[ back ]
Cop sues township
(by Maggie Fazeli Fard - November 21, 2007)
Township of
Washington officials and two police sergeants will be in court next month facing a corporal’s claims that he was unfairly bypassed for a promotion two years ago.
Corporal Thomas Lawton filed a civil suit against the township, Mayor Rudolph Wenzel, Police Director Joseph Rinaldi, Police Chief William Cicchetti, and sergeants Richard Skinner and Roy Scherer, alleging that officials promoted the two officers not because they were qualified, but because they were department “favorites.”
In his written certification, filed with the state Superior Court in Hackensack,
Lawton states that the promotions were made on “the basis of bias and other improper motivations.”
Lawton believes that officials held “grudges” against him in part because of the 1993 arrest of Councilman Charles Devine for driving while intoxicated as well as the issuance of a ticket to a motorist, allegedly the neighbor of a councilman, for improper passing.
Additionally, Lawton said he was overlooked because he is not a fireman, claiming that police officers who serve in the fire department are promoted more often that those who do not.
Lawton also said that one of the officers promoted in 2005 had done landscaping work for the township as well as at the police director’s home.
“The mayor and police director definitely have their favorites,”
Lawton said in his certification. “Unfortunately, they abused their discretion by picking their favorites instead of giving everyone a fair chance to compete for and obtain the promotions.”
Lawton said that he was never given an opportunity to be interviewed or to take written or oral examinations, which he claims violated the department’s promotional process as outlined in Standard Operating Procedures (SOPs). The SOPs were disseminated by Chief Justin Georgetti, who was the chief when
Lawton was hired in 1988.
The defense, represented by Thomas Hanrahan of River Edge, dismisses
Lawton ’s claims. According to the defendants’ trial brief, the police department’s operating procedures were never officially adopted by the township, meaning the SOPs are a guideline and not department policy as Lawton may have been led to believe. As such, there was no violation.
Additionally, the defense contends that even if all SOPs were followed by officials,
Lawton still would not have been eligible for the promotion because he did not meet the educational requirements for the sergeant’s position in 2005.
According to court papers,
Lawton was hired by the township in 1988 and promoted to corporal in 1996, three years after he ticketed Devine. Scherer and Skinner were both hired in 1993 and promoted to corporal in 2000. In 2005, the three corporals expressed interest in filling two sergeant positions and on June 13 of that year, it was announced that Scherer and Skinner would fill the spots.
A month later, a civil action complaint against the township was filed on behalf of Lawton by Attorney Stuart Bierman of
Hackensack, and a case management conference was held that November. The case was later dismissed without prejudice because depositions of
Lawton had not been conducted, but in March 2007, Bierman requested that the case be reinstated.
Neither Hanrahan nor Bierman returned calls for comment prior to publication.
The case is scheduled to go to trial before Judge Jonathon Harris in
Hackensack on Dec. 18.
Maggie Fazeli Fard's e-mail address is fazelifard@northjersey.com
[ back ]
