By Scott Taylor,Staff Writer

AUBURN – Both sides are claiming mild victories in the settlement of a labor dispute that grew out of Mayor Normand Guay’s arrest for drunken driving in August 2003.

Guay was never charged with OUI after being stopped by Auburn police on his way home from a council meeting. In the aftermath of the controversy, several police officers – including Officer Chad Syphers, president of the police union – were disciplined for alerting the media to Guay’s arrest and for laughing and cheering when he was arrested.

All but Syphers settled their disputes with the city. The union filed a grievance over his punishment and the dispute went to arbitration.

Among the findings this week was a decision to reduce Syphers’ six-month demotion by seven weeks and to remove six months of probation from his employee record. Syphers was demoted from detective to patrol officer. Dan Felkel, attorney for the police union and for Syphers, called this week’s ruling a split decision.

“We think it favors us somewhat, but not in everything,” Felkel said.

Arbitrator John C. Alfano found that Syphers violated city policy when he called newspapers and television stations and alerted them to Guay’s arrest. He also found that Syphers could not be disciplined for laughing when the mayor’s arrest was broadcast over a police radio.

However, Alfano did find that behavior “more than troubling,” said City Manager Pat Finnigan. “If we had had a policy that governed that behavior, taking obvious pleasure in a public figure’s situation, he could have been disciplined.”

Alfano also found that the city and Police Chief Richard Small were right to investigate the officers’ behavior, but that the investigation began too late. Syphers was hoping to have the investigation ruled unfair and have his punishment overturned.

Syphers has already served his punishment, and was returned to detective status in the spring of 2004.

“What this means is that for those seven weeks, he will have to receive his detective’s salary,” Felkel said.

Alfano’s decision puts an end to the matter, Felkel said.

“It is binding, so it is subject to extremely limited appeals,” he said. “I don’t think we can expect any appeals from this.”

Background

The dispute began in 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. They released an 80-page report in November 2003. The Police Department followed that with an investigation of its own. Chief Richard Small then disciplined nine officers, issuing letters of reprimand for most.

The union filed three grievances with the Maine 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.