METHUEN - Police Chief Joseph Solomon believes a $25,610 pay cut has damaged his reputation in the community, may cause him to lose his house and smacks of undeserved discipline.
That was his lawyer's argument before a Lawrence Superior Court judge yesterday in an effort to keep Solomon's $158,295 annual pay intact until a trial can be held.
"The inference to the public because of the pay cut (is that) he's done something wrong," said lawyer Robert Minasian. "Facts will prove he's done nothing wrong. He's a good public servant."
Judge Thomas Murtagh could rule as early as today whether Solomon's expired contract - and the added pay that went along with it - should remain in effect until the case goes to trial. If his pay is cut, he will make $132,685 a year.
Murtagh did say he wouldn't consider Solomon's personal finances because he offered no proof in yesterday's hearing.
"The fact is, I'm not sure I've heard anything that tells me (the pay cut) is irreparable," Murtagh said.
The judge also wouldn't consider a letter from ex-Mayor Sharon Pollard, filed on behalf of Solomon. Pollard wrote when she negotiated Solomon's contract in 2004, it was her understanding that his pay would remain in effect even if the contract expired. No such language exists in the contract.
Minasian argued the contract Solomon reached with Pollard in 2004 "was not intended to expire." However, the contract states the three-year pact was to end June 30, 2007.
"It certainly doesn't meet evidentiary criteria at this point," Murtagh said. "Someone's beliefs is not something I can consider."
Instead, Murtagh will consider the "words used" in the contract rather than Pollard's intentions.
As for the city's case for the pay cut, City Solicitor Peter McQuillan said, "We shouldn't even be here." He asked the judge not to grant the injunction and asked him to dismiss the case altogether.
"This is a simple matter of contract," McQuillan said, noting the document was not "ambiguous in language" and "had simply expired."
"There's no punishment here. There's no retribution. He still holds the position," McQuillan said.
Minasian argued Solomon is in the "unenviable position of being a political football."
That was his lawyer's argument before a Lawrence Superior Court judge yesterday in an effort to keep Solomon's $158,295 annual pay intact until a trial can be held.
"The inference to the public because of the pay cut (is that) he's done something wrong," said lawyer Robert Minasian. "Facts will prove he's done nothing wrong. He's a good public servant."
Judge Thomas Murtagh could rule as early as today whether Solomon's expired contract - and the added pay that went along with it - should remain in effect until the case goes to trial. If his pay is cut, he will make $132,685 a year.
Murtagh did say he wouldn't consider Solomon's personal finances because he offered no proof in yesterday's hearing.
"The fact is, I'm not sure I've heard anything that tells me (the pay cut) is irreparable," Murtagh said.
The judge also wouldn't consider a letter from ex-Mayor Sharon Pollard, filed on behalf of Solomon. Pollard wrote when she negotiated Solomon's contract in 2004, it was her understanding that his pay would remain in effect even if the contract expired. No such language exists in the contract.
Minasian argued the contract Solomon reached with Pollard in 2004 "was not intended to expire." However, the contract states the three-year pact was to end June 30, 2007.
"It certainly doesn't meet evidentiary criteria at this point," Murtagh said. "Someone's beliefs is not something I can consider."
Instead, Murtagh will consider the "words used" in the contract rather than Pollard's intentions.
As for the city's case for the pay cut, City Solicitor Peter McQuillan said, "We shouldn't even be here." He asked the judge not to grant the injunction and asked him to dismiss the case altogether.
"This is a simple matter of contract," McQuillan said, noting the document was not "ambiguous in language" and "had simply expired."
"There's no punishment here. There's no retribution. He still holds the position," McQuillan said.
Minasian argued Solomon is in the "unenviable position of being a political football."
Mayor William Manzi, who was not in the courtroom, said earlier this week he plans to take action against the chief, calling the department "dysfunctional." He has not said what the specific action against the chief will be or when it will happen.
Manzi, however, did take away a city-leased sport utility vehicle from Solomon just two hours before the hearing. He said he took it away because other departments needed it and it was never intended to be the chief's car - and was not a form of punishment.
Solomon's pay was cut earlier this month after a legal opinion by McQuillan said the city did not have to honor the extra pay and benefits awarded in his contract after it expired June 30. Solomon only has to be paid the minimum under state laws, McQuillan said, and the City Council ordered the auditor to pay accordingly.
Solomon filed his lawsuit Sept. 21 against the city, Auditor Tom Kelly and council Chairman Stephen Zanni.
The issue of civil service also was discussed at length during the hearing. Minasian argued that Solomon was entitled to a hearing before his pay could be cut because of civil service rules, which governs hiring, firing and discipline of certain public employees.
"What they did was retaliatory to him," Minasian said. "The town didn't follow (the civil service statute). Lowering a man's salary is a form of discipline."
McQuillan countered that Solomon gave his consent to his salary by signing the contract.
"That contract itself ... is his written consent to receiving those benefits for that period of time," McQuillan said.
After the hearing, while surrounded by Minasian and lawyer Andrew Gambaccini and John Vigliotti, Solomon declined to comment.
In the crowd
The 45-minute hearing on the first-floor of Superior Court drew Zanni, Councilor Joseph Leone, Councilor Robert Andrew and Kathleen Corey Rahme, a city councilor who is challenging Manzi for the mayor's seat in November.
"I stand with the solicitor," Rahme said after the hearing. "My obligation is the taxpayers."
She said she was "eagerly awaiting" the judge's ruling. "I'm always consistently cautious about the actions of the City Council and the chief. The last thing we need to do is have the burden of a lawsuit."
Zanni said he's confident the city will prevail in the hearing.
Also in the courtroom were Kelly, former Town Manager Robert LeBlanc, and Lawrence attorney William DiAdamo who represents ex-City Solicitor Maurice Lariviere in a lawsuit against the chief.
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