James Alston Demoted Matawan Chief of Police James Alston has appealed the borough’s decision to demote and suspend him without pay, asking the court to reinstate him as department head.
Alston’s attorney, David Corrigan, of the Corrigan Law Firm in Keyport, filed the complaint on July 20 in state Superior Court in Freehold.
“Since it’s a review of a municipal action, we anticipate that the matter will be decided relatively quickly,” Corrigan said Tuesday. “I would expect the matter would take no longer than three to six months.”
The complaint also asks the court to dismiss disciplinary charges against Alston and expunge reference to the charges from his personnel file. Alston’s complaint challenges the borough’s entire investigation that led to disciplinary charges against him. It alleges that the borough never conducted an internal affairs investigation, interviewed Alston or paid heed to the results of an investigation by the Monmouth County Prosecutor, which cleared him.
According to the complaint, “The borough simply utilized the prosecutor’s investigatory file and discarded the exculpatory facts while relying on the evidence, all of which was either hearsay, not admissible or not credible, which purportedly warranted disciplinary charges.”
Borough Attorney Pasquale Menna said Tuesday that the Borough Council would authorize its labor attorney, Matthew Giacobbe, of Cleary Giacobbe Alfieri Jacobs, Matawan, to file an answer.
On July 11, the Borough Council voted to demote Alston, 61, to the rank of lieutenant and suspend him for 10 days without pay. The action was the result of disciplinary charges filed in June 2010.
Menna said he anticipates Alston would return to active duty while the matter is being litigated.
The borough’s charges against Alston were heard before Richard Gantner, appointed by the borough, between September and December 2010. He found Alston guilty on Feb. 25.
Until Corrigan filed the appeal, the nature of the disciplinary charges remained closed because they related to what was essentially a personnel matter.
According to the complaint, Alston was charged with seven counts, including, incapacity, misconduct, disobedience, incompetence and neglect, related to four alleged incidents .
Most of these charges relate to an incident in October 2009 when Alston — off-duty at the time — responded to a scene on Orchard Street at the request of a resident.
“Numerous people were gathered in the location, and there was potential gang and drug activity going on,” Corrigan said. “He went to the area and he dispersed an unruly crowd.”
After the incident, the complaint states, a previously convicted felon whom Alston had arrested on drug charges alleged that Alston was intoxicated at the scene, and that person filed a complaint with the Monmouth County Prosecutor’s Office.
Corrigan said the prosecutor’s investigation found that there was no merit to that complaint and that criminal charges were not warranted.
Aspokesman for the Prosecutor’s Office Tuesday declined to comment on the results of the investigation.
Corrigan also contests the borough’s charges that Alston obstructed justice.
“Even the lieutenants admitted that Alston did not interfere with the performance of their duties or any investigation [of the Orchard Street incident],” the complaint states.
It also emphasizes that the prosecutor did not file any charges related to obstruction of justice.
Additionally, Corrigan said the borough’s charge that Alston failed to return seven weapons in his possession was based on an outdated document from the state police firearms registry. The complaint cites the document as saying it “may not reflect current ownership of all weapons owned.”
Corrigan said that Alston had sold two of his weapons in the appropriate legal manner prior to the prosecutor’s request.
The borough’s disciplinary charges also said that Alston had been in Atlantic City while signed in on duty on and around Labor Day 2009.
Corrigan said that Alston was off-duty on the days in question, maintaining that his regular hours did not include Saturdays, Sundays or holidays.
Corrigan previously asserted that the chief’s demotion and suspension were retaliation by the borough to a complaint filed byAlston with the U.S. Equal Employment Opportunity Commission in November 2009. The EEOC decided in Alston’s favor on June 14.
The EEOC complaint alleged violations under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act (ADEA) of 1967.
According to the June 14 ruling by the EEOC, “There is reasonable cause to believe [the borough] has discriminated against [Alston] on account of his race and age.”
The commission upheld Alston’s contention that “he was granted the position [chief], but was not offered the same contract terms and conditions as the previous individuals holding that position who were not African-American and were younger. The commission’s investigation reveals that [the borough] only made a contract offer to [Alston] after [he] contacted the commission to file a charge of discrimination.”
Menna said on July 12 that the borough would appeal the EEOC finding.
Alston has served in the Matawan Police Department since 1972. He became the borough’s first African American police chief in July 2008 after serving as a detective sergeant and lieutenant during the previous eight years.
Menna said the Borough Council would authorize Giacobbe to file an answer to Alston’s complaint at its next council meeting, scheduled for Aug. 2.
Contact Mike Davis at [email protected].