Date: Fri 16-Jul-1999

Publication: Bee

Author: ANDYG

Quick Words:

Lysaght-police-termination

Full Text:

Attorney Seeks To Expedite Case Against The Police Chief

BY ANDREW GOROSKO

The lawyer representing Police Chief James E. Lysaght, Jr, this week called

for the Police Commission to expedite its preparation of termination charges

against the chief, so that the chief can move swiftly in mounting his defense.

Police Commission members July 6 forced Chief Lysaght from active duty until

pending commission charges of ineffective management against him are resolved

along with the question of the chief's possible dismissal. The commission

placed Chief Lysaght on administrative leave with pay and benefits. The town

attorney is drafting a bill of particulars listing the reasons why Chief

Lysaght should be fired.

Attorney John Kelly, representing Chief Lysaght, said Tuesday the chief has

decided against filing a lawsuit against the town challenging his being placed

on administrative leave. In a letter to the Police Commission last week, Mr

Kelly had written that the chief would seek a "judicial remedy" if he was

placed on administrative leave.

"It would be prohibitively expensive for my client and the town. It would wind

up being a rather lengthy proceeding," Mr Kelly said.

Chief Lysaght hopes the town will soon draft the formal charges against him so

that he can present his defense, Mr Kelly said.

If the Police Commission were to approve such charges by its August 3 meeting,

a termination hearing would start 5 to 10 days after that, Mr Kelly said.

First Selectman Herbert Rosenthal has said a possible termination hearing

might come by early September.

Mr Kelly said he expects a termination hearing would last more than one night

so that Chief Lysaght could present a thorough defense.

"His position is he's played the role of a police chief, not a politician," Mr

Kelly said. Chief Lysaght is anxious for the termination hearing to start, he

added. The chief hopes to show there is "no just cause" to dismiss him, the

attorney said.

"It's basically a philosophical difference" on how to run a police department

that has caused the conflict between the Police Commission and Chief Lysaght,

Mr Kelly said. He added that such philosophical differences are not the basis

for a police chief's dismissal. State law protects police chiefs from being

removed from office for political reasons, the lawyer said.

It would be unfair to the chief for the Police Commission to prolong its

preparation of charges, Mr Kelly said. The lawyer said he expects the charges

against the chief will be more specific than the complaints which were lodged

against him in his highly negative April job performance evaluation.

Getting termination hearings underway promptly would show that the Police

Commission is acting in good faith in handling the dismissal proceedings, Mr

Kelly said.

Police Commission Chairman James Reilly said Wednesday of the town's attorneys

preparing a bill of particulars for a termination hearing, "When the work is

done, it will be done."

"We want this to move as quickly as possible," he said, adding, though that

the Police Commission has not given the attorneys a deadline by which to

formulate the document.

The bill of particulars will be based on the past negative evaluations of

Chief Lysaght's job performance which were written by the commission, he said.

In Chief Lysaght's absence, Captain Michael Kehoe is in charge of the police

department.