Feb. 29, 2012

By Luke Baynes

Observer staff

 

An internal investigation of the Williston Police Department conducted in 2011 by former Burlington Police Chief Thomas Tremblay has revealed a department divided by allegations and strained by an atmosphere of “anger, distrust, frustration and fear.”

The release of the Tremblay report to the media on Feb. 27 comes in the wake of Detective Sgt. Bart Chamberlain’ s Feb. 6 appearance before the Williston Selectboard to request that a letter of discipline be removed from his personnel record.

Among the allegations made by Chamberlain at the Feb. 6 hearing were that former Police Chief Roy Nelson failed to appropriately respond to several department matters — including an incident involving a missing bag of cocaine and a 2010 traffic fatality involving a Williston resident.

The following timeline is based on information contained in the Tremblay report, a 2010 report by Attorney Colin McNeil, exhibits presented at the Feb. 6 Selectboard hearing and previous Williston Observer reports:

April 26, 2009: The son of police dispatcher Deborah Davis is arrested by Officer Joshua Moore on a charge of driving under the influence.

March 18, 2010: Acting Police Chief Bart Chamberlain is placed on administrative leave due to complaints that he engaged in an inappropriate relationship with Davis and used department funds to travel to Texas with her for a police conference. Private investigator James Cronan is placed in charge of the inquiry.

April 2010: Chamberlain signs a confidential agreement with the town that removes him as acting chief and returns him to active duty with the rank of detective sergeant.

April 2010: Doug Hoyt is hired as interim police chief.

July 2010: Roy Nelson is hired as police chief.

Sept. 2010: A bag of cocaine disappears from Detective Michael Lavoie’s desk on a Friday and is discovered the following Monday sitting next to the desk.

Oct. 18, 2010: Williston resident Dale Holcomb, 73, strikes a utility pole with his vehicle on Vermont 2A near Hurricane Lane after two prior interactions with members of the Williston Police Department earlier in the evening. He is pronounced dead the following morning at Fletcher Allen Health Care in Burlington.

Oct. 21, 2010: Chamberlain sends a letter to Nelson, alleging discrepancies between Moore’s report of the Holcomb incident and police cruiser video from that evening.

Dec. 1, 2010: Attorney Colin McNeil is retained by the town to investigate the Holcomb incident.

Dec. 13, 2010: McNeil issues a memorandum to Nelson and Williston Town Manager Rick McGuire, in which he concludes: “Officer Moore’s report is consistent with facts and information we gathered from the materials you presented to us,” and “it is our opinion that neither Officer (Keith) Gonyeau nor Moore were derelict in their duties in investigating this incident and that both acted appropriately pursuant to the circumstances presented.”

Dec. 22, 2010: Nelson issues a letter addressed to no one concurring with the findings of McNeil’s report.

Jan. 13, 2011: Davis and Chamberlain meet with McGuire. Among Davis’ assertions to McGuire are that Nelson threatened to reopen the investigation that occurred during Chamberlain’s administrative leave unless Davis dropped her formal grievance that she was unfairly demoted within the department’s dispatch hierarchy. Chamberlain, among other complaints, asserts that Nelson said he would “come after” him if he didn’t persuade Davis to rescind the grievance.

Jan. 18, 2011: Officers Moore, Justin Huizenga and William Charbonneau, along with Administrative Assistant Millie Whitcomb, submit written complaints about Chamberlain to Nelson, alleging that he used his supervisory position to harass employees and acted in a manner that was hostile and/or retaliatory since his demotion from acting chief.

Jan. 2011: Chamberlain meets with Chittenden County State’s Attorney T.J. Donovan. He discloses information about the Holcomb incident and the missing cocaine.

Jan. 2011: Thomas Tremblay is retained by the town to work with the law firm of McNeil, Leddy & Sheahan P.C. — a firm that has represented the town on labor issues — to investigate the complaints Moore, Huizenga, Nelson and Whitcomb filed against Chamberlain, and the complaints Chamberlain and Davis filed against Nelson.

