|
The Village of
Saranac Lake’s decision to fire its chief of police in 2007 has been
upheld by a state appeals court.
The Appellate
Division of State Supreme Court, in a unanimous ruling issued
Thursday, found there was substantial evidence to support the
board’s decision to terminate Donald Perryman Jr.
The village’s action
was based on the recommendation of hearing officer Robert Hite, who
presided over a disciplinary hearing against Perryman in October
2006.
Hite
found Perryman engaged in “willful, deceitful conduct” in an attempt
to cover up an October 2005 car crash involving a pair of village
police officers who had consumed alcohol before the accident.
The court
ruled that there was “credible” evidence presented at the hearing
that Perryman tried to conceal the fact that the officers had been
drinking from investigating authorities and failed to conduct an
internal investigation of the incident.
“We find that there
was substantial evidence supporting Hite’s report and
recommendations and, therefore, that the board’s decision to
terminate [Perryman] was also supported by substantial evidence,”
reads Thursday’s decision.
The appeals court
also rejected arguments by Perryman’s attorney, Marsha Purdue of
Glens Falls, that the board hadn’t properly designated Hite as the
hearing officer. She had claimed the motion to appoint Hite failed
to gain a three vote majority of the board.
Purdue had also
argued that the village board had failed to review the hearing
record due to its size and the fact that Hite’s report and
recommendation was received just one day before the board voted on
it. But that argument was also rejected.
Trustee John McEneany
was the only member of the board whose tenure spanned the incident
that led to Perryman’s suspension, his disciplinary hearing and the
decision to fire him. He said he was pleased the court upheld the
board’s action. “The village carefully executed the entire process
as far as the investigation and the outcome of that investigation so
that no one’s rights were trampled on,” he said.
Since Perryman was
fired, McEneany said the village and the police department have
moved forward. Bruce Nason, who was suspended without pay for six
months for his role in the 2005 car crash, took over as police chief
in July of 2008.
McEneany said he’s
hopeful the ruling means the incident can finally be put in the
past. “I hope we would,” he said. “It’s been a long, drawn out
affair. Mr. Perryman has the right to defend himself and hopefully
this will give closure to it.”
Village Manager Marty
Murphy said the decision means its time for all sides to move on.
“I think the village board at the time and their legal counsel had
always remained confident throughout this process that they had
acted appropriately and taken appropriate steps to resolve the
matter,” he said.
Perryman’s mother
said her son was out-of-state and couldn’t be reached. His attorney
did not return two messages left at her office.
Village Mayor Tom
Michael didn’t immediately respond to phone messages Thursday.
-Chris Knight, 7-3-09
|