Top cops threaten to take town to court



GUILDERLAND — Two police officers vying to be chief served a letter on the town, warning of likely legal action.
"Please be advised that I represent Acting Chief Carol Lawlor and Lieutenant Curtis Cox in connection with a matter that I expect will come before the Town Board in the near future," wrote attorney Paul Clyne to the town in a letter dated Feb. 11.

Guilderland’s long-time police chief retired last year after allegations had been made against him. Lawlor has been acting chief and Cox is second in command. The town board has yet to name a new chief, but the two recently-elected Republican councilmen have advocated widening the search beyond Cox and Lawlor and accused the Democrats of only looking in-house.
Clyne’s letter cites a quote from a Times Union blog entry posted by Republican Councilman Warren Redlich in which he refers to the two officers as "political flunkies." The Feb. 7 post also says that one police-chief candidate had eight lawn signs on his small parcel supporting the Democrats in the fall elections. And it references an officer’s appearance at the Democrat’s election-night event: "The appearance of court officials and police administration at a partisan event does not bode well for Guilderland," wrote Redlich.

Section 201-d of the state’s labor law, as noted in Clyne’s letter, protects employees from discrimination based on their political activities.
A letter dated four days earlier, on Feb. 7, from Democratic Supervisor Kenneth Runion to Redlich says of the councilman’s blog post, "The comment indicated a discriminatory bias against two members of the Guilderland Police Department." The letter goes on to cite the same section of law: "Unfortunately, as the Town’s Affirmative Action Officer," Runion, a lawyer, wrote, "I believe your comments" may be interpreted as a violation of Section 201-d of the New York State Labor Law which prohibits an employer from discriminating against individuals for their political activity or beliefs. Section 201-d authorizes individuals who are aggrieved to commence an action for equitable relief and damages."
There are a couple of "remedies" available to Lawlor and Cox, Clyne said on Wednesday. He named money damages or equitable relief, which would keep parties who have demonstrated an unfair bias against them from voting on their appointment.
Clyne, the former Albany County District Attorney, who has practiced mostly criminal law for the last 20 years, said that he has never seen someone who is in a position to vote on a Civil Service appointment say, before the test has been taken, "This person is not my cup of tea."

Both Lawlor and Cox are set to take the March 8 promotion-class Civil Service exam.
Redlich, a lawyer, isn’t opposed to either of the candidates from the Guilderland Police Department, he said. And, more than once, he said, "We just want an open process."
He doesn’t expect that any litigation will come, because, he said, the chief of police is a policy-making position and he cited a Second Circuit Court of Appeals ruling, summarizing it in an e-mail message, "Although a firing based on an employee’s political affiliation ordinarily is an infringement on First Amendment rights, ... the Supreme Court has indicated that, for some positions, political affiliation is a permissible employment criterion. In Rutan v. Republican Party of Illinois... the Supreme Court summarized the exception it had developed in Elrod and Branti: ‘In Elrod, we suggested that policy-making and confidential employees probably could be dismissed on the basis of their political views.’"
Redlich said he looked up that decision after the town board discussed Clyne’s letter in executive session on Tuesday night. The town board voted 3-2, along party lines, to hire attorney Claudia Ryan, for $175 an hour and a retainer not to exceed $2,650. Redlich said that he voted against the motion because, "We’ve got a bunch of lawyers on the board." In addition to Redlich and Runion, Councilman Paul Pastore is also a lawyer.

Runion, who voted for the motion, said that the town chose Ryan because she had worked with Guilderland before, so she’s familiar with the town’s policy, and she specializes in employment law.
"She represented us in the Murley case," Runion said. James Murley had been the town’s police chief for 30 years. He resigned in May after being suspended following charges of not keeping accurate attendance records, misconduct with vendors, sexual harassment, and violating the town’s ethics law. Lawlor has been acting as chief since his departure.
Lawlor and Cox sought a lawyer because they wanted "a fair playing field," Lawlor said yesterday. "I’m a believer of promoting from within if you have qualified candidates," she said. "You have two qualified candidates."

Other business

In other business at its Tuesday meeting, the board:

— Voted unanimously to authorize the highway superintendent to bid for items for use in 2008;

— Voted unanimously to grant permission to the residents of 3 Paden Circle to build a garage on part of a sanitary sewer easement. Superintendent of Water and Wastewater Management William West said that there would be no negative impact from the project;

— Voted unanimously to set a public hearing on the agency plan for the town of Guilderland Section 8 housing choice voucher program for 7:30 p.m. on April 1;

— Voted unanimously to waive the building permit fee at 403 Vesper Court since the home had been destroyed by fire;

— Voted unanimously to authorize the superintendent of the transfer station to go out to bid for the grinding and removal of yard waste for 2008;

— Voted unanimously to authorize the transfer station to hold two hazardous waste days at the highway department. One will be on May 17 from 8 a.m. to 2 p.m. and the other will be on Sept. 20 from 8 a.m. to 2 p.m. The transfer station will also participate in the Regional Electronics Collection Day on April 26 from 7a.m. to 1 p.m.;

— Voted unanimously to authorize the submission of a grant application with the state’s department of environmental conservation in the amount of $39,875 for conduct of two hazardous waste days and participation in the Regional Electronics Collection Day;

— Voted unanimously to approve the designation of Menger Lane as a private road, which will help sort out confusion for 911 calls between two residences with similar addresses;

— Voted unanimously to appoint Thomas DeLeon as director of emergency services from the Albany County Civil Service list;

— Voted 4-0, after Redlich recused himself because he has practiced law in Guilderland Town Court, to appoint John Thornton as a part-time court attendant;

— Voted unanimously to appoint Joseph M. Normandin as a police officer as a lateral transfer to fill a vacancy, effective March 3; and

— Voted unanimously, after discussion in an executive session, to promote Officer Eric Batchelder to sergeant from the Albany County Civil Service list, effective Feb. 25.