BY TOM CAIAZZA
Staff Writer
The Edison police officer who lost his job last year for leaving the scene of an accident in the nude could soon be back in uniform.
New Jersey Superior Court Judge Marvin L. Gelade, sitting in New Brunswick, modified a ruling made last year by the Edison Police Department that terminated Officer Ioannis Mpletsakis’ employment with the department, forcing the reinstatement of the officer dubbed the “naked cop.” Gelade was the same judge who overturned Mpletsakis’ municipal court conviction earlier this year.
“He’s very happy that he’s going to be able to finally return to work,” said Darren Gelber, Mpletsakis’ attorney. “The discipline imposed by the judge was fair and reasonable under the circumstances.”
Gelade reinstated Mpletsakis and gave him a 30-day unpaid suspension, which the judge deemed had already been served. Mpletsakis was terminated in September 2005.
Gelber said that the judge’s ruling set right an overreaction by Edison Township officials.
“The prior decision of Edison to fire him was not [fair and reasonable],” Gelber said. “That’s why we decided to appeal it.”
Due to Edison’s standing as a noncivil-service municipality, Gelber said any issues stemming from Edison employees can be appealed directly to the state Superior Court. Towns that are civil service municipalities appeal to a board other than the Superior Court.
Gelber would not speculate on a date when Mpletsakis would be returning to work, saying only that he has been meeting with township attorneys and that his return to work is “in the works.”
Gelber said that Mpletsakis is entitled to back pay for the time since being terminated, minus the 30-day suspension, but he did not have a definite amount or a time frame for when that could be worked out.
He did say that he expected the back-pay negotiations to continue well after Mpletsakis returns to work.
Jerry Barca, the administration’s communications director, said that the township plans to “abide by the results given to us” and is not planning any further action against Mpletsakis.
“We’ve done everything we can legally with something we’ve inherited,” Barca said. “We’re committed to accountability in our police department and we will continue to do everything to ensure the highest professional standards of police work.”
Barca said the ruling by Gelade went against the township’s desire for accountability.
“Unfortunately, this ruling dissents from professional law enforcement and the case made by the Middlesex County Prosecutor’s Office,” Barca said.
In July 2005, Mpletsakis was driving home from a friend’s house when he struck the rear end of a box truck on Route 27 in Edison. Mpletsakis had been driving naked because his swimming trunks were still wet from swimming in his friend’s pool.
After the accident, Mpletsakis fled the scene and was found by police in a nearby bush. He was taken home for clothing and returned to the scene of the accident.
In June 2006 he was found guilty of hindering apprehension, but he was acquitted of reckless assault with an auto and leaving the scene of an accident. In January the hindering apprehension conviction was overturned.
At the time, Gelber had called on Edison police to reinstate Mpletsakis, stating that since the termination was based on the conviction and the conviction was overturned, the termination should be overturned as well.