Town holds hearings
on suspended officer
A civil suit filed by a suspended police officer against the borough of Allentown and several of its officials has been returned by a state Superior Court judge to Allen-town for an administrative hearing by a court-appointed hearing officer.
Allentown Patrolman Philip Schirmer, who was suspended without pay from the Allentown Police Department in June 1999 based on two allegations of improper conduct and official misconduct, filed a civil suit against the borough and several municipal officials in the wake of that action.
Borough officials leveled five additional administrative charges against Schirmer on June 17, before Superior Court Judge Lawrence Lawson, sitting in Freehold, remanded the original suit to Allentown for an administrative hearing based on a decision he rendered July 10.
According to attorney Dean Buono, of the law firm Parker McCay, of Marlton, representing Schirmer in his suit against Allentown and borough officials, an administrative hearing was held July 12 in Allentown before Joseph Leo, the borough administrator of Matawan who was appointed as the independent hearing officer to hear the charges against Schirmer.
"Mr. Schirmer and his counsel appeared at the July 12 administrative hearing, where both sides to the dispute were represented and the hearing process began," Buono said. "We cross-examined the witnesses presented by the borough and we will continue to defend our client against the baseless and unfounded charges."
Buono said Lawson decided the parties to the dispute should exhaust all administrative remedies before the court should be called upon to decide the matter.
"The administrative hearing process functions much like a municipal courtroom trial, with the hearing officer acting as a judge and deciding the outcome on the merits of the testimony and evidence presented by the parties," Buono said. "There are three more hearing dates scheduled, on Aug. 2, 9 and 16 at Allentown borough hall."
Schirmer is also awaiting a hearing before the state Public Employment Relations Commis-sion (PERC) based on an unfair labor practice charge he filed against the borough regarding his suspension from the police force for alleged misconduct and official misconduct.
Through his attorney, W. Reed Gusciora, of Lawrenceville, who is representing him on the PERC complaint, Schirmer has maintained he was the victim of retaliatory action taken against him by borough officials as a result of his negotiating a union contract, as the local Fraternal Order of Police president, on behalf of Allentown officers with the borough.
Regarding the charges leveled against Schirmer, Gusciora said the incidents alleging official misconduct were referred to the Monmouth County Prosecutor’s Office, which determined they were "without substance and unfounded" and decided not to pursue any action against Schir-mer, returning them to Allen-town’s jurisdiction.
The unfair labor practice charge is scheduled to be heard before a PERC examiner in Trenton, most likely in September, Gusciora said.
Commenting on the additional charges leveled against Schirmer in June, Gusciora characterized them as "retaliatory" and an "abuse of process" by borough officials who want to see Schirmer permanently removed as an Allentown police officer.
"The borough and its attorney want to drag this controversy on," Gusciora said. "In the end, the real losers are the borough residents, because they must foot the bill for the increased legal expenses, and Phil Schirmer, who has been unjustly deprived of his job and his rights."
The Examiner was unable to confirm at press time whether the Aug. 2 administrative hearing would be open to the public.
According to Gusciora, if Schirmer, through his attorney, requested the hearing be held in public, the session would be conducted in that manner.
Borough officials said the hearing is a personnel-related matter and could be closed to the public.
Thomas Savage, of the law firm Savage and Serio, of Lambertville, who is representing the borough and its officials at the administrative hearing, could not be reached for additional comment on the administrative hearing at press time.