Feb. 4, 2011: Nelson informs Tremblay of an additional complaint by Davis against Charbonneau and Sergeant Scott Graham, which alleges that they inappropriately ran her son’s name through the department’s computer aided dispatch system and the National Law Enforcement Telecommunications System on Feb. 2, 2011 without just cause.

THE REPORT’S CONCLUSION

On May 10, 2011, Tremblay provided a complete report of his investigation. Among his conclusions:

—  “Retaliation against Officer Moore is suggested based on Sergeant Chamberlain’s unwillingness to consider the Holcomb matter closed and the timing of his allegations, especially in light of the fact that others that have reviewed the matter can’t see a basis for Sergeant Chamberlain’s continued allegations.”

— “There is insufficient evidence to suggest that Chief Nelson is specifically targeting or threatening Sergeant Chamberlain and Ms. Davis.”

— “The evidence supports a legitimate law enforcement reason for running (Davis’ son’s) record, as well as other records that Sergeant Graham and Officer Charbonneau ran. There is no evidence to suggest that (Davis’ son’s) record was run to harass Ms. Davis, or her son, but it does provide an example of the level of suspicion and lack of trust within the organization.”

EVENTS SINCE THE REPORT

June 14, 2011: Nelson takes an indefinite leave of absence to undergo cancer treatment.

Sept. 26, 2011: Hoyt is brought back as interim police chief.

Oct. 26, 2011: McGuire sends a disciplinary letter to Chamberlain, in which he states: “I have determined that you engaged in behaviors that were intended to undermine and discredit your superior officer, the Chief of Police, and Officer Moore, in violation of various Town of Williston policies and General Orders.”

Jan. 23, 2012: Citing uncertainty about his future health and his desire to be closer to family in Connecticut, Nelson submits his letter of resignation, effective Jan. 31, 2012. McGuire announces that the recruitment process for a new police chief will begin immediately, with the goal of having the position filled by June 1.

Feb. 6, 2012: Chamberlain, represented by Attorney John Franco, appears before the Williston Selectboard to request that the disciplinary letter be removed from his personnel record. The matter is still pending.

LOOKING AHEAD

McGuire told the Observer on Monday that the Tremblay report should be viewed in the context of the time period it deals with (April 2009 to May 2011), and that the department has since made improvements to operations and morale.

“The department has many good officers and non-uniformed personnel. They’re hard-working professionals and they’re dedicated to serving the community,” McGuire said. “Some of the actions addressed in the report did reflect inappropriate behavior by more than one employee, and we addressed that behavior through various types of disciplinary action.”

However, McGuire acknowledged that improvements must continue.

“There is a need for change within the department,” he said. “This is where the new chief will come in. He or she is going to be charged with the responsibility of continuing to expect more and implement various changes necessary if we want to continue moving toward a larger and more professional department.”

Interim Police Chief Doug Hoyt, who spoke to the Observer on Tuesday, echoed McGuire’s sentiments.

“I’d be personally dishonest if I didn’t indicate that there are still some hard feelings (within the department), and I think it’s incumbent upon management to do what it can to try to get the workforce focused on their primary mission,” Hoyt said. “But the calls are still being answered, they’re being answered in an appropriate way and by people who really care.”

Observer photos by Marianne Apfelbaum

U.S. Sen. Bernie Sanders (I-Vt.) held a roundtable discussion on Feb. 18 with finalists in the second annual State of the Union essay contest at the Vermont Public Television studios in Colchester. More than 300 students from 30 Vermont high schools entered the contest and shared their thoughts on the major issues facing the nation. Each child’s essay was made part of the permanent Congressional Record, and each was given a plaque by Sen. Sanders with their essay on it. Among the essay contest finalists from Champlain Valley Union High School, which had the largest number of essay finalists, were Kate Raszka, Alden Fletcher, Zach Holman, Julienne DeVita, Hannah Apfelbaum, Emma Hamilton and Erin Clauss.

 

Courtesy photos by Dave Yandell

The Champlain Valley Union boys hockey team lost to Essex 2-0 on Feb. 18.

