Date: Fri 13-Aug-1999

Publication: Bee

Author: ANDYG

Quick Words:

police-Lysaght-commission

Full Text:

Police Panel Poised To Act On Chief's Fate

BY ANDREW GOROSKO

The Police Commission Monday is scheduled to discuss and possibly act on a

bill of particulars listing the reasons why its members believe Police Chief

James E. Lysaght, Jr, should be fired.

A special commission meeting on the topic is scheduled for 7:30 pm at the

police station, 3 Main Street.

The meeting agenda filed August 10 at the town clerk's office lists a closed

session at which commission members will discuss legal strategy concerning the

chief's employment status. Following the closed session, the "new business"

section of the meeting lists "discussion and possible action on notice of

grounds of dismissal of Chief James Lysaght."

Police Commission Chairman James Reilly said Thursday "The only thing I can

tell you is what's on the agenda. The bill of particulars will be presented to

the Police Commission Monday night. Besides that, I have no other comment."

Chief Lysaght was unavailable for comment.

Attorney John Kelly, who represents Chief Lysaght, said Wednesday "I expect

that the commission that night will meet and approve a bill of particulars."

Mr Kelly has pressured the commission in recent weeks to quickly provide a

bill of particulars, or a document stating the reasons the commission believes

it has "just cause" to fire Chief Lysaght, so that the chief can prepare his

defense.

More than five weeks ago, the commission forced Chief Lysaght from active

duty, placing him on administrative leave with full pay and benefits, until

his employment future and possible termination are resolved.

After a police chief receives the bill of particulars, a Police Commission has

between 5 and 10 days to conduct a public hearing on dismissing him.

Mr Kelly said that whether he seeks a delay in starting the hearing will

depend on the content of the bill of particulars, as well as the availability

of himself, Chief Lysaght, witnesses and attorneys. Mr Kelly said he expects

that some delay in the process is inevitable.

Mr Reilly has said the bill of particulars will be based on the highly

negative Police Commission job performance evaluation of Chief Lysaght which

was filed April 6.

In that evaluation, commission members found Chief Lysaght has not corrected

deficiencies in his performance, which were listed in his job evaluation last

September, and has not displayed the skills needed to effectively lead and

manage the police department.

The evaluation alleges, "The chief has failed to provide plans when requested

and to address problems. His failure to plan and to focus on problems has

caused the department to lose direction. He has lost credibility with the

personnel of the department and with the Board of Police Commissioners. His

actions, and in some cases his inaction, has seriously damaged department

morale. The deficiencies noted above also demonstrate the chief's failure to

meet the goals set by the board and to which he agreed. Chief Lysaght has not

demonstrated the leadership nor management skills necessary for the effective

and efficient operation of the department."

In Chief Lysaght's preceding job evaluation last September, Police Commission

members stated that unless his performance improved to a satisfactory level

and unless he met the goals he agreed to with the Police Commission, the

commission believed it would have just cause to fire him.

The April job evaluation listed 18 specific instances of action or inaction by

the chief which drew sharp criticism from the commission.

Chief Lysaght later thoroughly rebutted the Police Commission' allegations,

providing a different perspective on the events described by the commission.

The chief presented commission members with a massive amount of reference

material supporting his rebuttal. The 164 documents include the commission's

meeting minutes dating back to January 1996, letters, memoranda, contracts,

diagrams, and documents concerning police training, radio communications,

computers, job performance evaluations, citizen complaints and internal

investigations within the police department, among other items.

Mr Kelly has said the conflict between the commission and the chief amounts to

"philosophical differences" over how to run a police department and that the

chief is the victim of "petty politics."

Process

Mr Kelly said it is unclear how long the dismissal process will take. A

hearing on the allegations could take "a number of days," he said. "Everybody

is speculating at this point," he added.

As soon as the Police Commission votes to approve a bill of particulars, it

will become a public document, he said.

The Police Commission will have the burden of proof in showing that the chief

should be dismissed, Mr Kelly said.

Of the anticipated bill of particulars, Mr Kelly stated that when he gets it,

he will read it, discuss it with Chief Lysaght, seek witnesses on the chief's

behalf, and plan a defense against the charges.

The content of the document will dictate the approach taken in providing a

defense against the allegations, Mr Kelly said.

Chief Lysaght appeared August 3 at a Police Commission meeting and, in effect,

urged its members to swiftly prepare a bill of particulars listing the reasons

why the commission believes he should be dismissed.

Chief Lysaght, 50, started work as head of the police department in July 1996,

after leaving his post as second-in-command of the Bristol Police Department.

He and his family moved to Newtown from Bristol last summer.

Captain Michael Kehoe is running the police department until the pending

commission charges of ineffective management against Chief Lysaght are

resolved along with the question of his possible dismissal.