By KATHY CHANG
Staff Writer
EDISON — Despite a looming appeal of his reinstatement, Police Officer Anthony Sarni is happy to be back at work in his hometown, according to his attorney Steve Cahn.
Sarni, 41, an 11-year veteran of the department who was dismissed in October, but court ordered to be reinstated in January, returned back for duty on March 14.
Township Attorney William W. Northgrave said Sarni’s return to the force complies with Middlesex County Superior Court Judge Douglas Wolfson’s latest order in the Appellate Division to give Sarni his gun and badge back and put into motion plans to reinstate him immediately.
“He is not permitted to carry his service weapon until he completes a fitness-for-duty exam,” said Northgrave, noting that scheduling conflicts have delayed the required fitness-for-duty examination that the township will conduct. “Since this officer is suspended with pay anyway, bringing him back to work in police headquarters is more efficient in any instance.”
Northgrave said the township is continuing to pursue an appellate review of Judge Wolfson’s initial Jan. 19 decision that reinstated Sarni.
“At this time, this officer will perform tasks in police headquarters as directed by the Police Chief [Thomas Bryan],” he said.
Cahn, of Cahn & Parra LLC, Edison, said his client wishes to continue serving his hometown as a police officer.
“He is willing to accept any assignments provided to him while the township appeals further,” he said.
Sarni was dismissed in October after an incident at the Extended Stay Hotel in the township in 2012.
He had been suspended with pay since the fall of 2013. His salary is $123,508 annually, state payroll records show.
On Sept. 12, 2012, according to court records, Sarni and fellow Patrolman Mark Ianni responded to a call of a discharged fire extinguisher at the hotel. However, Sarni returned on his own to the hotel later that night, still in uniform, and met with a female guest. Sarni has said that he asked the woman to model lingerie while he was there, but whether it was a consensual encounter and whether Sarni found marijuana in the room and used it as leverage to have the woman model for him, have been in dispute.
The Middlesex County Prosecutor’s Office investigated the matter, but declined to file charges against Sarni. The office did recommend that Edison do its own internal affairs (IA) investigation. Sarni was questioned about a month later, and the department found that Sarni’s actions were inappropriate and that he had not been truthful during the IA interview.
Administrative charges were filed against him, but after the 45-day requirement — a decision that had repercussions.
A hearing officer dismissed all of the administrative charges against Sarni and found problems with the IA investigation, including that the department broke the 45-day rule to file charges. However, Mayor Thomas Lankey opted to terminate Sarni’s employment, in opposition to the findings by the hearing officer.
Subsequently, Sarni sued the township and the department, seeking reinstatement. He claimed the township did not file administrative charges within the 45-day requirement and that Lankey did not have the authority to defy the hearing officer’s recommendation not to terminate Sarni.
On Jan. 6, Judge Wolfson, in his opinion on the matter, said the termination of Sarni was not appropriate since the charges regarding the incident at the hotel were not filed on time. He called the IA interview with Sarni “fundamentally flawed.”
Since Judge Wolfson’s decision, township officials and police command staff have continued to express their opposition to the decision.
“While we have tremendous respect for Judge Wolfson, we believe he is wrong about this matter,” said Northgrave. “That is why we are pursuing an appeal.”
Cahn said he does not believe the township’s appeal has much merit.
“The case has been heard by both a hearing officer chosen by the town and by a well-respected superior court judge,” he said. “Both have concluded that Sarni was not guilty of any misconduct. The appellate court has also agreed he should be back to work. It seems as if further appeals will just drive up the cost and prolong this case.”