‘The Oscars’

Feb. 23, 2012

By Michael S. Goldberger

Special to the Observer

 

 

Editor’s Note: The following essay, believed to be written by the Observer’s film critic, was found in a Snapple Diet Raspberry bottle retrieved from a nearby river. No direct explanation regarding its origin or intent was given. It is reprinted here in its entirety.

 

Recently I pondered, ‘twas the week before the Oscars, and perusing the nominations I grew weary. Came again that time when the film critic is relegated to mere handicapper, tossed to the madding crowd as a sacrificial lamb, a blood payment for the privilege of pontificating 52 weeks ad nauseam. Get ‘em right or else, Boy-o.

Pick a few wrong and they grumble like the burghers fixing to do-in Frankenstein. Tar and feather futures rise. I ask, is it worth it? From blank Word program I gazed out at the reward for my toils, styled after Versailles…maybe a little bigger. But is it worth it?

Mr. O’Casey, my resident Bugatti expert, paused from his polishing and peered through the leaded glass with a kindly look. He knew what ‘twas afoot, having campaigned through it, year after year. I cracked open the window. In his distinctive brogue he assured, “Don’t worry sir. Stiff upper lip now. Something will come up… always does.”

But if the deus ex machina were to be a part of this story, it was painfully tardy. Another minute passed. And then, because this essay can only be just so many paragraphs, came a tapping at my door. I begged the tapper to enter. In he came, creepy as the Phantom of the Opera, announcing, “Raven’s the name. Status quo is the game.”

“Raven?” I mused, “as in Edgar Allan Poe?”

“Who’s he?” Raven retorted, adding, “I go by many names.”

“Yeah, why is that…why do you guys always go by many names?”

“Never mind,” quoth the Raven, “I’m here to help you pick the Oscars right, er, I mean correctly. That is, assuming you are a man of good judgment, if you get my meaning. Nice place you have here. Looks like Versailles, only a little bigger. I see my little mortgage, oops, I mean the mortgage disaster, didn’t hurt you any. Interested?”

“Well, I have always depended on the kindness of strangers. But what’s in it for you if you aid me in my choices?”

“Oooh, don’t use the word aid. Gives us the willies. What’s in it for us, you ask? Nothing my friend, nothing but the satisfaction of exposing a world conspiracy, emanating right here in River City, the good old U.S. of A. Here’s the deal, Goldberg. The awards, given out by those, uh, Hollywood types, are mere code, a signal in the plot to take over the world…each award standing for a specific part of their mantra, intended to wrest the globe from its rightful heirs.

“Wow, I always thought it was just a scheme to sell movie tickets and put on a boring, self-congratulatory show. By the way, it’s Goldberger, not Goldberg. You forgot my er.”

“You mean they haven’t even let you in on it, your so-called caring friends? Humph. The next thing you know they’ll turn your slightly bigger version of Versailles into affordable housing. Join us, do this thing, and you can have even another er at the end of your name…’Goldbergerer, the Defender of the Faith.’”

“Gee, I don’t know. Can you give me an example of this secret cipher?”

Angrily, he replied, “What don’t you know, man? Where Mr. O’ Casey will find another Bugatti enthusiast, or perhaps where you’ll be able to buy a Hyundai Accent? It’s right in front of you. You don’t have to be a cryptologist to read into the winners of Best Motion Picture of The Year and Best Performance by an Actor in a Leading Role. It’ll be ‘The Artist’ and the guy who played its title character, Jean Dujardin. Foreigners. No U.S. birth certificate. Get it?”

“Gosh, seems a little farfetched…what about Best Actress in a Leading Role?”

“Old sport, it’s as obvious as the nose on your face…no slur intended. It’ll be Viola Davis for ‘The Help.’ That’s to make folks feel bad for what they contend happened in The South years ago. Heck, you weren’t even there. But it’s a symbol for more equal opportunity stuff and ridiculous jobs program designed to pick our pockets.”

