Edison Police Chief Thomas Bryan has been suspended from his duties without pay for what officials referred to as “insubordination.”
Township Business Administrator Dennis Gonzalez handed the chief a letter around 10:30 a.m. on March 22 listing six charges involving Bryan’s alleged failure to follow departmental directives from Mayor Antonia Ricigliano and the administration. The charges do not relate to any crime-fighting activity.
Bryan’s attorney said the charges are without merit and that his suspension is in violation of the law.
The letter was copied to the mayor, as well as Assistant Business Administrator Richard Laird, Management Specialist William Stephens and Human Resource Manager June Brescher.
“We are not talking about just one incident,” Ricigliano said. “This has been happening over time.”
Asked if any warning was given to Bryan regarding the charges, she said none were issued.
Bryan, appointed chief in 2009, earns an annual salary of $180,000, according to Ricigliano.
A seventh charge was sent to the chief a later on March 22 for alleged “failure to obey the directive of the mayor, through the business administrator, to turn in your service weapon, badge and vehicle to Deputy Chief [Carmelo] Vaticano.” The first letter had directed Bryan to turn those items in to Vaticano immediately, and indicated that they would be returned to Bryan when he resumed his duties.
Vaticano has now assumed the chief’s duties, Ricigliano said, noting that she has not changed his rank or salary.
Gonzalez said that Bryan was understandably angry when given the letter, and left the room. Asked if anything was said, Gonzalez said he would “rather not get into it.”
“All I can say is that he left in the early afternoon,” Gonzalez said.
Bryan’s suspension period runs from March 23 to April 5, according to a copy of the letter obtained by the Sentinel.
The charges listed in the letter include the alleged failure to comply with the directive of the business administrator to issue written reprimands to three captains who failed in a timely fashion to transfer an employee from the division of communications to the records bureau; and the alleged failure to provide the necessary training to personnel in the division of communications in 2010; and failure to use the training time set forth in the American Federation of State, County and Municipal Employees contract in the amount of 68 hours per public safety telecommunicator.
Regarding the latter charge, Gonzalez wrote in the letter that this “wasted nearly 2,000 hours of training time which was negotiated on behalf of the township, and which training enhances public safety.”
Other charges include the alleged failure to comply with the business administrator’s instructions to plan in a timely fashion for the layoffs of two part-time youth counselors to ensure the continuation of the Youth Services Program through independent contractors; and the alleged failure to provide accurate information to a police sergeant regarding the continuation of the Youth Services Program. Bryan is also accused of permitting the dissemination of false information regarding the actions of the mayor and her administration.
“The foregoing constitutes insubordination, disrespect, failure to follow the directives of the business administrator, failure to supervise, and failure to manage the Division of Police in an effective and efficient manner,” the letter states.
Ricigliano said a hearing on the charges will be held April 15, though she was not sure of the details yet. She said a hearing officer had not been selected.
“I’ve only seen one of these occur, when Mayor [Jun] Choi was still in office, regarding a police officer,” she said.
Bryan referred all calls to his attorney, Damian C. Shammas of Porzio, Bromberg & Newman, P.C., Morristown.
“The charges are without legal substance,” Shammas said March 23. “It is clear police interference and a violation of the Police Chiefs Responsibility Act [a statute enacted in 1981]. It is illegal. We are confident that we will be vindicated.”
The statute was enacted in 1981 and it states that a chief of police “shall, pursuant to policies established by the appropriate authority [a mayor, manager or administrative officer] administer and enforce rules and regulations and special emergency directives for the dispositions and discipline of the force and its officers and personnel; have, exercise and discharge the functions, powers and duties of the force; and prescribe the duties and assignments of all subordinates and other personnel.”
The statute goes on to state that the chief shall “delegate such of his authority as he may deem necessary for the efficient operation of the force to be exercised under his direction and supervision; and report at least monthly to the appropriate authority in such form as shall be prescribed by such authority on the operation of the force during the preceding month, and make such other reports as may be requested by such authority.
The statute does not prevent the governing body from “examining at any time the operations of the police force or the performance of any officer or member.”
Shammas said the chief may not wait for the April 15 hearing before addressing this week’s actions by the administration.
“We are contemplating getting an injunction in Superior Court,” he said.