Date: Fri 20-Aug-1999

Publication: Bee

Author: ANDYG

Quick Words:

Lysaght-police-commission

Full Text:

Commission Presents Police Chief With Grounds For His Dismissal

BY ANDREW GOROSKO

Police Commission members have issued a concise "notice of grounds for

dismissal" to Police Chief James E. Lysaght, Jr, explaining the reasons why

they believe he should be fired.

The three-page notice dated August 17 lists five specific grounds for the

chief's dismissal and provides examples of his conduct, plus incidents which

the commission will use in evaluating whether there is "just cause" for his

termination.

Police Commission members Monday night unanimously endorsed the document which

was sent to Chief Lysaght Tuesday. The commission's decision to issue the

notice followed an hour-long, closed-door session at which members privately

discussed legal strategy with Town Attorney David Zabel.

The Police Commission will conduct a public hearing to determine whether there

is just cause to fire the chief. The hearing, which is expected to take more

than one session, is tentatively scheduled for late this month or early next

month.

The chief's most recent job performance evaluation by the Police Commission

dated April 6 forms the basis for some of the allegations listed in the notice

of grounds for dismissal. In that evaluation, Police 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 grounds listed for Chief Lysaght's dismissal include:

Failure to receive a satisfactory job performance evaluation for two

consecutive evaluations.

Receipt of an aggregate of three unsatisfactory evaluations during a

three-year period.

Failure to adhere to various police rules and regulations.

Failure to comply with any lawful order of the commission.

Violation of reasonable and ordinary standards of good conduct.

The Police Commission explains the basis of the grounds for dismissal in terms

of Chief Lysaght's conduct, plus various incidents.

The statements include that Chief Lysaght:

Received three unsatisfactory job performance evaluations dated August 1997;

June 1998; and last April.

Failed and/or refused to comply with the commission's directive to develop a

detailed written plan for training police department officers.

Failed and/or refused to achieve any meaningful progress in a police

communications tower construction project, and failed and/or refused to comply

with the commission's directive to formulate and present a plan for the

project.

Failed and/or refused to comply with the commission's directive to upgrade the

police department's computer system, including the installation of portable

computers in police cars.

Failed and/or refused to comply with the commission's directive to develop and

implement a manpower schedule to provide for at least four patrolmen per

shift.

The notice also alleges that Chief Lysaght:

Failed and/or refused to keep the commission timely and fully advised of, or

has misinformed the commission or the first selectman with respect to, matters

of concern to the department including: internal affairs investigations; the

police department's participation in the Statewide Narcotics Task Force; the

appointment of an acting sergeant; and the unfavorable evaluation of a

candidate for police employment.

The document also alleges:

The chief failed and/or refused to set goals for and evaluate the sergeant

assigned to the detective division under the terms of an agreement between the

town and police union.

The chief reported to the commission chairman that he documented violations of

the department's rules and regulations by a department commander, but neither

took action nor reported the violations to the commission.

The chief abused his official position for personal gain, benefit or favor by

using the department's resources to respond to his unsatisfactory April 1999,

employee evaluation.

The chief violated the town charter by incurring a liability or expense

obligating the town to spend money in excess of an approved budget line item

appropriation.

Chief Lysaght was unavailable for comment on the notice of grounds for

dismissal.

Response

In a Wednesday letter to Mr Zabel, Attorney John Kelly, who represents Chief

Lysaght, wrote "Some portions of the notice are extremely vague and

non-specific."

Three of the five grounds listed for dismissal are not specific, with the

allegations provided in general terms in reference to multiple sections of the

police department's rules and regulations, Mr Kelly writes.

Mr Kelly is asking for specific information on the Police Commission charges.

Concerning the Police Commission's charge that Chief Lysaght abused his

position by using the police department's resources to respond to his

unsatisfactory April job evaluation, Mr Kelly said "They [the commission]

ordered him to reply to the evaluation, which he did."

In April, Chief Lysaght rebutted the Police Commission' allegations listed in

his job evaluation, providing a different perspective on the events described

by the commission. The chief presented commission members with thousands of

pages of photocopied 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.

In his letter to Mr Zabel, "I request that I be provided with the names of the

people that you intend to call as witnesses and which of the five grounds each

witness will testify about. This information is necessary to enable Chief

Lysaght to prepare his defense, to expedite the hearing and identify rebuttal

witnesses," Mr Kelly writes.

Mr Kelly said that if the information he requested from Mr Zabel is provided

quickly, the dismissal hearing could start the last week of August or after

September 7.

However, Mr Zabel may disagree about providing him with the requested

information, Mr Kelly said.

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."

Before the Police Commission voted to issue the notice, Chief Lysaght said

Monday, "I have to evaluate [the notice] with my attorney before I make any

statements. I'll have to discuss it with my attorney to decide what's best."

Following the commission's decision to issue the notice, the chief said, "I

have to conduct myself in a professional manner and will do so."

Comments

Police Commission Chairman James Reilly declined to comment Wednesday on the

notice sent to Chief Lysaght.

"The [commission] members don't have any comments on the notice... We're

referring all questions on the notice to the attorneys," he said.

Mr Zabel said of the upcoming dismissal hearing, "Nothing is clear about how

long it's going to last." There is no state law which covers the format for

such hearings, he said, adding that other municipalities which have been in

similar situations established their own formats as the need arose.

First Selectman Herbert Rosenthal said, "Clearly, things are coming to a head,

and one way or another we'll have a decision," on Chief Lysaght's future with

the town.

Mr Rosenthal said the Police Commission has made every attempt to provide

Chief Lysaght with due process of the law.

At the upcoming hearing, Chief Lysaght will have an opportunity to be heard in

his own defense, either personally or by legal counsel.

If the Police Commission decides there is just cause for his termination and

dismisses him from his post, the chief has the right to appeal the termination

within 30 days to Danbury Superior Court.

Police Commission members July 6 placed Chief Lysaght on administrative leave

with full pay and benefits until pending commission charges of ineffective

management and lack of leadership against him are resolved, along with the

question of the chief's possible dismissal. Captain Michael Kehoe is running

the police department in the chief's absence.

Chief Lysaght 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.