Luibrand to hear case
Chief charged with harassment



GUILDERLAND — The town board on Tuesday night appointed Kevin Luibrand to hear the case of Guilderland’s suspended police chief, James Murley, who now faces a fourth charge — sexual harassment.

The unanimous vote was taken after an executive session.

Supervisor Kenneth Runion told The Enterprise yesterday that Luibrand was selected because "he’s an attorney familiar with the law; he’s done Section 75 proceedings in the past," said Runion, referring to a section of Civil Service Law dealing with disciplining employees.

The administrative hearing, over which Luibrand will preside, could result in a range of recommendations, from a determination that the charges are without merit, up to a recommendation for dismissal.

Although Murley has declined commenting to the press on the advice of his lawyer, William J. Cade, Cade told The Enterprise last week that Murley will be fighting the charges and has no plans to retire. Cade lauded Murley’s decades of service to the town and questioned the validity of the charges.

Murley, 60, has been with the Guilderland Police Department since 1972. His deputy chief, Carol Lawlor, is now acting chief.

The town board met in closed session last Thursday to discuss a report on the initial complaint against Murley, sexual harassment, filed by a department head on Feb. 5.

The town had hired Claudia Ryan, an attorney specializing in employee relations, to investigate the sexual-harassment charge, which led to three other charges. Murley was placed on paid administrative leave from his $96,844-a year job on Feb. 8. He was suspended without pay on March 9.

Last Thursday, Runion said, the board looked at the report submitted by Ryan and followed her recommendation to proceed with disciplinary action on violations of the town’s sexual harassment policy.

Murley is now charged with: misconduct in connection with interaction with a vendor; violations of the town’s ethics law, involving interactions with other town employees; misconduct regarding the maintenance of complete and accurate attendance and leave records; and violations of the town’s sexual-harassment policy.

The charges are all administrative disciplinary matters, Runion said earlier; none of them are criminal charges. The case is currently under review by the Albany County District Attorney’s Office, which is working with the town and the State Police, Heather Orth, spokeswoman for the district attorney, told The Enterprise last week.

Runion declined to say which parts of the town’s sexual harassment policy Murley is accused of violating. The policy prohibits unwelcome sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature that interferes with an employee’s work or creates an intimidating or hostile work environment.
At its meeting last Thursday, the town board also agreed to hire Brian O’Donnell to present the town’s case at the disciplinary hearing. O’Donnell was chosen, said Runion, because "he’s a local attorney who specializes in labor relations work."
"Everyone we’ve hired for this is an independent person," said Runion, indicating they have no ties to the town.
Runion said earlier that he, himself, had known Murley for 25 years and it was "a very difficult process" for him to go through.
"We decided we would retain independent representatives on each aspect of the case," he said.
O’Donnell will serve the new charges this week, Runion said, and Murley has eight days to respond. "We’re hoping to have the hearing scheduled within a month of the original charges," he said, which was March 9.

The hearing date will be arrived at by the attorneys, he said.
Asked about various accounts in the media, giving specifics on the charges, Runion said he didn’t know who was leaking the information. "Something starts as a rumor," he said. "It builds and changes"It could be someone talking to an employee or a former employee who thinks they know what’s going on."
Runion concluded, "The investigation is now complete" He anticipates no further charges, he said.

Other business

In other business at its March 20 meeting, the town board, by unanimous vote and with little or no discussion:

— Appointed Kimberly Jones as a member of the Board of Assessment Review, with a term that expires Sept. 30, 2011;

— Appointed election custodians and party representatives for 2007;

— Appointed Todd Robert as a telecommunicator from the Albany County Civil Service list;
— Authorized release of escrow for the Bowers subdivision on Fuller Station Road. The town’s Department of Water and Wastewater Management is holding $252.16 and interest, said Runion, and "all work has been completed in satisfactory manner"; and

— Declared itself lead agency and issued a negative declaration in accordance with the State Environmental Quality Review Act for the new Tawasentha Park footbridge that will cross the Normanskill.

The bulk of the brief meeting was spent honoring the Guilderland High School Co-Ed Varsity Cheerleaders.

Runion lauded them for winning a national championship for the second year in a row at Disney World in Florida; they then came home, he said, to win the Suburban Council Competition.
"Thank you for all the support from the town of Guilderland, all the people and all the businesses that helped us get down to Florida," said cheerleader Nick Zanotta.

Each cheerleader was presented with a certificate and then they posed before the town seal as friends and family snapped pictures and applauded.