Edison Police Chief Thomas Bryan will remain suspended with pay until a scheduled administrative hearing set for April 15, according to a ruling made by state Superior Court Judge Travis L. Frances on April 4.
Frances, after about 45 minutes of deliberations, said that while numerous points are being disputed, it would not be equitable for the court to overturn Mayor Antonia Ricigliano’s suspension decision before the hearing.
Bryan’s attorney, Vito Gagliardi Jr. of Porzio, Bromberg & Newman, Morristown, said he was disappointed by the ruling, but not surprised.
‘The judge ruled on balance and equity,” he said.
Gagliardi said he is hopeful that Bryan will be vindicated, ending the “perpetrated farce” laid out by Edison’s administration.
Bryan, appointed chief by then-Mayor Jun Choi in 2009, was in court to seek reinstatement to his position overseeing the 186-member police department. Approximately 20 current and retired police chiefs from various New Jersey towns were on hand to show support for Bryan.
South Brunswick Police Chief Raymond Hayducka, who is second vice president of the New Jersey State Association of Chiefs of Police, has said his association does not believe Bryan’s suspension was lawful based on state criteria, and the association pledged to “fight vigorously to defend him.”
On March 22, township Business Administrator Dennis Gonzalez informed Bryan of six charges involving the chief’s alleged failure to follow directives from the mayor and the administration. The charges do not relate to crime fighting activity.
Deputy Chief Carmelo Vaticano has assumed the chief’s duties in Bryan’s absence.
Bryan took legal action of his own on March 25, seeking injunctive relief against the township.
Gagliardi argued that the township had no right to suspend the chief and that there was “no reason.”
“They have put forth to the court nothing — no documents, no sworn statements, absolutely nothing,” he said. “They also have not said whether any resolution will come on April 15.”
Gagliardi said it will almost be a month that the chief will be out of work by April 15, and the hearing could result in an additional suspension without pay. He explained that the only known documents are those served to the chief.
Ricigliano and Gonzalez were not present for the court hearing. The mayor’s son Joseph, who is an attorney, was in the courtroom.
“There are always two sides to a story,” said Louis Rainone, the township’s labor attorney. He argued that the township did everything statutorily correct when charging the police chief.
“There is no loss of pay to Chief Bryan [who makes $180,000 a year, according to Ricigliano],” he said. “No criminal investigations have stopped. It’s like he’s saying, ‘I’m the only one that can run the department.’ They have put in a more than capable and qualified sworn officer in the deputy chief [Vaticano], who has advanced degrees and has put in more years with the department [than Bryan].”
Gagliardi noted that the Middlesex County Prosecutor’s Office and the FBI have made inquiries regarding the township’s actions. Rainone countered Gagliardi’s comment, saying that if the prosecutor’s office and the FBI were so concerned with what was going on with the department, they would be present in courtroom. He said it was his understanding that the FBI subpoenaed township officials on an unrelated civil matter that took place before Ricigliano became mayor.
Gagliardi said the point is that the prosecutor’s office and the FBI stepped in after Bryan was suspended.
During the hearing, Frances went through the facts regarding the case and also read into the record a letter delivered to the court by the prosecutor’s office on April 4. The office informed the judge that it has assumed leadership of the police department’s Internal Affairs Unit “in an effort to preserve the integrity of the internal affairs process while the current leadership issue in the Edison Police Department is resolved.”
In his lawsuit, Bryan claims that, since his suspension, transfers made within the police department were designed to “disrupt active internal affairs investigations.”
“Specifically, within a few hours after Chief Bryan’s unlawful suspension, the officers in charge of internal affairs investigations were removed from the assignment and replaced with other officers without any regard to whether these individuals themselves were subject of active investigations,” the lawsuit states.
Bryan had called the prosecutor’s office after he was suspended with his concern about internal affairs files. The prosecutor’s office informed the court that it has taken possession of all of Edison’s internal affairs files. It has identified all the documents, including those that were sealed and locked in the internal affairs office. The prosecutor’s office said it found that none of the files had been compromised.
Vaticano, when asked at a March 30 Township Council meeting about the movement of officers in the Internal Affairs Unit, said it was his decision to move the officers.
“Not everyone was transferred,” he said. “A lieutenant and a sergeant remain.” Vaticano said the reason for the transfers was confidential.
Bryan, who spent 14 years as the commander of the Internal Affairs Unit prior to becoming chief, contends that the actions taken by the administration have caused him, as well as the police department and the residents, “immediate and irreparable harm.” His lawsuit contends that the township has failed to reference the specific laws, rules, regulations, policies or guidelines that the chief purportedly violated.
Frances said he was satisfied that the prosecutor’s office addressed Bryan’s concern about internal affairs investigations being compromised. He said the mayor had a right statutorily to make the charges and that Bryan will be heard during the administrative hearing.
The 9:30 a.m. hearing on April 15 will be closed to the public, Rainone said.
Gagliardi said the chief may waive his right to an administrative hearing, and instead be heard in Superior Court regarding the charges against him.