A judge has ruled in favour of Woodstock police chief Joseph Swanson in a legal challenge over attempts to demote him, but the chief has decided to retire rather than remain in his post, court records show.
Judge finds trustees should have recused themselves
Justice Kerry McDonald-Cady concluded that a town trustee, Jeffrey Kahn, should have recused himself from demotion deliberations after an email exchange involving Swanson and his husband was discussed by trustees. The judge said Kahn’s self-assessed lack of bias was not sufficient and ordered any future demotion considerations be reviewed by an impartial board, according to an eight-page decision.
Swanson, who served more than two decades with the department and became chief in 2023, received a positive performance evaluation after his first year. He was later placed on administrative leave by Municipal Manager Eric Duffy following a 2024 traffic incident in which Swanson was a passenger and his husband was involved in a verbal altercation, court documents indicate.
Investigations and allegations
Vermont State Police and the Vermont Criminal Justice Council cleared Swanson of wrongdoing in relation to the traffic incident. Separately, Duffy retained an outside investigator to examine Swanson’s conduct as chief. That investigator reported concerns raised by department staff including claims Swanson:
- worked inconsistent hours and was absent during the day;
- kept a messy office and sometimes reported for duty out of uniform;
- was slow or inconsistent in responding to investigatory matters and in administering discipline.
Following those findings, Duffy proposed demoting Swanson from chief to patrol officer, the lowest rank. The Village Trustees conducted a lengthy hearing in March 2024 and later upheld the demotion decision in July, though they did not complete the demotion before the court challenge.
Legal action and outcome
Swanson filed a multi-million-dollar discrimination lawsuit in April 2025 naming Duffy, the Town of Woodstock, the Village of Woodstock, acting Chief Christopher O’Keeffe and former Village Board chair Seton McIlroy. The suit challenged the proposed demotion and alleged discriminatory conduct.
After the judge’s ruling that trustees had erred by discussing material that should have prompted recusal, the decision required impartial review for any further demotion efforts. Rather than pursue reinstatement or wait for further proceedings, Swanson has chosen to retire, his attorney, Linda Fraas, confirmed.
| Key dates | Event |
|---|---|
| 2023 | Swanson appointed chief |
| 2024 | Traffic incident; administrative leave; trustee hearing |
| April 2025 | Swanson files discrimination lawsuit |
| September 2026 | Judge rules in Swanson’s favour; Swanson retires |
The ruling and subsequent retirement leave questions about leadership continuity in the department and how the town’s civilian oversight and personnel processes will proceed if further disciplinary steps are contemplated. The judge’s order that future demotion matters be handled by an impartial board establishes a procedural safeguard should the town revisit the issue.
“Kahn’s self-assessed lack of bias is not sufficient,” the judge wrote.
