By Mike Donoghue, Senior Correspondent
Woodstock officials have received a petition from local citizens questioning how Municipal Manager Eric Duffy has handled the paid administrative leave he ordered for Police Chief Joseph Swanson in October.
The petition drive spearheaded by the chief’s younger sister, Anne Swanson, and his husband, Nicholas “Nico” Seldon claim Duffy violated the Woodstock employee personnel handbook and defamed the chief.
A copy of the petition, which was obtained by the Vermont Standard, appears to have been signed by about 40 people, but many of the names are hard to read and it is unclear if they are registered voters or taxpayers in Woodstock.
Anne Swanson said in the complaint Duffy’s conduct goes against the Rules & Expectations of the Town & Village of Woodstock Personnel Policy. Part of it reads, “Employees shall not publicly defame, ridicule, or otherwise undermine the dignity and effectiveness of another Town and/or Village employee,” Anne Swanson said.
She said all municipal employees are expected to comply with the rule.
Duffy declined to comment to the Vermont Standard and referred questions to the two governing boards for Woodstock town and village.
The heads of the Village Trustees and the Town Selectboard responded to the citizen petition by saying the two boards will review the matter.
Village Trustee Chair Seton McIlroy and Town Selectboard Chair Ray Bourgeois said placing Swanson on paid leave was not taken lightly and came after considerable consultation.
McIlroy said in a phone interview with the Vermont Standard that all members of both boards are aware of the petition. She said it will be treated as a concern by residents.
She added residents are always free to reach out to any of the 10 board members on any issue.
McIlroy and Bourgeois said in their letter the two boards may be limited in what they can say going forward because the issue is a personnel matter.
“We can advise you that we consult regularly with the Municipal Manager and did so in regard to the October 15th press release concerning Chief Swanson,” McIlroy and Bourgeois wrote to Anne Swanson.
“Prior to making any decisions related to such a matter, the Municipal Manager informed the Chair of the Village Trustees on October 13 (and the Town Selectboard’s Chair on October 14) of the situation related to the Chief Swanson’s alleged involvement in an October 13 traffic incident,” the joint statement by McIlroy and Bourgeois said.
“Further, on October 14th, the municipality obtained advice and guidance from its legal counsel, Vermont League of Cities and Towns, the Vermont State Police (VSP), and the Vermont Criminal Justice Council before making any personnel decisions or making any public statements,” they said.
McIlroy and Bourgeois said in a direct response to Anne Swanson that they believed the wording of the press release was accurate based on the allegations made by the complainant, “per the report you were provided on November 22 by Town representatives.”
The next regularly scheduled meeting of the Village Trustees is set for Dec. 12. As of now discussion of the municipal manager and the police chief are not on the agenda. Under Vermont law, the first item on agendas for government boards is additions and deletions to the agenda.
Still on leave
Chief Swanson remains on paid administrative leave stemming from the off-duty incident on High Street on Oct. 13. He was riding with Seldon when they came upon a car driven from the opposite direction on the narrow street, officials said.
Limited information has been provided, but some kind of confrontation developed on who would yield the right of way, officials have said. Chief Swanson was initially identified as a witness to the incident, but the independent investigation by Vermont State Police has indicated he may have played a role in the case, including separating the two drivers, officials said.
Woodstock Police initially began to investigate the incident, but Sgt. Chris O’Keeffe, the second highest ranking officer in the department, pulled the plug and after conferring with Duffy a decision was made to call in Vermont State Police.
The one-page press release from Duffy indicated Swanson “has been placed on paid administrative leave as a precaution, following a report of his alleged involvement in an incident that occurred on Sunday, October 13th.”
The release said the state police would be conducting an investigation, but it never said the focus was on a potential crime.
Vermont State Police completed its investigation and reported to Duffy on Nov. 5 that both drivers refused to cooperate and there was not enough independent information to charge either of them.
The petitioners apparently are upset because Swanson has been cleared, but not allowed to return to work. O’Keeffe remains the acting police chief.
“At the time of Mr. Duffy’s media statement, there were zero allegations of Mr. Swanson’s involvement in any criminal incident or criminal investigation; Mr. Swanson was merely a witness to an incident,” the petitioners wrote.
The petitioners want to know why Chief Swanson remains on paid leave for unknown reasons. To add to the confusion both the Woodstock Police union and the emergency dispatchers union have issued unanimous votes of “no confidence” in Swanson as he was getting cleared by state police.
“The Village Trustees have been involved in the discussion and decision-making related to his status. The Town Selectboard has also been continually updated,” McIlroy and Bourgeois said.
“As elected officials, we have been, and continue to be, sensitive to the need to balance our duty to keep the public informed, while also following the appropriate processes and procedures related to our employees,” they said.
“However, we can let you know that Village and Town representatives have provided detailed information, both substantive and process-related, to Chief Swanson’s representatives concerning his current status,” they wrote.