LAMBERTVILLE: Court: Reinstate fired cop because investigation was flawed

By Linda Seida, Staff Writer
   LAMBERTVILLE — The Appellate Division of New Jersey Superior Court has ruled a fired Lambertville police sergeant should be reinstated because the investigation into his actions was flawed.
   The three-judge panel’s ruling, released Friday, said Police Director Bruce Cocuzza was not authorized to conduct the internal affairs investigation that resulted in Sgt. 1st Class Michael O’Rourke’s dismissal in April 2007.
   Furthermore, the judges said, Mr. Cocuzza “failed to conduct the investigation in a fair and objective manner.”
   Mr. Cocuzza said he was “disappointed in the ruling, but we will be obligated to abide by it, and I intend to.”
   The city is reviewing its options this week, Mayor David Del Vecchio said.
   James Mets, Sgt. O’Rourke’s attorney, said the officer could soon be back on the job.
   ”We asked for an immediate return,” Mr. Mets said. “He wants to go back to work.”
   The court also awarded back pay. Mr. Mets was uncertain of the exact amount, but noted Sgt. O’Rourke has been off the job for 18 months.
   Sgt. O’Rourke’s salary was approximately $76,000 a year at the time of his dismissal. The city stopped paying his salary in 2007 as the case wound its way through the courts. Sgt. O’Rourke lost a bid to have his salary reinstated several months later in Appellate Court.
   The highest ranking officer in the department, Sgt. O’Rourke was a 17-year veteran of the Lambertville force when he was fired for defiance of a direct order, insubordination, negligence, conduct unbecoming an officer and other charges.
   Mr. Cocuzza’s investigation found Sgt. O’Rourke conducted unauthorized background checks on five of the department’s civilian employees in August 2006, including Mr. Cocuzza himself.
   Sgt. O’Rourke conducted the checks after Mr. Cocuzza specifically told him not to run them, Mr. Cocuzza testified in a hearing before the City Council in 2007. Mr. Cocuzza said he wanted to consult with state police and the city’s attorney to ensure the checks would not violate employees’ privacy rights.
   During the same hearing, Sgt. O’Rourke testified he believed he had the authority to conduct the background checks and did so.