Police Commission Awaits Arbitrator’s Report

By Andrew Gorosko

Police Commission members are awaiting an arbitrator’s report on the job termination hearing of Police Chief James E. Lysaght, Jr.

 Police Commission Chairman James Reilly told commission members Tuesday night that they may have by mid-February the report of Hartford arbitrator Albert Murphy, based on the four-day termination hearing held in December at Booth Library. Police Commission members did not attend the hearing. No commission members testified.

Commission members say Chief Lysaght has not demonstrated the planning, management and leadership needed to effectively run the police department, and are thus seeking to terminate him. The commission’s allegations are formally listed in a 10-point notice of grounds for dismissal. The chief’s attorney has responded 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.”  

Chief Lysaght, 50, started as police chief here in July 1996 after coming from the Bristol Police Department where he was second in command. Last July, the Police Commission placed the chief on administrative leave with full pay and benefits. Captain Michael Kehoe is running the police department in the chief’s absence.

Mr Reilly told Police Commission members Carol Mattegat, Charles Pilchard and Richard Simon that lawyers for the town and Chief Lysaght had until December 31 to present to Mr Murphy legal briefs stating their case and making proposed findings of fact.

The lawyers will have until January 10 to provide more legal briefs in response to points raised in the initial briefs, Mr Reilly said.

After all briefs are submitted, Mr Murphy will have 30 days to submit his findings of fact and make recommendations in the case.

Mr Murphy has said that in light of the extensive testimony in the case and the large volume of documents submitted as evidence, he may seek additional time from the town and from Chief Lysaght to prepare his report. Witnesses in the case provided almost 20 hours of sworn testimony. Lawyers submitted well over 100 documents as evidence. In reviewing the case, Mr Murphy will read transcripts of testimony prepared by a court reporter.

The Police Commission will be bound by the arbitrator’s findings of fact, but because the proceeding amounted to non-binding arbitration, the commission will not be bound by Mr Murphy’s recommendations.

If the commission terminates Chief Lysaght, he would have appeal rights in Danbury Superior Court.