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Law enforcement legal fight in Vermont

Montpelier, Vermont - January 11, 2012

Right now police with the city of St. Albans patrol the streets in the town of St. Albans; the department got the job when it went out to bid and the Franklin County Sheriff's Office is crying foul.

"The bid from the city made very clear and the testimony from the city made very clear that they would provide 120 hours from new hires, but that what they would also do is take 1.2 full-time equivalents that were otherwise paid for by the city, working on a full-time basis in the city and put them in the town," said Pietro Lynn, the lawyer for the Franklin County Sheriff's Office.

The Sheriff's Office says that's subsidizing the town's needs on the city's dime, and that it made it impossible for them to make a fair bid on the work. Tuesday, the two sides took their debate to the Vermont Supreme Court.

"What I would submit to you is really that is just predatory pricing. If you have too many officers, then what you ought to do is contract your force to suit your needs, not use that excess to drive your competitors out of business," Lynn said.

"I understand why the municipality made the choice that it did-- it's a good deal. But I am still not sure that it is fair if they're using city assets to provide municipal services," Vt. Supreme Court Justice Brian Burgess said.

Sheriffs' offices across the state regularly contract out to provide police services to communities in need. Lawyers for the Franklin County office argue the move could keep them from being able to compete for future business. It's a charge the city's team is quick to challenge.

"I think the record is devoid of evidence to say that the sheriff will not be able to compete in the future. In fact, I directly asked him is it true that a future sheriff could bid for these services? And his response was yes," said Geoffrey Hand, the lawyer for the St. Albans City Police Department.

Now the court is charged with deciding who's on the right side of the law and determining intent could factor into its decision.

"Grant it they have an advantage the sheriff's office may not have, but it is not like they created that for the purpose of putting the sheriff out of business," Justice Burgess said.

The sheriff's lawsuit has already been denied by a Franklin County Court that determined it was without merit.