinks and act like a business, everyone but business owners and landlords lose. Burlington’s Downtown Improvement District (DID) process shows that while ‘stakeholders’ and self-selecting and unscientific ‘focus groups’ may work for businesses, they are quite useless and even harmful for effective, local democratic government. Lousy and rushed public processes have become a hallmark of Burlington’s Weinberger administration, and the DID process was the ugliest process yet.

Just take a look at the list of stakeholders included in the 38+ person PUMA focus groups to see how these meetings were made up of predetermined interest groups, not a cross section of local residents. PUMA met with ‘stakeholders’, interest groups with power or influence in a system, while obviously excluding more marginalized and disconnected citizens.

Even the online survey was heavily skewed towards native-English speakers with high levels of wealth. DID supporters, including the Burlington Business Association, who sent out the RFP for the survey in a clear conflict of interest and blurring of government and business lobbying, touted this flawed focus group and survey as evidence of mass public support for a new business district. Yet there is absolutely no evidence that the 1,143 survey respondents, the bulk of collected ‘public’ opinion, were even asked if they supported a Downtown Improvement District.

The survey respondents were far, far wealthier and much, much older than the average Burlington resident. Those making over $100,000+ a year were over-represented by 20%, while those making under $50,000 a year, half of all Burlington residents, were under-represented by 33%. Young adults were under-represented by 31%.

” Mayor Weinberger, speaking at the Democrats’ party, said the DID expansion proposal marked a “very big change” that voters weren’t ready for. He said the authorization request left many details to be ironed out later, which made it hard to quell voters’ doubts. ” – Seven Days

The Downtown Improvement District is another in a long line of ‘public’ processes with very limited participation and predetermined outcomes. These processes are pinned on a series of lies that are designed to give the appearance of collaborative and inclusive democracy, while bowing to wealthy business and real estate interests. These lies further erode trust in our local government, further depresses daily civic participation, and leaves residents feeling powerless and disconnected from their own community.

Tax Increment Financing (TIF) offers False and Flimsy Promises

The city of Burlington loves Tax Increment Financing (TIFs) – whether it be for the Moran Plant, waterfront improvements, the mall redevelopment, or the nontransparent private marina process – even though TIFs are seriously flawed. TIFs are sold on flimsy and false promises – from helping low income communities to boosting the economy when it wouldn’t have been boosted otherwise. On top of this, TIFs in practice are undemocratic. Politicians will ask voters to approve a supposed done deal but they often amount to a blank check finalized behind closed doors by a select few. It’s time to end TIFs and invest public funds in low-income communities.

TIFs are districts where cities can ‘leverage’ private investment by borrowing on future property value increases. While there may be some benefits, those benefits are unproven and do not outweigh the many many downsides to TIFs.

The 6 problems with TIFs:

  1. Once you vote on the idea, you don’t get to choose the final product even if the final product is drastically different than the initial idea. See: private marina, mall redevelopment, City Hall Park.
  2. Since the goal line on TIF projects always changes, it’s impossible to hold elected officials responsible for failing to act on their words. For example, first the $20 million mall TIF would buy a couple streets and fix streets around the mall, but in the final weeks before the vote it included fixing an additional two streets to get voters to approve it.
  3. While TIF money may have originally been used to help struggling downtowns, it is now used in mainly wealthy downtowns to improve infrastructure for wealthy land owners. For example, the mall is owned by a multi-billion dollar investment company but supposedly wouldn’t build this project unless taxpayers gave them 9% of their funding costs for free. TIF money never seems to be used for programs to support those in poverty, like funding new low-income housing.
  4. TIFs hurts our public schools by taking desperately-needed millions out of the education fund for 20+ years, as TIFs money is split 75/25 education fund and general fund. The money used to improve our downtown never reaches Burlington’s low income children.
  5. TIFs raise rents and cost of living for everyone else by accelerating property values in urban areas past typical levels of inflation. They, like Downtown Improvement Districts, lead to accelerated gentrification.
  6. TIFs are sold as being integral to spurring new development, but are based on a false and unproven assumption that the development wouldn’t have occurred ‘but for’ TIF money. In fact, the ‘but for’ clause means ‘but for that specific design/development plan’. So we have no way of knowing if some level of development would have occurred regardless. Vermont State Auditor Doug Hoffer has made is clear that this ‘but for’ clause is impossible to prove or audit.

