A state judge rejected a request this week by demoted Woodstock Police Chief Joe Swanson for a preliminary injunction that would have restored him to paid administrative leave while he continues his fight to regain command of the department.
Judge H. Dickson Corbett said he would not require the Village of Woodstock to move Swanson from being a patrol officer back to paid administrative leave as police chief until his lawsuit is decided.
The appeal of Swanson’s demotion will continue on. The court is planning to hear the merits of the case on Tuesday, Nov. 25.
Corbett denied the preliminary injunction following about 90 minutes of legal arguments in Vermont Superior Court in Woodstock on Monday. He took the case under consideration in chambers for about a half hour and came out to announce his decision.
Burlington lawyer John Klesch, who argued on behalf of the village and municipal manager Eric Duffy, said he was pleased with the decision.
“That was the outcome we were hoping for,” Klesch told the Vermont Standard a day after the ruling.
He said an effort was made to show how difficult and costly it would be for the village and police to do their work if the preliminary injunction was allowed.
Manchester, N.H., attorney Linda Fraas, who represents Swanson, had some disappointment with the final decision. She was pleased the judge did see the turmoil that Swanson is undergoing at work.
“Judge Corbett has ruled that he does not believe he has the authority to interfere with the village’s day to day scheduling of officers and budget concerns pending the final decision on this case,” Fraas said.
“The judge found that the village’s ongoing actions are causing irreparable harm to Chief Swanson and we anticipate that he will be compensated accordingly in the civil lawsuit,” she said.
“We also look forward to the judge’s expected final decision overturning the unlawful demotion,” Fraas said.
Corbett gave the village 30 days to file their written brief on the merits of the case and said Swanson will have 21 days to respond.
Swanson has two legal proceedings with the village. The hearing on Monday was part of Swanson appealing the demotion decision by Duffy. It was later upheld on April 17 by the village trustees, who had conducted a 14½-hour appeal hearing on March 19.
Swanson has filed a separate $5 million civil lawsuit over his removal. The named defendants that remain in that case include the village, Duffy, trustee chair Seton McIlroy and Sgt. Chris O’Keeffe, the interim police chief.
During Monday’s hearing, Fraas said Duffy, O’Keeffe and the village have subjected Swanson to new, unwarranted accusations.
She said they included claims that Swanson had shaky hands and that he was seen walking his dog in the village while on duty.
Klesch countered that for the safety of the community — and Swanson — he needed to be sidelined until a medical examination could be undertaken about his hands.
Fraas said the village refused to tell Swanson who made the shaky hands accusation against him. Klesch said there was a concern about possible retaliation if the name became public and he offered to share the identity privately with the judge.
Swanson went for a medical examination the next day and was cleared.
Judge Corbett said when the court decides the case, it will consider only what happened up to the demotion and not any of the subsequent claims made in filings and affidavits.
The case had been on the printed schedule on Monday before Judge Kerry McDonald-Cady, who had rotated into the courthouse on Sept. 2 to hear civil division matters. However, Corbett, who had presided over some of the Swanson legal matters since they were filed, took the bench shortly after 9 a.m. It appeared to surprise the lawyers and others who were following the case.
Chief Superior Court Judge Thomas A. Zonay told the Standard in a phone interview on Tuesday afternoon listing McDonald-Cady was a mistake by a court clerk.
He said for judicial resources, it is best to allow a judge to follow through on some cases that might be more complex and not switch in mid-case. He said Corbett is still assigned to Windsor County through next September, but in the Family Division, and was available.
Further Development: Swanson goes on sick leave
The Vermont Standard learned Tuesday that demoted Village Police Chief Joe Swanson has gone on sick leave and has applied for Family and Medical Leave Act consideration.
While FMLA is normally unpaid leave, Swanson’s lawyer, Linda Fraas, said her client would plan to use his accumulated sick leave.
She said Swanson must file documentation from his doctor under FMLA, which is up to 12 weeks.
Fraas said Swanson’s request is due to the ongoing stress he has been put under by the village, municipal manager Eric Duffy and Sgt. Chris O’Keeffe, the interim police chief.
She said it is difficult for Swanson to go into work each day, wondering what bogus claim would be filed against him by one of the defendants.
Duffy and O’Keeffe have filed affidavits disputing claims by Swanson.
For more on this, please see our October 2 edition of the Vermont Standard.
