A state judge will be asked Monday to hold off the demotion of Woodstock Police Chief Joe Swanson while his appeal is considered in Vermont Superior Court.
Judge Kerry Ann McDonald-Cady has set aside one hour to hear arguments from lawyers on behalf of Swanson and the Village of Woodstock on how to proceed in their legal fight.
The in-person hearing is set for 9 a.m. at the courthouse on the Green in Woodstock. This will be the first hearing for McDonald-Cady, who rotated into civil court in Windsor County earlier this month.
Swanson, through his attorney Linda Fraas maintains that he was improperly demoted by municipal manager Eric Duffy with support from the village trustees in the spring.
The village, through attorney John Klesch, has argued that Swanson’s demotion back to patrol officer was proper.
Judge H. Dickson Corbett issued a temporary injunction earlier this summer blocking the village from naming a new permanent police chief until the legal battle plays out.
Swanson also has filed a $5 million civil suit claiming he was unjustly removed from his job. Duffy, trustee board chair Seton McIlroy, Sgt. Chris O’Keeffe, the interim police chief, and the village are among the defendants in the lawsuit.
Swanson maintains Duffy and O’Keeffe have continued to retaliate against him since Judge Corbett approved the injunction.
Fraas has said that Duffy and O’Keeffe conspired to try to get Swanson removed as chief and to get O’Keeffe installed as the permanent chief.
Duffy and the village trustees announced in July 2023 that Swanson had been selected as the new police chief following a thorough, nationwide search.
Duffy gave Swanson a positive review a year later, but by October 2024, Swanson was put on paid leave by Duffy, who sought an internal investigation. Duffy later said he had lost faith in Swanson’s management, and also cited claims that he had a messy desk, unmatched socks and got haircuts on village time.
Duffy and the village trustees later demoted Swanson to the lowest rank of patrol officer and he was assigned to the midnight shift when the union refused to give him credit for his seniority.
Swanson, in a court affidavit, said he has been subjected to increased “hostile work environment as tensions at the Woodstock Police Department rose.” He cited two rulings by Judge Corbett: blocking the appointment of a new chief while the demotion appeal is pending and the court adding O’Keeffe as a defendant in Swanson’s civil lawsuit as precipitating the treatment.
The village filed an objection to a proposal by Fraas that Swanson be restored back as chief and returned to paid administrative leave while the case proceeds.
Duffy maintains that move would cost the village about $3,300 a week for the chief’s pay and for filling a work shift.
For more on this story, please see our September 25 edition of the Vermont Standard.
