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HomeMy WebLinkAboutMinutes - City Council - 12/09/1996SOUTH BURLINGTON CITY COUNCIL MINUTES DECEMBER 9, 1996 SPECIAL MEETING The South Burlington City Council held a special meeting on Monday, 9 December 1996 at 6:00 PM, in the Conference Room, City Hall, 575 Dorset Street. Members Present: William Cimonetti, Chair; James Condos, Robert Chittenden, David Austin, Terry Sheahan Chairman Mr. Cimonetti called the meeting to order at 6:08 PM and led those present in the Pledge of Allegiance. 1.) Step III Grievance of David Lawyer; Appeal of Termination of Employment by City Manager. Mr. Cimonetti stated that this was a special meeting of the South Burlington City Council called in accordance with City procedures to hear a Step III Grievance of David Lawyer in appeal of the termination of employment by the City Manager. Mr. Cimonetti stated that all five (5) of the Councilmen understand the seriousness and significance of this hearing. Mr. Cimonetti requested that both Attorney Blais and Attorney Stitzel intercede with any guidance necessary to keep this hearing on track and expedient. Mr. Cimonetti accounts for Mr. Lawyer's presence and his representation by Attorney Norman Biais. City Council understands that this is a personnel matter, that it can be conducted in executive session if so requested. Mr. Lawyer requested that this session be conducted in open session. Mr. Cimonetti stated that he understands that Corporal Lawyer would like to have this proceeding dismissed because of the passage of time since the occurrence of the incidents upon which he is faced. Legal memorandums have been submitted to Council on this issue. Council has the discretion to rule on this request before receiving evidence or to decline to rule on this request until after the evidence is heard. The Council proposes that the attorney's position on this be heard and that consideration be given as to whether or not Council will deal with the procedural motion requesting dismissal. All Councilmen supported this procedure. It was requested by the Chairman that Defendant Attorney Blais proceed first. Attorney Blais, representing defendant David Lawyer, gave his opening statement. Mr. Blais maintained to the board that because the claims are almost a decade and a half old it is impossible to defend a client. It is not possible to realistically look back at events that happened a decade and a half before and put on a realistic defense. Mr. Blais is asking the board to consider the impossibilities of Mr. Lawyer being able to defend the case that is 14 years old. They contend that you can not consistently, due process of law, take away a man's career and take away a man's livelihood based upon accusations that are 14 years old. If this were to happen it puts Mr. Lawyer in a position to deal with the impossible task of defending claims that he has no realistic ability to defend. Mr. Cimonetti asked if City Attorney Stitzel has a position that he would wish to express on behalf of the City. Attorney Stitzel, on behalf of the City Manager, the City has opposed the motion to dismiss filed on behalf of David Lawyer in this matter. Mr. Stitzel and Mr. Hafter have submitted to City Council for its consideration a memorandum dated December 6, 1996. Mr. Stitzel pointed out that it is clear that there is no statutory prohibition that requires a claim to be dismissed at this time. It is also the City's position that there is no constitutional prohibition against the Council proceeding in this matter at this time. The City Council has full authority to hear the evidence and evaluate the evidence that is presented. Mr. Stitzel contends that the City will provide evidence that is very clear as to what happened and the circumstances of what happened, if not specific dates, when it happened the approximate time period within which it happened and prove beyond the preponderance of the evidence which the City must do, that events did occur that fully purports with the requirements of due process in documenting that David Lawyer breached the standards of conduct applicable to an officer of the City of South Burlington Police Department. Mr. Cimonetti pointed out that the question for the City Council at this time is whether or not to take action on the motion to dismiss Corporal Lawyer. Mr. Chittenden indicated that he felt a need to hear the evidence, Mr. Austin suggested that they proceed with the evidence and Mr. Condos agreed. Mr. Cimonetti understood that both Attorney Blais and Attorney Stitzel had no objections if Council chooses not to take any action at this time but reserved the opportunity to take action on the procedure of dismissal at a later time. It is the decision of the Council that the decision will not take place at this time. Mr. Cimonetti asked if Corporal Lawyer would like to make an opening statement, Attorney Blais, indicated that his client will wait. Chairman Cimonetti stated that they will proceed with the presentation of evidence from the City Manager. Attorney Stitzel delivered exhibits marked A through U which are attached to a document entitled, "City Exhibit List," and Mr. Stitzel offers by agreement of the parties to the Council for its consideration of this matter. Mr. Stitzel will refer to the exhibits during the testimony. Mr. Austin accepted these documents and asked if there were any objections from Attorney Blais. Attorney