Post by KC on Jun 28, 2006 21:28:03 GMT -5
June 28, 2006 - BOGOTA -- A suspended borough police officer does not have to undergo physical and psychological testing before returning to duty following a two-month suspension, a judge ruled.
State Superior Court Judge Jonathan Harris also questioned whether a disciplinary panel consisting of Mayor Steve Lonegan and four current and former Borough Council members gave Officer Daniel Creange a fair hearing.
Harris, ruling in Hackensack on Friday, declined to stay the final six days of Creange's suspension. The 11-year veteran is scheduled to return to duty later this week.
Creange was suspended last month for verbally threatening two suspects at police headquarters in May 2005.
Because Creange was not cited during the nearly 12 months that he worked between the time of the incident and the suspension, there was no reason for him to undergo a fitness for duty test, Harris said.
Creange does not deny that he said, "You're dead, you're [expletive] dead" to two suspects who were in a holding cell following a brawl at the 101 Pub.
The men, and a third suspect, allegedly assaulted Creange at the bar about an hour earlier while he was off-duty.
The three men, who were charged with simple assault, have given notice that they intend to sue the borough for wrongful arrest.
The charges against the men are pending.
Creange sued the borough to have the suspension overturned last month. He argued that the penalty, which resulted in the loss of $15,000 in salary, was too harsh.
The suit also stated that the hearing panel was biased because two members, Mayor Steve Lonegan and Councilwoman Melissa Schnipp, asked Creange for political favors while the hearing was ongoing.
Lonegan and Schnipp denied they asked for favors, but acknowledged speaking with Creange about local politics.
Harris said the fact that Lonegan and Schnipp conversed with Creange about politics while sitting in his judgment was "disturbing," regardless of whether any favors were requested.
"Two of the decision-makers engaged in discussions with [Creange] about things near and dear to the hearts of these decision-makers," Harris said. "This raises a specter that the hearing may not have had the due process one might expect."
Harris said the case illustrates why towns hire independent hearing officers rather than use elected officials for disciplinary hearings, though he added that he was not second-guessing Bogota's decision.
Creange's lawyer, Catherine Elston, said she was pleased with the ruling.
"The penalties were not only the result of unethical conduct but an abuse of power and retaliation against an officer who refused to be intimidated into doing what [Lonegan and Schnipp] wanted," Elston said.
Borough Attorney Andrew Fede said he viewed the judge's ruling as a split-decision because Harris did not stay the final week of the suspension.
He also said that the hearing concerned only the fitness for duty test and not the overall suit.
He said Creange and Elston are using Lonegan and Schnipp as a distraction from holding the officer accountable for his actions.
"The issue is whether what Officer Creange did was right or wrong," Fede said. "These other issues are being raised as a diversion."
www.bergen.com/page.php?qstr=eXJpcnk3ZjczN2Y3dnFlZUVFeXk1MSZmZ2JlbDdmN3ZxZWVFRXl5Njk1Mzc5NiZ5cmlyeTdmNzE3Zjd2cWVlRUV5eTM=
State Superior Court Judge Jonathan Harris also questioned whether a disciplinary panel consisting of Mayor Steve Lonegan and four current and former Borough Council members gave Officer Daniel Creange a fair hearing.
Harris, ruling in Hackensack on Friday, declined to stay the final six days of Creange's suspension. The 11-year veteran is scheduled to return to duty later this week.
Creange was suspended last month for verbally threatening two suspects at police headquarters in May 2005.
Because Creange was not cited during the nearly 12 months that he worked between the time of the incident and the suspension, there was no reason for him to undergo a fitness for duty test, Harris said.
Creange does not deny that he said, "You're dead, you're [expletive] dead" to two suspects who were in a holding cell following a brawl at the 101 Pub.
The men, and a third suspect, allegedly assaulted Creange at the bar about an hour earlier while he was off-duty.
The three men, who were charged with simple assault, have given notice that they intend to sue the borough for wrongful arrest.
The charges against the men are pending.
Creange sued the borough to have the suspension overturned last month. He argued that the penalty, which resulted in the loss of $15,000 in salary, was too harsh.
The suit also stated that the hearing panel was biased because two members, Mayor Steve Lonegan and Councilwoman Melissa Schnipp, asked Creange for political favors while the hearing was ongoing.
Lonegan and Schnipp denied they asked for favors, but acknowledged speaking with Creange about local politics.
Harris said the fact that Lonegan and Schnipp conversed with Creange about politics while sitting in his judgment was "disturbing," regardless of whether any favors were requested.
"Two of the decision-makers engaged in discussions with [Creange] about things near and dear to the hearts of these decision-makers," Harris said. "This raises a specter that the hearing may not have had the due process one might expect."
Harris said the case illustrates why towns hire independent hearing officers rather than use elected officials for disciplinary hearings, though he added that he was not second-guessing Bogota's decision.
Creange's lawyer, Catherine Elston, said she was pleased with the ruling.
"The penalties were not only the result of unethical conduct but an abuse of power and retaliation against an officer who refused to be intimidated into doing what [Lonegan and Schnipp] wanted," Elston said.
Borough Attorney Andrew Fede said he viewed the judge's ruling as a split-decision because Harris did not stay the final week of the suspension.
He also said that the hearing concerned only the fitness for duty test and not the overall suit.
He said Creange and Elston are using Lonegan and Schnipp as a distraction from holding the officer accountable for his actions.
"The issue is whether what Officer Creange did was right or wrong," Fede said. "These other issues are being raised as a diversion."
www.bergen.com/page.php?qstr=eXJpcnk3ZjczN2Y3dnFlZUVFeXk1MSZmZ2JlbDdmN3ZxZWVFRXl5Njk1Mzc5NiZ5cmlyeTdmNzE3Zjd2cWVlRUV5eTM=