According to the latest legal filing in Vermont Superior Court, former Police Chief Joe Swanson maintains the Village of Woodstock continues to make groundless claims that his demotion as department head is warranted.
Attorney Linda Fraas, who represents Swanson, wrote last week in her reply brief that the village continues to seek the permanent removal of Swanson without just cause.
She said the village’s “rambling self-contradictory oppositional filing merely rehashes prior arguments in support of its non-existent ‘inherent right’ to demote Petitioner.”
Fraas said the village’s “arguments essentially center around the preposterous and legally invalid position best described as ‘that which is not prohibited is allowed.’”
Burlington attorney John Klesch, on behalf of the village, had recently submitted a legal brief to the court arguing that Swanson should not be reinstated as police chief in Woodstock.
Klesch wrote municipal manager Eric Duffy did not violate any state statute or employment agreement when he opted earlier this year to remove Swanson as chief. The Village Trustees heard Swanson’s appeal on March 19 during a 14.5-hour marathon session and a month later voted 5-0 to uphold the decision.
The village has said if the superior court vacates or reverses the decision by the trustees, the judge should still deny reinstatement of Swanson as chief. The village said it is glad to be heard about what it sees as the proper remedy instead of reinstatement.
Judge H. Dickson Corbett has set a hearing on the merits for Tuesday, Nov. 25, at 2:30 p.m. at Vermont Superior Court in Woodstock. It is likely Corbett could take the case under advisement and later issue a written ruling.
Swanson has two civil legal proceedings against Woodstock.
He is appealing his demotion by Duffy from police chief to patrol officer. O’Keeffe said he has assigned Swanson to the overnight shift.
Swanson also has filed a $5 million civil lawsuit claiming an unlawful discharge from his job. The named defendants include the village, Duffy, Sgt. Chris O’Keeffe, and trustee chair Seton McIlroy.
Judge Corbett has ruled the other four Village Trustees — vice chair Jeffrey Kahn, and members Brenda Blakeman, Frank Horneck, and Lisa Lawlor — along with the town of Woodstock, were immune from the lawsuit. Burgess Loss Prevention, which conducted an internal investigation for Duffy also is a defendant.
Duffy, who hired Swanson in July 2023 after a nationwide search, had placed him on paid administrative leave in October 2024 for being present at a traffic incident involving two drivers, including Swanson’s husband, Nicholas Seldon.
Vermont State Police and the Vermont Criminal Justice Council both cleared Swanson in separate reviews of the incident. Swanson was set to return to work, but Duffy blocked him.
The manager hired William Burgess to investigate Swanson’s management style and interview village police employees and town emergency dispatchers. Duffy later used the internal report to help justify demoting Swanson.
After the demotion, Swanson returned to patrol work in April. However, Fraas maintains that after two subsequent adverse rulings in court against Woodstock, village officials began a pattern of mistreatment of the former chief.
For more on this story, please see our November 13 edition of the Vermont Standard.
