Police Panel Awaits Assignment Of Arbitrator

By Andrew Gorosko

The town has submitted a request to the American Arbitration Association (AAA) for an independent arbitrator to conduct the Police Commission’s termination hearing against Police Chief James E. Lysaght, Jr.

Town Attorney David Zabel said Tuesday the town is awaiting a response from the organization.

“We’re ready to go,” Mr Zabel said, noting that the town has been ready to proceed with the matter since August 30 when the commission convened the termination hearing, but postponed the matter so that an arbitrator could be found to conduct the proceedings.

Police Commission members allege that Chief Lysaght has neither the management nor the leadership abilities to effectively run the police department, and are thus seeking to terminate him.

 Attorney John Kelly, representing Chief Lysaght, has said the conflict between the Police 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.”

“The (arbitration) request has been submitted to the AAA,” Mr Zabel said, adding the town is awaiting a list of possible arbitrators.

Mr Zabel said it is unclear when the termination hearing will occur, but added “I’m hoping sooner rather than later.” He said he hopes the termination hearing can get underway before November.

Mr Kelly said Tuesday that Attorney Frederick Dorsey, who represents the Police Commission, on October 1 sent a letter to the AAA, requesting a list or arbitrators, enclosing a $150 fee with the request. Mr Dorsey wasn’t available for comment.

“The necessary formal demand has been made and now we’re waiting for the response,” Mr Kelly  said.

Besides the list of arbitrators, the AAA will provide copies of  the association’s latest rules and regulations, Mr Kelly said.

Mr Kelly said he will not speculate on when the hearing will occur, or how long it will take to complete. The  hearing is expected to require multiple sessions. The format that the proceeding will take remains unclear, according to Mr Kelly.

In early July, the Police Commission placed Chief Lysaght on administrative leave with full pay and benefits, in effect, forcing him out of his post until the termination hearing is conducted and his job future is resolved. In his absence, police Captain Michael Kehoe is running the police department.

Although he has not been working as the chief, Chief Lysaght has attended the Police Commission meetings as a resident since being placed on leave. The chief’s attendance demonstrates his interest in the functioning of the police department, Mr Kelly said.

At a Tuesday Police Commission meeting, Commission Chairman James Reilly acknowledged that the town’s application for an arbitrator had been submitted and a reply is awaited.

Asked when the termination hearing will be conducted, Mr Reilly replied “That’s all in the hands of the three attorneys and the arbitrator now.”

After receiving lists of available arbitrators, the town and Chief Lysaght will go through a process of elimination, striking unacceptable persons from the until a mutually agreeable person considered to be fair to both sides is selected to conduct the hearing.

The arbitrator to be chosen will hold the hearing, make findings of fact, and make non-binding recommendations to the Police Commission. The Police Commission will decide whether it has “just cause” to fire the chief.  If he is fired, the chief would have the right to appeal in Danbury Superior Court.

In his defense, Chief Lysaght is expected to take the position that the Police Commission’s job performance evaluations of him were not accurate and he will describe his accomplishments while serving as chief from July 1996 to July 1999.

Following an extensive search, the Police Commission selected Chief Lysaght to replace former chief Michael DeJoseph who retired to take a job in private industry.

Before taking Newtown’s top law enforcement job, Chief Lysaght served as the second-in-command at the Bristol Police Department.