The reality is that MANY people, when they vote for TIF, they vote for a specific project without realizing they’re writing a blank check for politicians who may be more interested in making wealthy interests and donors happy over ensuring the community meets everybody’s needs.

In the end, TIF money gambles on the future with little oversight or proof of its effectiveness. It takes badly needed property tax revenue, money that our schools desperately need, and gives it to investors so that they can boost their profits and wealth for the next 20 years while taxpayers pick up the tab. It’s time to end TIFs and fund local government through taxes, and if necessary, bonds.

UVM and Champlain College’s Admission Process Is Fueling Burlington’s Gentrification

UVM and Champlain College have a lot of power in shaping our community, in both positive and negative ways. We often hear about how 40% of UVM’s students living off campus increases non-students’ housing costs, and I’ve written about how as two of the city’s largest landlords with a captured client base, their exorbitant room and board costs likely distort rents citywide. There’s a third way that UVM and Champlain College contribute to Burlington’s gentrification, and that’s their admissions processes which are highly geared towards very wealthy families.

Thanks to the New York Times we can see a snapshot of UVM and Champlain College students’ economic backgrounds and how they compare to Burlington’s residents in 2016. Both schools have high rates of students from very wealthy backgrounds and low rates of students from very poor backgrounds, particularly when compared to Burlington residents. The median college student family is nearly 3 times as wealthy as the median Burlington family.

According to their data, not only are more than half of UVM and Champlain students from the top 20% wealthiest families, but only 4%-6% of students came from the bottom 20%. College students in Burlington are wealthy at 3 times the rate that Burlington residents are, while Burlington residents have 5-8 times higher rates of poverty than college students in Burlington.

These schools function less like educational institutions striving towards equity and more like businesses trying to maximize profits and growth. That’s the reason students and faculty are fighting against the administrations’ cuts to programs that aren’t ‘making money’.

More students come from families making $2.2 million a year than families making under $22,800 a year. A full 8,000 students come from families wealthier than 82% of all Burlington households.

NYTimes data shows that the trend of students coming from families much wealthier than Burlington residents has been consistent or increasing for decades. While UVM has become slightly less accessible since the early 2000s, Champlain College has catered towards significantly wealthier students and is their student body is now comparable to UVM’s.

How does an admissions process that caters to wealthy students effect low and moderate income Burlington residents? How does this process hurt low-income college students? How is such a model sustainable, and how do we keep Burlington from becoming an elite town for wealthy students and the business community that caters to them? Lastly, who is holding UVM and Champlain responsible for their role in hastening gentrification and making life harder for Burlington’s low income residents including low-income college students?

When Will Vermont Address Our Prison-Wage Slavery?

Vermont is finally taking some first steps to address our slavery-supporting past. By focusing on the past, however, we continue to overlook our own state-sanctioned modern day slavery – Vermont’s barely-paid incarcerated workers.

State Senator Ingram, a lead sponsor of a bill to remove slavery from the state constitution, had this to say,

“I think we should remove slavery in the Vermont constitution because slavery is a morally reprehensible and antiquated institution, and it reflects badly on the state and it sends the wrong message, especially to people of color.”

When we look at state sanctioned slavery, this statement feels incredibly inadequate, foolishly ignorant of the overt and institutional racism currently within our own prison slavery system. While Vermont is only 1% black, incarcerated Vermonters are 9% black, a number that hasn’t changed in years. Wages for these incarcerated Vermonters haven’t changed in THIRTY YEARS, and they are paid on average between 25 and 40 cents PER HOUR.

If you worked 40 hours a week for an entire year, you would make a whopping $830. Per. Year. Their CEO, head of Department of Corrections, makes over $115,000 a year, or 140 times these workers’ pay. Is this not also morally reprehensible? Does this not reflect poorly on the state of Vermont?

This system, akin to slavery, has many repercussions. Incarcerated working Vermonters, disproportionally black, aren’t protected in the same ways that non-incarcerated Vermonters are, as it’s not clear if workers could form a union and strike. These workers can also be compensated in non-monetary ways, like reduced sentences, rates decided at the whim of their bosses. Imagine your boss one day deciding to pay you in Kit Kats instead of money! Lastly, these workers aren’t part of the Legislatures’ $15 an hour minimum wage bills, so they will be further left behind.

