Court orders city to reinstate officer

Lambertville will ask the court to reconsider its decision.

By: Linda Seida
   LAMBERTVILLE — A Hunterdon County state Superior Court judge has ordered the reinstatement of a fired Lambertville police officer along with the payment of lost wages, but the city plans to ask the court to reconsider its decision.
   The City Council fired Sgt. 1st Class Michael O’Rourke in April for disobeying an order and negligence, among other charges. Superior Court Judge Stephen Rubin, however, ruled last week that the internal affairs investigation that led to the officer’s firing had not been properly conducted.
   Lambertville will ask the court to reconsider the decision, according to Mayor David Del Vecchio.
   A request for reconsideration would be submitted to the same court to the same judge. An appeal would go to the Appellate Division of state Superior Court, which can choose not to hear the case.
   "This is far from over," the mayor said Monday.
   "We think it’s a bad decision," Police Director Bruce Cocuzza said Friday.
   He called it a "disgrace," noting Sgt. O’Rourke was fired for "gross civil rights violations, gross insubordination and gross misconduct."
   Sgt. O’Rourke is "very happy" with the "right decision" reached by the court, according to his attorney, James Mets of Woodbridge.
   Sgt. O’Rourke is back on the payroll with a $76,000 annual salary and has been placed on leave, Mr. Mets said Monday.
   The city and Sgt. O’Rourke have reached a tentative agreement regarding back pay. It will not be paid while the city’s request for reconsideration is decided by the court, Mr. Mets said.
   Mr. Cocuzza conducted the internal affairs investigation that led to Sgt. O’Rourke’s dismissal. The investigation found, among other things, Sgt. O’Rourke had violated the civil rights of fellow city employees by performing unauthorized background checks on them, including Mr. Cocuzza.
   Mr. Cocuzza’s investigation did not meet required standards, Judge Rubin said in a written decision Aug. 20.
   The judge wrote, "Cocuzza is a civilian employee and not a duly appointed police officer. Therefore, Cocuzza was not following the department’s rules and regulations by performing the investigation himself. Civilian police directors cannot engage in law enforcement activities."
   Unlike a police chief, a police director is considered a civilian employee.
   The judge also said a list of progressive punishments could have been considered, but instead "the governing body, without comment, chose the harshest punishment."
   Mr. Mets said Sgt. O’Rourke has been employed elsewhere since his dismissal, but he said he is unsure if the job is related to law enforcement.