LAMBERTVILLE: O’Rourke to report for work March 17

Mayor David Del Vecchio: ”On the 17th he’ll come back, and we’ll go from there”

By Linda Seida, Staff Writer
   LAMBERTVILLE — A fired sergeant who won reinstatement through the courts will return to the Lambertville Police Department on March 17 for his first day back on the job.
   The city had requested that Sgt. 1st Class Michael O’Rourke return to work Feb. 23, but he needed more time to “tie up loose ends,” Mayor David Del Vecchio said.
   ”On the 17th he’ll come back, and we’ll go from there,” the mayor said.
   ”He’s looking forward to getting back to work,” said James Mets, Sgt. O’Rourke’s attorney.
   Sgt. O’Rourke will use vacation time to make up for the difference between when the city wanted him to start work and his actual first day on the job, according to Mayor Del Vecchio.
   Sgt. O’Rourke could not return in February as the city requested because “he was working another job, so he had to give them two weeks’ notice,” Mr. Mets said. He did not say what the job was.
   ”It will be business as usual,” Police Director Bruce Cocuzza said. “I expect everyone will conduct themselves professionally. I don’t expect any problems. It’s got to be put to bed. It’s over.”
   The city fired Sgt. O’Rourke after an administrative hearing in April 2007. The mayor and members of the City Council, who presided over the hearing, found him guilty of disobeying a direct order, among other charges.
   At the time, Sgt. O’Rourke was a 17-year veteran of the department and the highest ranking uniformed officer.
   His boss, civilian Police Director Cocuzza, in 2006 had ordered him to refrain from conducting background checks on five civilian employees, including Mr. Cocuzza. Sgt. O’Rourke said he had the authority to perform the checks and he did so on a day when Mr. Cocuzza was out of the office.
   The legal battle between the city and Sgt. O’Rourke culminated with the New Jersey Supreme Court declining to hear arguments. The court’s refusal left in place an earlier Superior Court ruling that gave the sergeant his job back.
   The City Council recently unanimously passed an ordinance that allows for the creation of an acting supervisor with the rank of lieutenant, sergeant 1st class or sergeant. In effect, if a lieutenant were to be created and appointed acting supervisor, the ordinance would place a buffer between Sgt. O’Rourke and Mr. Cocuzza.
   To date, no appointment has been made.
   Mr. Mets said he was unaware of the new ordinance. However, he said, Sgt. O’Rourke would be eligible to apply for the position, taking into account “seniority and good conduct.”
   The court ruled Sgt. O’Rourke can collect back pay from the city, but a total has not been determined yet. The court must certify the total he is owed, subtracting the amount he made at other jobs while the case wound its way through the legal system.