“The paperwork is done,” attorney John Kelly said.

“There was no just cause for his termination,” Mr Kelly said of the Police Commission’s March 3 firing of Mr Lysaght. The lawyer declined to disclose the details of the appeal.

Mr Lysaght hopes to prevail in the appeal, Mr Kelly said.

A judge will be assigned to handle the case. That judge may decide to conduct court proceedings to supplement the results of an arbitrator’s report on Mr Lysaght’s December termination hearing, or may not conduct such court proceedings, Mr Kelly said.

Mr Kelly declined to speculate on what course Mr Lysaght’s appeal will take through the court system, adding it is unclear how long it will take for a final decision in the case.

In his report on Mr Lysaght’s termination hearing, arbitrator Albert Murphy found that the Police Commission had just cause to terminate Mr Lysaght. State law requires that a police commission show it has such just cause to fire a police chief.

Also, Mr Murphy recommended that the commission and Mr Lysaght reconcile their differences, and that he be reinstated as police chief, possibly on a probationary basis.

Under a previous agreement reached between the Police Commission and Mr Lysaght, Mr Murphy established a set of facts in the case to which the Police Commission was bound. Mr Murphy’s recommendations, however, were non-binding.

Police Commission members contend Mr Lysaght did not demonstrate the leadership, planning, and management skills necessary for the effective and efficient operation of the police department, and thus fired him.  The commission had placed Mr Lysaght on administrative leave in July as it proceeded with plans to terminate him. Police Captain Michael Kehoe has been in charge of the police department since July. It is unclear when the Police Commission will choose a permanent replacement for Mr Lysaght.

Police Commission members are expected to start publicly discussing their search for a permanent replacement for Mr Lysaght. 

The process of choosing a new police chief will start after commission members receive legal advice from their attorneys on the expected court appeal from Mr Lysaght contesting his firing, commission Chairman James Reilly has said.

Last week, the town challenged an unemployment compensation claim filed by Mr Lysaght.

Mr Lysaght told the state Labor Department that he had been fired for “political reasons.” Town officials maintain the termination was the result of “willful misconduct.”