Chuckling at the absurdity, I offered, “I guess Max von Sydow will win Best Supporting Actor because, anagrammatically, the letters T, A and X, and M, O, N, E, Y, E, and D, as in ‘tax the moneyed,’ can be formed from Max Von Sydow in ‘Extremely Loud & Incredibly Clear.’”

“Exactly. By Jove, I think you’ve got it. See how they work? Sly. But they get even sneakier in the Best Supporting Actress category, using letters from both Bérénice Bejo in ‘The Artist’ and Melissa McCarthy in ‘Bridesmaids’ to spell out Obamacare.”

Incredulous at the speciousness of his deductions, I intoned, “So, I imagine Mademoiselle Bejo wins because her name is listed previous to her competition, the pre in previous signifying no more denying health benefits for pre-existing conditions.”

“See…see how easy it is once you understand their agenda? Plainly, you think like them. You could be valuable to us beyond this little job. Now, figure out why Michel Hazanavicius will win for Best Director and maybe we’ll run you for Congress in some really backward whistle stop.”

“I don’t know…because Hazanavicius really means Global Warming in ancient Sumerian?”

“No…that’s a little too nutty, even for us. This one’s simply because the Academy rarely splits the Best Motion Picture and Best Director winners. That’s all.

Mr. Raven then proceeded to enumerate the remaining winners, showing how in each case it surreptitiously signified an element of the Liberal Agenda, a rallying cry he likened to “a silent dog whistle to the proletariat.” They are:

• Screenplay Written Directly for the Screen — “Midnight in Paris”
• Screenplay Based on Material Previously Published or Produced — “Moneyball”
• Animated Feature Film — “Rango”
• Foreign Language Film — “A Separation”
• Cinematography — ”The Artist”
• Editing — “Hugo”
• Art Direction — “Hugo”
• Costume Design — “The Artist”
• Makeup — “The Iron Lady”
• Original Score — “The Artist”
• Original Song — “Man or Muppet,” “The Muppets”
• Sound Mixing — “Hugo”
• Sound Editing — “Drive”
• Visual Effects — “Hugo”
• Feature Documentary — “Paradise Lost 3: Purgatory”
• Documentary, Short Subject — “Saving Face”
• Animated Short Film — “The Fantastic Flying Books of Mr. Morris Lessmore”
• Live Action Short Film — “Tuba Atlantic.”

Following his listing, a frightening rant sometimes punctuated by a violent banging of his fist against my lectern, his hair flopping against his forehead, his odd little moustache bristling, he turned his steely, vacant eyes to me and asked, “So, can we count on you to out the foe, to show them for what they are by disseminating these picks?”

Saying nothing, I walked out the door and strolled along the cobblestone path to view, perhaps for one of the very last times, my Little Versailles, albeit a few acres larger. Spotting me, Mr. O’Casey, exhibiting an uncanny prescience, called out, “Don’t worry Mr. G. There’s plenty of work for an 80-year-old Bugatti expert. I’m sure there is.”

He continued his supportive exhortations. And, as I became but a spot in the distance, practically out of earshot, it sounded as if he were summing it all up when he weepily recited, “It is a far, far better thing that I do, than I have ever done; it is a far, far better rest that I go to than I have ever known.”

 

Feb. 23, 2012

 

BOYS BASKETBALL

Thursday: NORTH COUNTRY, 6:45 p.m.

End regular season

 

GIRLS BASKETBALL

Friday: at Essex, 7:45 p.m.

Tuesday: RICE MEMORIAL, 5:45 p.m.

 

GYMNASTICS

Saturday: State Meet at Essex High School, 2 p.m.

 

BOYS HOCKEY

Saturday: COLCHESTER, 7:45 p.m.

End regular season

 

GIRLS HOCKEY

Saturday: at Essex, 1 p.m.

End regular season

 

ALPINE SKIING

Thursday: NVAC slalom at Smuggler’s Notch

 

NORDIC SKIING

Thursday: State Meet at Jericho Firing Range, Time TBA

Tuesday: State Meet at Grafton Pond, Time TBA

 

WRESTLING

Friday and Saturday: State Meet at St. Johnsbury Academy

 

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Schedule subject to change