Attorneys In Lysaght Case Receive Arbitrator’s Report

By Andrew Gorosko

Lawyers for the town and Police Chief James E. Lysaght, Jr have received an arbitrator’s report on the chief’s December job termination hearing, but as of Thursday morning had not disclosed its contents.

Disclosure of the report was expected Friday morning, after the deadline for this edition of The Newtown Bee.

Independent arbitrator Albert Murphy, who mediated the town’s job termination hearing against Chief Lysaght, filed his report with the American Arbitration Association February 17, after which it was provided to the lawyers. The report contains findings of fact based on the testimony and evidence presented at the termination hearing, plus Mr Murphy’s recommendations on whether the Police Commission should fire Chief Lysaght.

The Police Commission alleges Chief Lysaght has not performed adequately as the town’s top law enforcement officer, and thus is seeking to fire him. The chief has been on administrative leave since last July.

 John Kelly, who represents Chief Lysaght, said the lawyers in the case agreed that each side has until Friday to possibly raise issues on the report’s content with Mr Murphy. Mr Kelly declined to disclose any specifics of the report.

Attorney David Zabel, who represents the town, was not available for comment. Attorney Monte Frank, his associate, said Thursday he expects the report to be disclosed Friday.

Police Commission Chairman James Reilly said Tuesday he had not received a copy of the document. Mr Reilly was not available for comment Thursday morning.

After receiving the report, the Police Commission is expected to meet with its lawyer to discuss what steps to take. In considering Mr Murphy’s report, the Police Commission will be bound by his findings of fact, but not bound by his recommendations. A firing would be subject to appeal by Chief Lysaght in Danbury Superior Court.