Sgt. 1st Class Michael O’Rourke says he will appeal the verdict.
By: Linda Seida
LAMBERTVILLE The mayor and City Council unanimously fired a Lambertville police sergeant after finding him guilty of five of the nine charges lodged against him, with the most serious being defiance of a direct order.
Sgt. 1st Class Michael O’Rourke was required to relinquish his badge, gun and other equipment after the city’s governing body rendered its verdict April 4 at the Justice Center. He turned in his equipment at police headquarters that night.
Sgt. O’Rourke said he would "absolutely" appeal the decision and his dismissal.
Mayor David Del Vecchio declined to comment on the decision because of the appeal.
Civilian Police Director Bruce Cocuzza had lodged the charges against the highest-ranking uniformed officer in the department over an incident that occurred in August 2006. Mr. Cocuzza said he had ordered the sergeant to refrain from conducting background investigations on the department’s civilian employees because he wanted to first check with the state police and the city’s attorney.
Sgt. O’Rourke went ahead without his boss’ authorization and ran the checks on the department’s five civilian employees, including Mr. Cocuzza. The sergeant had testified he did not believe he needed Mr. Cocuzza’s consent or authority to proceed.
"I’m disgusted," said Sgt. O’Rourke’s attorney, James Mets. "We might as well not have even shown up. The facts do not support the decision. They didn’t pay attention to anything. They should be ashamed. They just took a man’s livelihood."
A member of the city’s police force since 1989, Sgt. O’Rourke was paid about $75,000 a year.
He was found guilty of defiance of a direct order, negligence in duty, insubordination, conduct unbecoming an officer and the violation of departmental policies and regulations.
Mr. Cocuzza is a 24-year veteran of the New York City Police Department who retired as a captain in 1997 and came to Lambertville as police director in 1999.
He said of his second-in-command, "He has no remorse and doesn’t think he did anything wrong, which is a real concern. When police officers believe their powers are limitless, they’re dangerous."
As the dismissal was announced, New Jersey Policeman’s Benevolent Association Vice President John Hulse could be heard from his seat in the audience, saying the governing body "should be ashamed of themselves."
He then approached Mr. Cocuzza as the hearing adjourned, and the two men exchanged words before Mr. Cocuzza walked away.
Mr. Cocuzza later said, "It’s a serious issue. I take no joy in this."
John Lanza, the attorney representing Mr. Cocuzza, said, "I took no personal pleasure in the outcome. The decision is ultimately the mayor and council’s. All I’ve done is present the evidence. I respect their decision."