Date: Fri 09-Jul-1999

Publication: Bee

Author: ANDYG

Quick Words:

Police-Lysaght-leave-

Full Text:

Police Chief Placed On Leave While Commission Decides His Fate

(with photo)

BY ANDREW GOROSKO

Police Commission members have forced from active duty Police Chief James E.

Lysaght, Jr, placing the leadership of the police department in the hands of

Captain Michael Kehoe until pending commission charges of ineffective

management against Chief Lysaght are resolved along with the question of his

possible dismissal.

The Police Commission's decision to place Chief Lysaght on "administrative

leave with pay and benefits" came Tuesday night after a 45-minute closed

session at which commission members discussed the situation with the town's

attorney, David Zabel. The police chief's annual salary is $65,280.

Commission members voted unanimously to authorize the first selectman to have

the town attorney draft a bill of particulars listing the reasons why Chief

Lysaght should be fired. Voting to authorize preparation of the document were

Chairman James Reilly, William Meyer, Robert Connor, Jr, Carol Mattegat and

Charles Pilchard. Commission members voted 4-1 to place Chief Lysaght on

administrative leave, with Mr Pilchard dissenting.

The Police Commission action follows months of speculation after its April job

performance evaluation of the chief found he had not corrected deficiencies in

his performance that were listed in his job evaluation last September. The

commission's evaluation concluded that the chief has not displayed the skills

needed to effectively lead and manage the police department.

That 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, have 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 or management skills necessary for the effective

and efficient operation of the department." The evaluation listed 18 specific

complaints about Chief Lysaght's handling of his job.

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

stated that unless his performance improved to a satisfactory level and unless

he meets the goals he agreed to with the Police Commission, the commission

believes it will have just cause to fire him.

In a lengthy, detailed response to the highly negative April job evaluation,

Chief Lysaght rebutted the commission's allegations, explaining that he has

been carrying out his duties properly.

Administrative Leave

Before commission members voted on whether to place him on administrative

leave, Chief Lysaght asked to address the panel.

Removing him from active duty would hurt the police department's ability to

carry out police programs, he said. "I want to work for the people in

Newtown," he said. Taking him off active duty would leave only Capt Kehoe and

Lieutenant David Lydem as police administrators at a time when the department

has many projects underway, the chief added.

Attorney John Kelly, representing Chief Lysaght, told commission members it

would be illegal for them to place Chief Lysaght on leave.

In a July 6 letter to Mr Reilly, Mr Kelly wrote that if the commission planned

to discuss the chief's job evaluation/dismissal in that night's closed session

it would be illegal, adding that such a topic should be discussed publicly.

"The board's plan to place Chief Lysaght on `administrative leave with pay and

benefits' is clearly illegal. Administrative leave is a polite but misleading

term for a process that is intended to and will result in Chief Lysaght being

suspended with pay and benefits from his position as Chief of Police," Mr

Kelly wrote.

Mr Kelly further wrote that suspending a police chief with pay and benefits

pending a dismissal hearing is not part of the dismissal process for a police

chief as specified by state law. Applicable state law is intended to leave a

chief in office but to provide him with an immediate hearing on charges

against him so that there could be a timely decision on whether "just cause"

exists to dismiss the police chief, Mr Kelly wrote.

"It is not too much to ask that the [commission] and first selectman obey

rather than disregard the law and desist from suspending Chief Lysaght under

the guise of placing him on administrative leave," Mr Kelly added.

If the chief is suspended, "Chief Lysaght will have no choice but to seek a

judicial remedy," Mr Kelly wrote.

"I hope that you do not make a decision that will force the Town of Newtown to

expend funds attempting to defend a practice that previously has been ruled to

be illegal," he added.

Mr Kelly advised the commission to comply with state law to provide written

notice to Chief Lysaght of the "specific grounds the board claims constitute

just cause for his dismissal." State law provides for a public hearing on such

charges.

Process

Following the vote to place Chief Lysaght on leave, Mr Reilly said Capt Kehoe

immediately assumed command of the police department.

"This is the beginning of the legal process. We're going to push it as quickly

as possible," Mr Reilly said.