If elected officials are interested in meaningfully combatting both modern state-sponsored slavery and their after-affects, they should look at banning the box when it comes to rental housing. Formerly incarcerated Vermonters have few housing protections against discrimination, leaving many incarcerated inmates stuck in prison because there is no housing for them on the outside, a situation that has been ongoing for atleast 6 years.

On top of this, formerly incarcerated Vermonters don’t get any money when they finish their sentence and aren’t able to build credit in prison. Even if they work full time they leave prison broke and destitute.

If the state legislature is serious about ridding the state of slavery, in the past and present, there are many impactful ways to give formerly incarcerated prisoners a chance at succeeding. Banning state-sanctioned prison slavery, and requiring that incarcerated workers get paid atleast the state minimum, would be a better way to repair the damage we do to past and present slaves.

Many Low-Income Families are Being Gentrified Out of Burlington

For years now we have been hearing anecdotes about the harmful effects of gentrification on low income families in Burlington. The data in this post shows that elected officials have done nothing to slow the destruction of the widening income gap, while the low-income families remaining in Burlington are those living in worsening, abject poverty.

Over the past decade, elected Burlington officials have sat idly by as the city has morphed from one of the most livable places in America into a town that only the wealthy can afford. Businesses that served low-income communities closed, were priced out and evicted like Resource, while megalandlords like the Bissonnetes legally evicted over 300 low-income tenants and families.

Over a year ago I asked Mayor Weinberger about what he would do to stop poor residents from being legally evicted by ever-increasing gentrification, and he told me that this was “the best system we had” and offered no solutions to help these families. I clarified. “Are you saying that the best we can do in Burlington is let 300 poor families be priced out of the city?” Weinbeger said yes.

A year ago I researched childhood poverty in Chittenden County from 2003-2016 using free/reduced public school lunch data*, and discovered that while Burlington had lowered childhood poverty by 8%, nearly every surrounding communities’ childhood poverty increased. I believed at the time that this was likely a result of gentrification, poor families being priced out.

Data from https://education.vermont.gov/student-support/nutrition/school-programs/free-and-reduced-meals

The data shows that my theory is correct – within just 7 years, upwards of 30% of Burlington’s poor families have been priced out of Burlington.

While the overall number of BTV households have increased by 6% since 2009, and median income (adjusted for inflation) increased 8% ($3,445), low-income folks have not shared in this wealth. In fact, the income gap during this time increased 18% between households making under $35k a year and those making over $75k a year.

When you look a bit more into the data, low-income families have clearly been hit the worst by, so much so that in Burlington their share as a percentage of all families has decreased by 19% and 17% respectively. Yet 40% of Burlington’s children live in poverty because the families that are able to remain, thanks to public housing, limited housing vouchers, and limited nonprofit housing, are in ever greater poverty.

We are in a housing crises and our elected officials keep promoting trickle-down market-rate housing as a solution, which does nothing to slow the ravages of gentrification. After 7 years of failed policies under conservatives and centrists like Mayor Weinberger, council Democrats, and council Progressives, isn’t it time we tried some better policies that have a proven track record of helping low-income families, like investing money in low-income housing, rent protections, and higher minimum wage?

*A family of 3, average Burlington size, cannot make more than $37,167, or 1.85 times the federal poverty rate, in 2016 dollars, to qualify for free or reduced lunch.

The Problem with Identity Politics by Councilor Joan Shannon in Liberal Burlington

Burlington is a strange place, where oftentimes we put more effort into appearances over substance, intentions over impact. This situation is best exemplified in the recent South End District Burlington city council race. While Jafar, a low-income man of color, was held responsible for his actions, Councilor Shannon, a wealthy white woman who has been a councilor for 16 years, has never been seriously asked to reckon with her hurtful votes and policy decisions, never been called to task for her own biases.

During this race the local press focused less on policies and experience differences, less on Shannon’s track record, and mostly on Jafar’s high school and college-aged private tweets, which had leaked to the press. These tweets, which were private thoughts shared among a small group of friends, were violent, vile, and misogynistic. It was universally good and important that so many people came out to publicly condemn these tweets, including Jafar himself, who recognized the hurt these tweets caused. Shannon responded to Jafar by questioning his relatively recent move towards feminism as a ‘position of convenience‘.

