Attorneys in the case are still working out the details
By Linda Seida, Staff Writer
LAMBERTVILLE — A fired Lambertville police sergeant has won his lengthy fight with the city, paving the way for his return to the force.
The New Jersey Supreme Court has declined to hear the case, leaving in place an appellate court’s earlier decision that Sgt. 1st Class Michael O’Rourke be reinstated. The city took the matter to the Supreme Court in hopes of blocking the return.
The city fired Sgt. O’Rourke in April 2007 after an administrative hearing conducted by the mayor and the City Council found he was guilty of a number of charges, including insubordination, defiance of a direct order and conduct unbecoming an officer.
”We’re disappointed certainly that the Supreme Court would not hear it because the issue in this case has no precedent,” the city’s labor attorney, John R. Lanza said Tuesday.
Sgt. O’Rourke had conducted unauthorized background checks on the department’s civilian employees, including his boss, Police Director Bruce Cocuzza. Mr. Cocuzza had specifically ordered the sergeant to refrain from conducting the checks.
Mr. Cocuzza conducted the internal affairs investigation that led to the administrative hearing after a junior officer declined to perform the investigation into a superior officer’s actions.
The court ruled Mr. Cocuzza could not be objective. Furthermore, according to the court, he did not follow state guidelines in his investigation.
”The decision is what it is,” Mr. Cocuzza said. “We have to abide by the decision and move on.”
No date has been set yet for Sgt. O’Rourke’s return. Attorneys in the case are still working out the details. <</p>