Chief Lysaght will remain on leave until his employment future with the police

department is resolved, Mr Reilly said. The chairman could offer no estimate

on how long that would take.

Town attorneys will draft a bill of particulars describing the commission's

charges against the chief, after which the commission will review it and act

on it, Mr Reilly said.

"We want to move with all deliberate speed," he said.

Following the vote, Chief Lysaght said he was "really surprised" the

commission placed him on leave. The action will leave the police department

short of administrators and will hurt its ability to serve the public, he

said.

Mr Kelly said it is unclear how long the town will take to formulate a bill of

particulars for a possible dismissal hearing. He also said he will be

discussing the situation with Chief Lysaght to learn what steps to take.

"The timetable is theirs," Mr Kelly said.

Captain Kehoe

Capt Kehoe said Wednesday of his new role as head of the police department,

"I'm just going to do the best that I can." Capt Kehoe said he has no idea how

long he will be in charge of the department. "I'm going to make the decisions

as they come. I'm going to try to do the best I can," he said. "I know it's an

awesome responsibility," he said.

"It's just a very difficult time for all... From a personal point of view, I

feel very badly for the chief and his family," Capt Kehoe said.

Capt Kehoe, 44, is a 21-year police department veteran. The Police Commission

promoted him to the rank of captain from sergeant last March soon after the

retirement of Captain Owen Carney. Kehoe attained the rank of sergeant in May

1997 after having served as the department's school resource officer, youth

officer and DARE officer.

"There's been mixed reactions among the members of the department" on the

chief's sudden leave, said Detective Robert Tvardzik.

Police Union President Robert Koetsch said "I don't think the union has given

this too much thought." Union members will let events unfold and will comment

after the matter is resolved, he said.

In a vote of confidence on Chief Lysaght conducted by the police union in

September 1997, almost all union members who voted expressed "no confidence"

in the chief, criticizing his management style. After that 1997 vote, the

union urged the Police Commission to fire Chief Lysaght. The commission then

rejected the suggestion.

First Selectman

First Selectman Herbert Rosenthal stressed Wednesday that Mr Lysaght is "still

the chief. He's not been suspended. He's not been fired." But Mr Rosenthal

noted that while on administrative leave Chief Lysaght does not have any

duties at the police department.

Suspensions are typically issued for disciplinary reasons, Mr Rosenthal said,

stressing that Chief Lysaght is on an administrative leave.

Mr Rosenthal said that based on the Police Commission's action Tuesday night,

he will ask the town attorney to draft a bill of particulars concerning

terminating the chief if the attorney finds justification to do so.

The matter might come to a termination hearing within two months, Mr Rosenthal

said.

"I believe Captain Kehoe is capable and I believe the other members of the

department will rise to the occasion," Mr Rosenthal said of Chief Lysaght's

absence. The first selectman met with the captain Wednesday.

The first selectman said he wishes that some settlement between the town and

Chief Lysaght could have been worked out so that the matter had not reached

this point. There had been town efforts to reach a settlement with the chief,

but a settlement didn't materialize, Mr Rosenthal said. He declined to specify

the terms of such a settlement.

"This is not a situation the chief or the town wanted to see itself in," Mr

Rosenthal said, terming it "a very adversarial situation."

If the Police Commission and the chief had been able to resolve their

differences in the last 18 months, it would have been good, the first

selectman said.

Mr Rosenthal said he supports the Police Commission's action, but added he is

willing to mediate an agreement to head off a legal battle between the

commission and the chief.

Long And Complex

Dismissing a police chief can be a lengthy and complex process.

According to state law, no police chief shall be dismissed unless there is a

showing of "just cause" by a police commission. The chief must be given notice

in writing of the specific grounds for dismissal and be given an opportunity

to be heard in his own defense, personally or by an attorney, at a public

hearing before the commission. Such a hearing must be held not less than five

nor more than 10 days after he is presented with the specific grounds for his

dismissal. A police chief who is dismissed may appeal the dismissal within 30

days to Superior Court. The court reviews the public hearing record and, after

possible court proceedings, may affirm the action of a police commission or

may set the action aside if it finds the commission acted illegally or

arbitrarily, or in the abuse of its discretion, with bad faith, with malice or

without just cause.

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.