Memo raps use of cars by officers

Report reveals police using unmarked cars for personal use

By: Sharlee Joy DiMenichi
   Township manger Barbara Sacks said Tuesday that unauthorized personal use of unmarked police cars could be wasting "many thousand of dollars" of taxpayer money and creating an unacceptable insurance risk for the township.
   Ms. Sacks submitted a report on the subject to the Township Council Feb. 7. The report has not been discussed publicly.
   According to the report, which she termed an internal memo, the chief, deputy chief, two police captains and a fire marshal drive unmarked police cars home after work.
   Ms. Sacks said she started an inquiry into the practice of high ranking police officers making unlimited personal use of unmarked cars. The inquiry came at the request of members of the Township Council who had received complaints from members of the public. She said the inquiry is ongoing.
   "We were getting reports, the council was getting reports, that the cars were being used as family vehicles," Ms. Sacks said after a council meeting Tuesday.
   Police Chief Michael Paquette said Wednesday the commanders receive access to unmarked cars as part of their compensation package and that they need the cars to respond effectively to emergencies that may occur when they are off duty, but still on call.
   Chief Paquette said that high-ranking officers making personal use of unmarked cars was a long-standing, well-known practice.
   "Since the time that I was a captain, which is in 1989, use of an unmarked car was afforded to police officers," Chief Paquette said.
   Ms. Sacks said she could not find evidence that driving unmarked cars for unlimited, personal use was authorized by the township. In her report to the council, Ms. Sacks outlined her effort to find documents on the policy.
   "Second, I have not found any indication of a written authorization or any memorialization by the council or administrator or manager for the use of these vehicles. I could not find any memos or communications regarding this. I asked Police Chief Michael Paquette if he had anything authorizing the personal use of the vehicles, but he did not supply me with anything in writing (no minutes, agreements, memos on this, etc.)"
   Chief Paquette said Wednesday that he did not know of a written record authorizing police officers to make personal use of unmarked cars, but that he did not believe a document was necessary because the practice is well-known and widely accepted.
   "The use of the cars was never a secret," Chief Paquette said Wednesday.
   Ms. Sacks said Tuesday that council members also were not aware of police officers having sanctioned the unrestricted personal use of unmarked police cars.
   "The council has never approved this. It has always been a subject of contention and a subject of discussion," said Mayor Frank Gambatese.
   Mayor Gambatese said he instructed Ms. Sacks to examine every item in the budget.
   "As a manager, doesn’t she have an obligation to the taxpayers and to the council to look at everything? I believe she does," Mayor Gambatese said.
   In the memo, Ms. Sacks wrote that in discussions with the township’s labor counsel, "it was noted that a past practice has to be one that is known to the employer and at least sanctioned tacitly with the knowledge that the practice exists. If the employer does not know that the practice exists, the employer does not have the opportunity to stop it. In this case, it does not appear that the employer knew, until you directed me to look into the matter."
   Ms. Sacks said Tuesday township cars are only insured if they are used for the purpose the township has designated them for.
   In the memo, she wrote, "That means that if the use is not authorized, any liability would fall to the township itself as the owner and quite possibly the employee or other person operating the vehicle."
   Chief Paquette asked assistant County Prosecutor Ronald Abramowitz to review the matter. Mr. Abramowitz wrote, "We understand that the present use of vehicles assigned to the command staff of the South Brunswick Police Department is in conformance with long-standing, well-known practice in the community. We are unaware of any violations of law arising there from."
   Ms. Sacks said Tuesday she believed Mr. Abramowitz had not been informed that there is apparently no written record authorizing the policy.
   In the memo, she wrote, "I was made aware of a complaint to the prosecutor’s office about this and judging from the wording in the prosecutor’s letter (attached), he only received partial and one-sided information."
   Chief Paquette said he hid nothing from Mr. Abramowitz.
   "I was completely honest with the prosecutor," Chief Paquette said.