By Scott Taylor,Staff Writer

AUBURN – Almost two years later, city, union and state officials could be ready to end the anguish surrounding Mayor Normand Guay’s OUI arrest.

City and the Auburn police union attorneys will meet Thursday, July 21, with Maine Labor Relations Board mediator John C. Alfano to begin binding arbitration of grievances surrounding Guay’s August 2003 arrest.

The hearing should last two days, according to attorney Dan Felkel, representing the police union. Both sides have 30 days to file a brief outlining their arguments. Alfano is expected to issue a decision after that – putting off a final settlement of the matter until late August.

Attorney Dan Stockford, representing the city, declined to comment.

Arguments go back almost two years to August 2003, when police arrested Guay after a contentious City Council meeting. Guay and councilors squared off against police, who were protesting the lack of a union contract.

Off-duty officers saw Guay return briefly to the city building after the meeting before continuing on his way home. They alerted on-duty officers that Guay appeared drunk, and officers pulled him over on his way home and took him into custody. Although Guay passed a Breathalyzer test and was never charged, officers maintained they were correct in arresting him.

The city hired outside attorneys to review the arrest later that month. Those attorneys released an 80-page report in November 2003. The Police Department followed that with an investigation of its own. Police Chief Richard Small then disciplined nine officers, issuing letters of reprimand for most. Officer Chad Syphers, then president of the union, was demoted to patrol officer briefly.

The union filed three grievances with the state Labor Relations Board. The first claimed that the discipline aimed at six of the officers was unfair. Another argued that demoting Syphers was unfair. The last argued that the investigation began too late, after the 80-page report was finished, and any discipline based on it should be voided.

The city had asked Justice Ellen Gorman to prevent arbitrators from considering that grievance, saying arbitration hearings should be limited to questions of wages, hours or working conditions, based on the city’s labor contract. Gorman ruled in December there were no limits in the contract, however.