Jackson PBA
not happy
with brass
JACKSON — Two years after the expiration of the township’s contract with Jackson PBA Local 168, one of two unions that represent the municipality’s police officers, the rank and file have yet to ratify a new agreement. Negotiations are currently in arbitration.
The Superior Officers Union ratified a new three-year contract on Nov. 6, 2003. The contract provides an annual increase of 3.75 percent – the same amount offered the PBA, which members rejected.
Based on a letter dated May 4, 2004 to Mayor Sean Giblin and members of the Township Committee and signed by Joseph Oleksy, president of the PBA, there are issues other than money at the heart of the ongoing dispute.
"This submission is being forwarded to your attention to detail the PBA’s concerns," Oleksy said in the letter. "The points set forth below are not intended to be and should not be interpreted as an exhaustive list of the PBA’s concerns. Instead, in the interest of brevity, I have highlighted only the more pressing issues."
Committeeman Michael Broderick, liaison to the police department, confirmed at a committee meeting held on May 10 that each member of the governing body had received the letter.
In the communication, Oleksy laid out the reason why the officers had overwhelmingly taken a vote of no confidence in Public Safety Director Samuel DePasquale and Patrol Capt. Christopher Dunton. Oleksy had informed the committee members about the no confidence votes at their meeting on April 26.
One of the primary issues that prompted the vote of no confidence was the failure of the township to purchase a more reliable and modern radio system, according to Oleksy.
"As you are aware, the police department’s radio system has been plagued by rampant and persistent problems," wrote Oleksy. "I first brought the PBA’s concerns to your attention during an open public meeting in August 2002. At that time, I referenced the PBA’s ongoing safety concerns, especially in light of the police radio system’s recent ‘crash.’ Both prior to and after that (meeting), the PBA was assured that these problems would be addressed and corrected. Unfortunately, those assurances proved hollow."
Oleksy went on to say his union questioned the commitment of DePasquale to replace the outdated system.
"The director, whether by virtue of the constraints on his position or limits as to his ability, has failed to appreciate the severity of this problem and ensure that the appropriate corrective action is implemented in a timely manner," wrote Oleksy.
Last year, the committee budgeted $4 million in capital improvements for a new radio system. However, Committeeman Josh Reilly opposed the selection of only one company, Motorola, to sell the township the system. The committee decided to reconsider the multimillion dollar purchase. Instead, members voted to hire a consultant to examine what was needed and to put the project up for bid, according to Dunton.
"We have preached at length that we need a more comprehensive communications solution," he told the Tri-Town News. "Our wish list would be a fully digital trunk public safety radio communications system. It would be state-of-the-art. We have some dead spots in town where radio communications [need to be improved]. Our proposal [for a new system in three or four locations] would … fill in the dead spots."
Griffin Engineering, a consulting firm hired by the township to make recommendations on a police communications system, presented their findings at the May 24 meeting of the Township Committee. However, according to Oleksy’s letter, the failure of the committee to buy a new communications system was not the sole reason PBA members took a vote of no confidence in DePasquale and Dunton.
"The (reasons) for the no confidence vote are as numerous as they are varied," he wrote. "First, the PBA has been left with no choice but to file and prosecute numerous grievances due to several contractual violations, either committed or condoned by the director."
Oleksy did not disclose the violations to which he referred in the letter.
"Second, officers are continuously forced to perform duties of a higher rank," he continued. "This situation became so rampant that the PBA felt compelled to recently request a job audit be conducted by the New Jersey Department of Personnel."
The PBA president said the third complaint was improper conduct by the director, who is a former police officer, but in his current capacity is considered to be a civilian.
"Despite his civilian status, the director has taken upon himself to act as an initial responding officer on various calls for assistance, canceling other backup officers en route and (assuming) duties (designated) by statute to be performed by sworn police officers."
Criticism of DePasquale also included his use of a township vehicle that was equipped with a police radio, red lights, siren and confidential plates.
Oleksy said in the letter that he believed the use of such accessories might be in violation of state statutes. He also criticized Dunton, whom he said administered uneven standards of discipline, arbitrary assignments to specialty units and a "cavalier disregard" for the department’s chain of command in his absence.
As head of the union, Oleksy said he was requesting a meeting of its executive board and the committee in order to address the issues he outlined in the letter.
"It is imperative that both sides put aside any personal, political or professional relationships or other bias so that an objective review of the current police administration — including the viability of continuing to maintain a civilian director instead of a sworn chief of police — may be conducted," wrote Oleksy.
Oleksy added that he submitted the letter with reluctance; he said he had been disciplined after he addressed the committee in August 2002 regarding PBA grievances. He did not specify in the letter what punishment he received.
Dunton would not discuss the matter either since he said it was still in litigation. He said he did not know why PBA members had given him a vote of no confidence.
DePasquale was unavailable for comment.
Broderick said at the committee meeting on May 24 that he and Giblin had responded to Oleksy’s request for a meeting with the PBA. Broderick said that he had not yet heard back from the union.
Oleksy did not return calls for comment on the matter.