GUILDERLAND — Police Chief James Murley’s voice sounded tired last night as he confirmed he was placed on paid administrative leave last Thursday.

"I’m sorry, really. I’m not trying to make this hard for you," he told The Enterprise. "I just can’t comment on this right now."

Town officials say they can’t give an answer as to why he was placed on leave, even though the matter has garnered widespread media attention.

"We just have to wait and see," Supervisor Kenneth Runion told The Enterprise yesterday. "Personnel matters have to be dealt with over some time."

Runion cited Murley’s privacy rights and the fact that it’s a "personnel issue" as the reasons why the town cannot legally comment on the situation.

Robert J. Freeman, director of the state’s Committee on Open Government, has repeatedly pointed out that the phrase "personnel issue" does not appear in the state’s Freedom of Information Law and is not applicable as a reason for withholding information.

The Enterprise has filed several FOIL requests, asking for, among other documents, the letter placing Murley on leave.

The silence has fueled rumors around town, which, Runion said, only hurts an investigation.

"I would really prefer to leave it as a personnel issue," he said.

Murley started as one of three or four officers with the police department in 1972, Murley said. As the suburban town grew — now with a population of nearly 35,000 — so did its police department — now with over 30 members.

Murley rose up the ranks, becoming chief. Usually a jovial man, he is known for his joking with staff members.

Pat House, a former town animal-control officer and long-time secretary to Murley at the police department, said she thinks Murley was a "great boss."

"He was my boss right from the word ‘go,’" House told The Enterprise. She retired in the late 1990’s after nearly a half-century with the town.

"I spent a good many years with him in that office"He was a really great guy," she said of Murley’s good-natured, and, at times, joking personality.

When asked if she heard about Murley’s administrative leave, she said, "Yeah, I’ve seen it all over the news."

Runion said the media coverage has been heavy and that he is surprised by the range of versions in the coverage. He says it started when the town sent out a press release announcing Murley was placed on paid administrative leave and that there would be no comment because it was a personnel matter.

Late Monday night, one local news crew even shone bright lights onto Runion’s Altamont home, he said, as they reported on the story and looked to the supervisor to comment on Murley’s leave. Runion said he saw it on the 11 o’clock news that night.

"We are trying to deal with this as quickly as possible," Runion told The Enterprise yesterday, "without stepping on anyone’s rights."

Lawlor’s in charge

Currently, the police department’s deputy chief assumes the duty of the chief when Murley is out for any reason, and this situation, says Deputy Chief Carol Lawlor, is no different.

"When he’s not here, I’m already in charge," Lawlor told The Enterprise this week. "Nothing is any different than if it is a sick day or whatever."

Runion said Lawlor has consistently stepped in for Murley when he is not available, saying, "She’s always been in charge" when he is not there.

Lawlor would not comment on Murley’s administrative leave this week, saying, legally, her hands are tied on the matter.

Lawlor has been the police department’s deputy chief for just over a year; she was appointed to the newly-created position in January of 2006. The position was created by the town board after Murley suggested to the board that a deputy chief was needed. He said at the time the position was needed to better manage the department, not to "hand over the reins."

Murley insisted that Lawlor was not being groomed for his position, and said, at the time, that he "was not going anywhere anytime soon."

Administrative leave

It is uncertain at this time how long Murley will be on administrative leave or why he was placed on leave in the first place. Town officials have all declined comment on the matter.

"Unfortunately it’s a personnel matter," Runion said. When asked about the procedure for putting a town employee on administrative leave, Runion said that the supervisor has the authority to do so without the consent of the town board.

"As the supervisor," he said, "I’ve done it previously."

Runion said, during his tenure as supervisor, since 2000, he has placed town workers on administrative leave "three or four times," but could not release the names or incidents because they, too, were "personnel matters." None of the leaves ended with an employee being fired, said Runion.

The Enterprise reported on one of those incidents in May of 2003 when the town’s chief fire inspector, Donald Albright, was arrested by Guilderland Police for giving alcohol to three teenagers at his house. Albright was also arrested for a similar incident 10 years before when he worked for the Guilderland School District. He resigned as the Guilderland school district’s health and safety coordinator shortly after being arrested in 1993.

In January of 2004, Albright pleaded guilty to three counts of endangering the welfare of a child and to unlawfully dealing with a child and was sentenced to serve 30 days in Albany County’s jail, pay a surcharge of $125, and serve three years’ probation.

Runion put Albright on paid administrative leave immediately after he was arrested.

Since then Albright has completed a counseling program, Runion said, and is still currently the town’s chief fire inspector.

Salary and absenteeism

Murley is currently paid a salary of $96,849, and will continue to be paid while on leave, according to Guilderland Town Clerk Rosemary Centi.

Those who hold positions of chief, deputy chief, and lieutenant are not part of the Police Benevolent Association and therefore not represented by the union, Runion told The Enterprise. The non-union positions are, however, covered by a Police Equity Bill, which states the positions get the same contractual pay raises as those of the highest-ranked union officers in the department, Runion said.

In Guilderland’s case, the highest union position in the department is that of sergeant, and the police department has been budgeted a 4-percent raise for 2007, according to the town’s budget.

Murley, Lawlor, and Lieutenant Curtis Cox will all get a 4-percent raise this year along with the rest of the department, said Runion.

Murley has experienced his share of absenteeism due to health problems in recent years.

In the fall of 2004, Murley missed 40 days of work due to Lyme disease, which he got from a deer tick bite. He was hospitalized several times before doctors were able to detect the Lyme disease, which had spread to his spinal cord.

During that time, Lawlor, then a lieutenant, also filled in for Murley.

The Enterprise has also observed on its frequent visits to the police barracks at Town Hall, that Murley is at times away from his office at intervals.

The Enterprise has filed a Freedom of Information Law request to learn the actual number of days Chief Murley has worked in the last five years.