As a community we are great at rallying around and critiquing bigoted language. But when it comes to systemic problems that will cost us money and social standing, we regularly abdicate responsibility. While Councilor Shannon exemplifies this behavior, her position is not unique to Burlington or elsewhere. Mayor Weinberger, the City Council, the Democratic and Progressive Parties – all who have real power to make change in Burlington – have also done little in the past decades to alleviate systematic harm and suffering.

Councilor Shannon should be held responsible for her actions in the same way Jafar was held responsible for his – by her constituents and her political party – for her repeated and consistent inability to use her position to help vulnerable constituents and alleviate suffering. She should be held responsible for saying the politically correct thing but then quickly backpedaling to protect wealth, ignore the negative impacts of her policy decisions on marginalized communities, or both. The examples are varied and many.

While it is difficult to discern from Jafar’s single action whether his feminism is based on personal values or political convenience, Shannon’s 16 years on the council have made it clear she regularly votes for her own personal and political convenience. Isn’t it about time she is held responsible for wielding 16 years worth of power in a way that does little to alleviate suffering of Burlington’s most vulnerable residents?

What impact did Jafar’s private tweets have on this woman’s situation? What about policies Shannon has supported/ignored?
( Front Porch Forum Post from January 2019. )

The Burlington Business Association, and DID Supporters, Do Not Represent Burlington Residents

This is Part 4 of a 4 Part series on how Mayor Weinberger and the Burlington Business Association don’t represent regular Burlingtonians and are using their influence to push a rushed and rigged Downtown Improvement District that gives a handful of wealthy folks even more power at the expense of actual Burlington residents. Parts 1, 2, 3, are here.

The BBA is made up of very wealthy business owners and homeowners, many of whom have little personal interest or stake in Burlington, who care more about bringing wealthy tourists to the city than serving regular Burlington residents, while a handful of BBA Members have extra influence. The BBA doesn’t represent ‘mom and pop’ businesses or Burlington residents in any real way, and when they support the Downtown Improvement District it is not to the benefit of most Burlington residents and workers.

When one thinks of the Burlington Business Association, they think of restaurants, bars, and retail shops owned by Burlington residents. The truth is quite the opposite.

40 members, or 22% of the BBA, has neither a shop or home in Burlington. Think about that. 1/5th of the BBA has ZERO reason to be members of the BBA in the first place! For all we know, maybe they’re actually interested in helping their own community’s economy and sabotaging ours.

81 members, or 40% of the BBA, aren’t even based in Burlington. While they have a financial stake in Burlington, it’s hard to believe they’re equally invested in Burlington when their main investment is somewhere else; they cannot be as committed to Burlington as a small business owner living in Burlington.

Of the ‘Small Businesses’ that politicians and the BBA and their supporters love to fetishize so much, only 27% of small business owners even live in Burlington. Why is our city good enough for them to extract wealth from but not good enough to live in, to raise their kids?

When you think of Burlington, what comes to mind? Restaurants, bars, retail, right? It turns out that the BBA barely represents the storefronts in Burlington, the whole reason our downtown is doing so well in the first place. Only 22% of the BBA membership represents the service industry, while a full 56% of BBA membership represents tourism, other business organizations, businesses that support other businesses, finance/lawyers, and real estate industry.

These are businesses that aren’t small mom and pop shops trying to make or sell a product. These are large corporations, businesses that try to attract wealthy business partners, clients, or tourists. These are not businesses that support, nor are invested in, the vast majority of Burlington workers or residents.


On top of this, the BBA members who live in Burlington are extremely wealthier than the typical Burlington resident, with an average home value of $560k-$640k, 75-100% higher than the MEDIAN home owner, putting them into the top 10-15% of wealthiest Burlington residents. In fact, only 1 member who lives in Burlington has a home that is priced below the median.

Lastly, as a little quirk, the BBA has a handful of incredibly wealthy members who have multiple businesses registered to the BBA, thereby giving them more influence over the BBA agenda. (Oddly enough, many Burlington departments are members of the BBA in a very strange blurring of lines and potential conflict of interest.)

It’s worth asking if the folks supporting the downtown improvement district have Burlington’s best interests in mind, and why our councilors overwhelmingly approved a rush plan supported by wealthy business lobbyists.