For Termination Hearing -

Town, Lysaght Try To Settle On An Arbitrator

By Andrew Gorosko

The town has submitted to the American Arbitration Association (AAA) a list of arbitrators it considers acceptable to conduct the termination hearing against Police Chief James E. Lysaght, Jr. The chief is expected to soon submit to the AAA a list of the arbitrators that he considers acceptable.

By comparing those two lists, the association will seek to name a person whom both sides consider fair, impartial, and suitable to preside at the upcoming termination hearing.

Having found Chief’s Lysaght’s job performance unacceptable, the Police Commission has informed him why it believes he should be terminated.  Commission members believe the chief has neither the leadership nor management skills necessary to effectively run the police department, and are thus seeking to fire him.

The chief’s attorney has countered that the commission’s complaints amount to “philosophical differences” over how to run a police department, adding that the chief has become the victim of “petty politics.”

Town Attorney David Zabel said Wednesday the town has sent to the AAA its choices for an arbitrator to conduct Chief Lysaght’s termination hearing.

Attorney John Kelly, representing Chief Lysaght, said Wednesday he has received a list of potential arbitrators from the AAA. Mr Kelly said he expects to review the list October 21 to delete the names of candidates considered unacceptable and then submit the remaining names to the AAA. Mr Kelly said he has been involved in a trial during the past week and had not had time to review the list.

Mr Zabel said he hopes the termination hearing will be conducted as soon as possible.

At the hearing, Mr Zabel will present the Police Commission’s case against Chief Lysaght. Attorney Frederick Dorsey is serving as advisory counsel on legal procedure to the commission.

After it receives the lists of acceptable arbitrators from the town and Chief Lysaght, the AAA will compare those lists and then submit to the town and the chief the names of the arbitrators who are considered to be acceptable by both sides.

Mr Zabel declined to comment on who the town considers to be acceptable candidates. Mr Dorsey said Tuesday that he has with conferred Mr Zabel on the arbitrator list.

 After an arbitrator is selected, the termination hearing will be scheduled, possibly for some time in November.

An AAA representative in the association’s East Hartford office Tuesday declined to comment on the town’s termination proceeding against Chief Lysaght. The AAA is a non-profit organization which provides neutral parties to resolve disputes through arbitration, mediation and fact-finding.

Under an agreement reached between Chief Lysaght and the town, the arbitrator who is eventually chosen to conduct the termination hearing will serve as a fact finder. The arbitrator also will make recommendations to the Police Commission based on his findings of fact, but the commission will not be bound by those recommendations and will have the decision-making power on whether Chief Lysaght will be terminated.

If the commission fires him, the chief would have appeal rights in Danbury Superior Court.