Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Disciplinary Proceedings topic
No spam. Unsubscribe anytime.
State Police Commission Dismisses Three Appeals After Bankruptcy Trustee Says Settlement Was Approved
Summary
The State Police Commission voted to dismiss three disciplinary appeals brought by Paul Cavalier after a bankruptcy trustee and the Office of State Police told the commission a mediated settlement was approved and the trustee had authority to release the claims.
The State Police Commission voted on Dec. 12 to dismiss three disciplinary appeals involving Paul Cavalier after the Office of State Police and a bankruptcy representative said a mediated settlement was consummated and approved by the bankruptcy court.
The commission's agenda identified the matters by docket numbers; the Office of State Police presented a motion to dismiss the appeals as moot and provided exhibits tied to federal court rulings and the settlement agreement. A representative for the State Police said the settlement resolved the disciplinary matters before the commission.
David Messina, who participated by Zoom and submitted the bankruptcy court papers, told the commission the bankruptcy approval order states that the lawsuits and claims set forth in the receipt-and-release agreement "are property of the bankruptcy estate, and as such, the trustee has the sole right and exclusive authority to sign and enter into the release agreement." Messina said the trustee'approved settlement was authorized by the bankruptcy court and that any limited objections filed did not prevent consummation of the settlement.
Commissioners asked whether the bankruptcy approval order expressly addressed this commission's jurisdiction over the disciplinary appeals. Messina responded there was no separate bankruptcy ruling about the commission's jurisdiction and that the commission should look to the text of the settlement agreement attached to the bankruptcy filings for guidance.
After discussion and an executive-session procedure to consider allegations tied to the matters, a commissioner moved to grant the Office of State Police's motion to dismiss; the motion was seconded and passed by voice vote. The chair announced that the matters were dismissed and that they had been returned to the commission docket earlier in the meeting before dismissal was granted.
The commission record on Dec. 12 shows the Office of State Police and the bankruptcy filings as the basis for dismissal; the commission did not issue a written opinion on jurisdiction at the time of the vote and did not record an individual roll-call vote in the public transcript.
