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Weston police chief's performance under fire
Round two: Witnesses testify in support of chief
Mar 21, 2007
by PATRICIA GAY
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| Mimi Swerdlowe is sworn in by a court reporter, as Police Commissioner Jess DiPasquale looks on. (Patricia Gay photo) |
Three witnesses were called to support the Weston police chief’s use of a town-owned vehicle in the second session of a termination hearing called by the Weston Police Commission to consider the dismissal of Police Chief Anthony Land.
At the end of the session, which was held Tuesday, March 20, in the Meeting Room at town hall, the chief’s attorney, Leon Rosenblatt, asked for a continuance so he can call more witnesses. The hearing was continued to March 27 and March 28, if needed. (See related story here for an account of the first session of the hearing.)
Initially, Mr. Rosenblatt tried to call Police Commissioner Rick Saltz as a witness, and then Commissioner Wally Marcus. The town’s attorney, David Zabel, objected, stating the persons sitting in judgment should not also be called as witnesses. The commission voted to sustain the objection and the commissioners did not testify.
Mr. Rosenblatt proceeded to discuss things he believed those commissioners would have said had they testified.
After a brief recess, Mr. Rosenblatt called George Guidera, Mimi Swerdlowe, and Don Gary to testify about what the Police Commission gave as its second ground for dismissal: “Whether the chief was untruthful in his communications with the Police Commission regarding personal use of the car provided to him by the police department, and in his communication to the Police Commission regarding the accident in which the chief was involved on July 2, 2006.”
According to a police report, on July 2, Chief Land was involved in a motor vehicle accident in a town-owned car on Route 7 in Ridgefield, while accompanied by a civilian, Mimi Swerdlowe.
The chief claimed at several commission meetings that he was using the car for town business and was following a tip about the possible sighting of a man who fit a composite description of a suspect wanted on a sexual assault charge.
The chief also claimed he had the right to use the vehicle 24/7 for both business and personal use.
Witnesses
The first witness was George Guidera, former Weston first selectman, who said he also acted as counsel for Chief Land in December in a disagreement the chief had with the town.
Mr. Guidera testified he was first selectman in 1993, at the time when the Board of Selectmen approved a policy regarding the chief’s use of a town-issued vehicle.
He said the selectmen developed a policy about the use of town vehicles, not just for the sake of the chief, but for other employees who used them as well. He acknowledged that minutes from a selectmen’s meeting in 1993 set out a policy that allowed the chief to use a town vehicle 24 hours a day, seven days a week, but also prohibited the chief from using the vehicle for personal use.
However, Mr. Guidera testified that in order to fully understand the policy, one had to apply “the rule of reason.”
He said it was not just the written policy, but the “intent behind it” that needed to be taken into account. He said when the selectmen decided to limit the chief’s use of the vehicle, Don Gary (who was on the Police Commission at the time) and another police commissioner said they wanted the chief to have use of the vehicle when he was in nearby towns because, in case of an emergency, it was the only way to communicate with the chief.
Mr. Guidera said that argument sounded reasonable to him, so he told the commissioners the chief could use the vehicle, even for personal business, as long as it was nearby. “I didn’t want him to take a trip to Gettysburg or somewhere far away, but I had no problem with the chief using the vehicle for personal business locally,” he said.
On cross-examination by Mr. Zabel, Mr. Guidera acknowledged that the written vehicle use policy expressly stated personal use of the vehicle was not allowed. Mr. Guidera said he had expected Mr. Gary to explain to the chief that he could use it for personal business if it was local.
The second witness was Mimi Swerdlowe, the passenger who was with Chief Land at the time of the accident on July 2. Ms. Swerdlowe said she and Chief Land have been living together in Weston for three years.
On the day in question, Ms. Swerdlowe said the chief invited her to go along with him to look for the sexual assault suspect because “it was a beautiful day out” and the suspect might be outdoors because it was so nice.
She said she was not in the habit of accompanying the chief on business and had only been in the vehicle one other time. She said they drove up Route 7 to two different Days Inns, because the person giving the tip said a man matching the suspect’s description was seen at a Days Inn, and there were two on Route 7.
Ms. Swerdlowe said the chief drove around the parking lots but did not see anyone matching the suspect’s description. Afterwards, they decided to go to a flea market, “because we were three-quarters of the way there already and it was a beautiful day,” Ms. Swerdlowe said.
On cross-examination, Mr. Zabel asked Ms. Swerdlowe if she was providing a police function that day. Ms. Swerdlowe said she was not, and went along just to accompany the chief.
The third witness was Don Gary, who was on the Police Commission from 1981 to 2001. His testimony was very brief. He said it was his understanding the chief was allowed 24/7 use of the vehicle, as was the chief’s predecessor.
On cross-examination, Mr. Zabel asked if Mr. Gary ever advised the chief about whether the vehicle was to be used for personal or business use. Mr. Gary said he advised the chief he had 24/7 use of the vehicle, which Mr. Gary understood to mean the chief could use it for personal business while “in the area” but it could not be used on longer trips.
Mr. Gary’s testimony concluded shortly before 11 p.m., and because of the late hour, Mr. Rosenblatt asked for a continuance of the hearing so he could call more witnesses. The hearing was continued to March 27 at 7:30 p.m. in the Meeting Room at town hall, and March 28, same time and place, if needed.
© Copyright 2007 by Hersam Acorn Newspapers |
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