By Mike Donoghue, Senior Correspondent
Documents received through the Vermont Public Records law along with Vermont Standard news stories and interviews have been used to compile the following timeline of the case that has led to Police Chief Joe Swanson being on paid leave for 10 weeks, including the last six weeks after being cleared by Vermont State Police in a traffic incident.
Sunday, Oct. 13 — An incident is reported involving two drivers headed in opposite directions on High Street at about 5 p.m.. One driver is Woodstock lawyer Nicholas “Nico” Seldon, and the second driver is an unnamed Woodstock man. Seldon’s husband, Woodstock Police Chief Joe Swanson is a passenger in the first car. Some kind of confrontation or disturbance happened.
The second driver goes to the Woodstock Police Department to file a complaint at 5:15 p.m. Cpl. Kirsten E. Murphy and Officer Liz Turco begin their investigation on High Street.
Off-duty Sgt. Chris O’Keeffe, the second-highest-ranking officer in the department, is alerted by dispatch at 5:30 p.m.
Cpl. Murphy and Officer Turco go to High Street to do a house-by-house canvass for witnesses. After finding Seldon’s car, O’Keeffe is contacted again, and he gives instructions on how to proceed in getting statements. They eventually determine Chief Swanson is involved in the case, apparently as a witness.
The investigation is placed on hold. Municipal Manager Eric Duffy sends an email at 8:41 p.m. to the Vermont League of Cities and Towns seeking advice. Duffy connects the next day with Trevor Whipple, a retired South Burlington Police Chief, who works for VLCT.
Monday, Oct. 14 — In a noontime email, Duffy requests the Vermont State Police to conduct an independent investigation into any possible crime. Duffy writes he wants to “ensure transparency, no bias and a clear outcome.” Col. Matthew Birmingham, director of Vermont State Police, agrees to have an investigator assigned.
Duffy files Cpl. Murphy’s preliminary report and other information with the Vermont Criminal Justice Council. A letter also is drafted for Duffy to place Swanson on paid administrative leave.
Duffy and Seton McIlroy, chair of the Village Trustees, exchange drafts for a press release that evening.
Tuesday, Oct. 15 — Chief Swanson meets with Duffy in the morning and is placed on paid leave until further notice. The letter tells the Chief to surrender his police badge, credentials, gun(s) and building keys. O’Keeffe is named acting chief.
Duffy issues the news release that is later criticized for making it sound like Chief Swanson might be under investigation. When asked, Duffy declines to modify his statement that said Chief Swanson was placed on leave “following a report of his alleged involvement in an incident” two days earlier.
Duffy offers state police the Woodstock Police investigative file and a video from a High Street resident after what the manager termed an “alleged assault.” Duffy tells state police that once Woodstock officers knocked on a door on High Street and found their chief inside, a decision was made “internally” to end their investigation and call in state police. Duffy also states there is Woodstock Police body camera video of Chief Swanson and a second person being questioned.
A special meeting of the Village Trustees for Thursday is announced at noon. The main agenda item is an executive session to discuss an undisclosed topic.
VLCT also tells Duffy that the league will cover up to the first three hours of legal work. The league said it had been told the village had apparently reached out to Stitzel, Page & Fletcher, a Burlington law firm.
Chief Swanson writes Duffy for authorization to attend a conference for the International Association of Chiefs of Police, which the manager had earlier approved. Swanson had registered to attend the New England event on Oct. 19-21. Duffy gives approval, but says the village will only cover what has been spent and no new expenses. Duffy said the chief is on his own for further expenses, including hotel if it has not been pre-paid.
Thursday, Oct. 17 — Village trustees hold a 48-minute early morning meeting with 47 minutes behind closed doors. Both the agenda and the meeting minutes never give the specific reason for the executive session as required by Vermont law and they never say it was a special meeting. Board members take no public action when they resume open session long enough to adjourn.
Friday, Oct. 18 — Duffy agrees to end O’Keeffe’s probationary period as a sergeant early because he is filling in as acting chief.
Mid-October — Village leaders decide to act on concerns they are hearing about the management of the police department. Duffy scouts for possible private detectives to interview police employees concerning Chief Swanson.
Friday, Oct. 25 — Duffy signs two-page contract to hire William Burgess of Lebanon, N.H. at $125 an hour. He is to investigate “complaints by several employees of the Woodstock Police Department regarding the activities, behavior and administrative practices of Police Chief Joe Swanson.”
Burgess also is expected to study “Other complaints that may arise out of the initial complaints noted above,” according to the contract.
Tuesday, Nov. 5 — Vermont State Police says they are closing out their High Street investigation with no criminal charges. Detective Capt. Scott Dunlap said the two main people involved have both refused to cooperate with police. Chief Swanson did cooperate fully, and the investigation determined he had physically separated the two drivers, Dunlap said. He noted Swanson maintained he did not see the entire incident. Three other witnesses on the street provided statements and one had a short video clip, Dunlap said.
Attorney William Vasiliou, on behalf of Chief Swanson, said his client was ready to return to work, but Duffy said he had to go through his process for reinstatement.
Tuesday, Nov. 19 — Duffy is still mum on when Swanson will return to work. He offers a “no comment” when asked about the chief’s return and another “no comment” when asked when he will be able to comment.
Tuesday, Dec. 3 — Anne Swanson, younger sister to Chief Swanson, releases copies of a letter signed by about 40 people asking for answers on why the chief is not reinstated. It also questions whether Duffy violated the town personnel policies and had defamed Chief Swanson. Duffy offers no comment.
Tuesday, Dec. 17 — Duffy remains mum about when Chief Swanson might return to work. Duffy insists, “We are going through the process.” The manager also declines to say if he had received the outside investigation report by Bill Burgess, or when he expected to receive it. McIlroy later confirmed that it had been received and is now being reviewed by Duffy and the trustees.