Court rejects former police chief’s appeal

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July 2, 2009

By KIM SMITH DEDAM The Press Republican Thu Jul 02, 2009, 05:37 PM EDT

SARANAC LAKE — State appeals court dismissed a claim filed by former Saranac Lake Police Chief Donald Perryman challenging his 2007 termination.

Lori Cantwell, attorney for the village, said the ruling issued today upholds the trustees’ decision to fire Perryman after a hearing officer found he had attempted to cover up an accident involving two Saranac Lake officers.

Perryman filed the Article 78 lawsuit in May 2007, charging the board’s action was “arbitrary and capricious.”

His legal actions stem from an investigation into an October 2005 car accident in which two Saranac Lake police officers, Sgt. Bruce Nason and policeman Casey Reardon, went off the road and hit a guide rail while driving home from a training seminar in Plattsburgh.

The two officers admitted having four drinks between noon and 4 p.m. that afternoon.

Nason and Reardon were driven from the accident scene by village officers, and Perryman stymied State Police from assisting in the investigation, even though the crash occurred beyond village limits.

Hearing officer Robert Hite found 12 counts of misconduct against Perryman.

The Article 78 challenge was argued in February, Cantwell said.

“We’ve been awaiting a decision. And today the decision to terminate Perryman was upheld as just and appropriate.”

The eight-page court document said investigation found it “undisputed that (Perryman) directed another village police officer to drive the two officers to their homes.

“In addition, (Perryman) arranged to have the car towed from the scene of the accident without ascertaining whether the State Police approved.

“The testimony of then Essex County District Attorney Ronald Briggs also established that (Perryman) called him and gave him misleading information in an effort to obtain his approval rather than the State Police.

“Additionally, in direct contravention to the village employee drug-free workplace policy, (Perryman) advised the officers that he could not compel them to submit to alcohol testing.”

The decision ends nearly four years of legal wrangling over the accident and its handling.

Nason and Reardon were suspended for six months without pay while the incident was investigated by the union.

Nason was hired as chief of police for Saranac Lake in July 2008.

E-mail Kim Smith Dedam at:

kdedam@pressrepublican.com