By Linda Seida, Staff Writer
LAMBERTVILLE — The city intends to block a police officer’s court-ordered return to the job by taking its case to the New Jersey Supreme Court.
The city is asking for a stay of a decision by the New Jersey Superior Court Appellate Division.
A ruling by a three-judge panel Oct. 31 said Lambertville must reinstate Sgt. 1st Class Michael O’Rourke because the internal affairs investigation conducted by his boss, Police Director Bruce Cocuzza, was flawed.
Lambertville notified the Supreme Court of its intention to appeal the Appellate Court’s decision Nov. 7, according to city Clerk Lori Buckelew. Sgt. O’Rourke has not yet returned to the department, despite the Appellate Court’s ruling.
Sgt. O’Rourke was the highest ranking officer on the force with 17 years of experience on the job in Lambertville when the mayor and City Council unanimously voted to fire him in April 2007 for conducting unauthorized background checks on five of the department’s civilian employees, including his boss, Mr. Cocuzza.
The city found him guilty of five of the nine charges lodged against him, including defiance of a direct order.
Four months later, the state Superior Court overturned the city’s decision and ruled Lambertville had to reinstate Sgt. O’Rourke.
Mr. Cocuzza, who is considered a civilian employee, had testified he told Sgt. O’Rourke to refrain from conducting the checks until he could verify with the state police or the city’s attorney that the checks would not infringe on employees’ privacy rights and put the city at risk.
Sgt. O’Rourke’s testimony countered Mr. Cocuzza’s. He said he did not need his boss’ authorization to conduct the checks, and he believed he already had the authority to proceed.
The Superior Court in August 2007 also ordered the city to pay Sgt. O’Rourke back wages and legal fees, but the city won a stay of that order and has not paid the officer since.
Sgt. O’Rourke’s salary was approximately $76,000 a year at the time of his dismissal.