Blais had no objection. City Attorney Stitzel called Bonnie Nichols to the stand. South Burlington City Council requested that any person called as a witness take an oath prior to their testimony. Chairman Cimonetti asked Ms. Nichols to remain standing and raise her right hand to take the oath. Attorney Stitzel conducted a direct examination of Ms. Nichols. Attorney Blais cross examined Ms. Nichols. Mr. Cimonetti asked City Council members if there were any questions. Mr. Austin asked a question of Ms. Nichols. Mr. Chittenden also had a question. Mr. Cimonetti asked a final question. Mr. Stitzel returned to ask Ms. Nichols a few more questions regarding specific incidents. Mr. Stitzel called Police Chief Lealand Graham to the stand. Chairman Cimonetti asked Chief Graham to remain standing and raise his right hand to take the oath. Chief Graham explained to Mr. Stitzel that based on the disposition drawn up by Detective Small and Bloom, Chief Graham's decision was that the allegations of sexual molestation were sustained. Chief Graham reviewed the investigative materials and referred this matter to a review board. The review board consisted of Lt. Hawke, Cpl. David Lavallee, Cpl. Ernie Rheaume. The review board reached the conclusion and unanimously agreed with the decision of the investigators. Chief Graham stated that, based on the investigation, the allegations were sustained. The action taken by Chief Graham following his conclusion, is that he made a recommendation to the City Manager to terminate the employment of David Lawyer. Chief Graham continued to request of the City Council to uphold the action of the City Manager in this case. Mr. Blais cross examined Chief Graham. Mr. Cimonetti asked Chief Graham a question. Mr. Austin asked some questions of the chief. Mr. Cimonetti asked more questions with Mr. Chittenden following with a few more questions. Mr. Blais asked for another opportunity to do some additional questioning of Chief Graham. Mr. Stitzel then followed with a few more questions. Chairman Cimonetti asked Attorney Blais and Attorney Stitzel if they would object to a 5-minute recess. Both agreed and asked that there be no conversation referring to the hearing during this recess. City Attorney Stitzel called City Manager Charles Hafter to the stand. Chairman Cimonetti requested that Mr. Hafter raise his right hand and take the oath. Mr. Hafter stated that he reviewed the records of the South Burlington Police investigation and the report of the review committee, held a hearing of Mr. Lawyer and his attorney, and met with Bonnie Nichols. Mr. Hafter's conclusion was that sexual molestation took place and that this was a violation of City and Police Rules and Regulations justifying termination of employment. Mr. Hafter then ordered the termination of David Lawyer from employment with the city. The recommendation to the Council by Mr. Hafter is to deny the appeal and uphold the termination order. Attorney Blais cross examined Mr. Hafter. Mr. Cimonetti asked if there were any questions from Council members. No questions were asked. Mr. Stitzel asked that the Council take official notice of the South Burlington City Charter which is law in the State of Vermont. Attorney Blais called David Lawyer to the stand. Chairman Cimonetti asked Mr. Lawyer to remain standing and raise his right hand to take the oath. Mr. Blais proceeded with his direct examination of Mr. Lawyer. Before City Attorney Stitzel cross examined Mr. Lawyer, he requested time to confer with Police Chief Graham. Mr. Stitzel proceeded with questioning. Chairman Cimonetti asked if there were any questions from the City Council. Mr. Austin asked several questions. Mr. Chittenden asked a question of Mr. Lawyer. Mr. Cimonetti asked a couple of questions of Mr. Lawyer. Mr. Condos asked a few questions. Attorney Blais returned to question Mr. Lawyer. Attorney Stitzel indicated that he had no other questions to ask of Mr. Lawyer. City Attorney Stitzel recalled Bonnie Nichols and Chairman Cimonetti reminded Bonnie of her previous oath and renewed them. Chairman Cimonetti offered both attorneys the opportunity to make closing comments. Rather than closing comments Attorney Blais indicated that he preferred preparing and presenting written findings. The time table decided upon by all members of Council and both Attorney Blais and Attorney Stitzel is that the exhibits will be presented to all Council members tomorrow (December 10, 1996) and the attorneys' written findings will be prepared and presented to the Council members no later than Friday, December 13, 1996. The Council members will hope to deliberate on these findings on Monday, December 16, 1996 with hopes of having a decision before Christmas day. Mr. Stitzel suggested to Council that they need to state specifically whether it concludes that the alleged conduct has occurred and it has to conclude whether or not that conduct violates the appropriate standards of a police officer for the City of South Burlington. Councilman Terry Sheahan made a motion to adjourn and move into executive session. Councilman Bob Chittenden seconded this motion. The motion passed unanimously. The meeting adjourned at 9:50 PM. Regular Session: The Council returned to regular session. Bob Chittenden moved adjournment. Jim Condos seconded. The motion passed unanimously. The meeting adjourned at 10:30 PM. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.