Corrections Officer Charged In Fake Grenade Incident

 

As reported by the Asbury Park Press on August 24, 2009, Keith Trimmer, 41, a senior corrections officer at Mountainview Youth Correctional Facility, has been charged with bringing an imitation hand grenade into the facility on May 13, 2009, creating a disturbance, according to the Hunterdon County Prosecutor’s Office.

Other correction officers saw the device, prompting a response from the Department of Corrections’ Special Operations Group. The Special Operations Group provides tactical and technical support during a crisis. 

The incident was investigated by the Hunterdon County Prosecutor’s Office, Major Crimes Unit and the Department of Corrections, and the Special Investigations Division of Mountainview Youth Correctional Facility. As a result, Officer Trimmer has been suspended without pay since May 15, 2009.

To read the article in its entirety, please click on the following link.

Legislation Proposed Regarding Illicit Cell Phones Inside NJ Prisons

 

As reported in the Trentonian on August 24, 2009, illicit cell phones remain a major problem inside New Jersey’s prisons, as inmates use the devices to secretly communicate with each other, intimidate witnesses and direct drug deals and other illegal activity. As a result, one New Jersey lawmaker is proposing to give corrections officials more tools to deal with the problem. 

Assemblyman Patrick Diegnan, Jr. recently proposed legislation calling on the State to seek proposals for installing and operating a wireless communications device detection system. Another measure calls for blocking the transmission and reception of cell phone equipment carrying voice, text messages, images and other data within correctional facilities.  No hearings have been scheduled yet on either measure.

Officials would have to ensure that the latter technology would not interfere with emergency or public safety communications and that it operates at the lowest possible transmission level necessary, nor interfere with cell phone signals that originate and end outside the state’s correctional facilities. 

Nearly 400 cell phones have been seized in correctional facilities since August 2008, when officials started keeping track of confiscations, according to State data. More than a third were found in Northern State Prison in Newark, which houses the State’s most dangerous gang members, and four associated halfway houses. Officials say the smuggling problem has worsened in recent years as cell phone technology has improved. They note that newer, smaller phones are made with less metal, making them harder to detect. 

“Incarceration should be a time for reflection and rehabilitation, not for continuing criminal enterprises or intimidating witnesses,” Diegnan said. “We should take advantage of the technology we have to ensure offenders aren’t simply moving the bases of their operations behind bars thanks to cell phones.”

New Jersey, though, is not the only state dealing with a phone smuggling problem. About 3,500 phones have been found in California institutions this year, which is more than the entire total seized in 2008. In Texas, officers have found more than 900 phones so far, compared with 1,200 for all of last year.

“Illegal cell phone use by prisoners has become a leading worry throughout the country and has played a leading role in the expansion of gangs both behind bars and on our streets,” said Diegnan. “While we’ve taken aggressive steps here in New Jersey to combat it, these bills would simply boost our efforts and enhance public safety.”

U.S. State Pensions Face Overhaul in Bad Economy

 

Recently, Karen Pierog and Jim Christie published an article addressing state pension overhauls during these tough economic times. Specifically, the article examines how Illinois, California, and other states have instituted reforms to combat increasing and debilitating unfunded pension liabilities. 

According to the article, the National Association of State Retirement Administrators found a nearly $443 billion collective unfunded liability for the 125 state, local government, and teacher pension funds in its most recent survey. The situation is likely to worsen as the recession punches holes in budgets nationwide and causes big investment losses for defined-benefit pension plans that pay out a fixed income. As a result, it is suggested that the economic downturn may also lead to more reforms as politicians and taxpayers realize they can no longer afford plush pensions compared to defined-contribution 401(k) plans in the private sector which pay income based on variable investment returns. 

This year, laws were enacted in Georgia, Louisiana, Nevada, New Mexico, Rhode Island, and Texas that reduced benefits for new employees. On the local level, New York City has repeatedly trimmed pension benefits for new hires by creating pension tiers. Illinois and California are among the states evaluating various reform suggestions and/or establishing pension commissions in order to adequately address the problem. In all, it is clear state pension systems are facing a major overhaul in response to the poor economic climate.

This article is of particular importance because the status of the New Jersey public pension system is vital to every resident of this state and especially crucial to public safety employees. Consequently, all current or retired New Jersey public safety officers should read this article in order to fully understand the measures being taken across the country to rectify the problems that have become prevalent in defined-benefit pension plans. To read the full article, click on the following link.

Suspension of Hudson County Corrections Officer Upheld

 

On August 17, 2009, the Appellate Division decided In the Matter of Juan Melendez, Docket No.: A-4617-07T1. In the case, Juan Melendez, a Hudson County Corrections Officer, appealed from a final administrative determination of the Merit System Board (“Board”) imposing a fifteen-day suspension for neglect of duty and other sufficient cause warranting discipline.

The Board adopted the initial determination of an Administrative Law Judge on a remand following his first determination that the suspension should only be for three days following Hudson County’s suspension of thirty days. On appeal, Melendez argues that: (1) the decision of the Board upholding the charges is not supported by credible evidence in the record; (2) the penalty of a fifteen day suspension is at odds with the concept of progressive discipline and appellant’s prior disciplinary history; and (3) he is entitled to attorneys’ fees based on having prevailed on all or substantially all of the primary issues.

The testimony before the ALJ revealed that Sgt. Kevin Orlik reported, and testified, that Melendez was asleep at his post in a trailer annexed to the jail on March 19, 2006 when Orlik and other officers arrived to conduct a search of the cells. In his testimony, Orlik testified that when he entered the trailer he “saw Officer Melendez reclined back in a chair with a roll of toilet paper as a pillow or cushion behind his neck,” “his eyes were closed,” and he was “motionless” as he was observed “for approximately a minute to two minutes” until other officers entered the trailer and started to make noise. Melendez testified that he wasn’t sleeping and told that to Orlik when he directed Melendez “to write a report on why [he] was sleeping.” Melendez challenged Orlik’s credibility by noting that his written report omitted details embodied in his testimony.

There was also testimony about the practice of standing when a superior officer enters the room. Melendez did not do so on the night in questions, and testified that it wasn’t a “regular routine” and he generally did not do so. Although the failure to stand was not itself a basis for discipline, it was determined to be relevant to the issue of “attentiveness” at the time, as well as to the ALJ’s finding that the inattentive conduct was a “sufficient cause” for the three-day suspension he initially imposed.

On the remand, despite making credibility determinations against Orlik because of the failure to include certain details in his written report, the ALJ found neglect of duty and “other sufficient cause” for the discipline, and found that “the failure to stand and acknowledge Sgt. Orlik’s when he entered the trailer to constitute being inattentive.”

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Suspension of Newark Police Officer Upheld

 

On July 31, 2009, the Appellate Division decided In the Matter of Eddie Gonzalez, Docket No.: A-0644-07T2. In the case, Eddie Gonzalez, a Newark Police Officer, appealed from a final decision of the Merit System Board (“Board”) adopting the findings of fact and conclusions of an Administrative Law Judge (“ALJ”), concluding that Gonzalez engaged in conduct unbecoming a public employee and violating certain Newark Police Department (“Department”) rules and regulations. The Board adopted the ALJ’s recommendation and imposed a six-month suspension.

In June 2003, Richard Diaz lived in Newark, and Gonzalez was his next-door neighbor. Diaz and Gonzalez were involved in a dispute, which resulted in Diaz filing a harassment claim against Gonzalez alleging that Gonzalez kissed Diaz’s minor daughter. On June 9, 2003, Newark Police Officer Philip Turzani was assigned as a dispatcher for the Department. Near the end of his 6:00 a.m. to 2:00 p.m. shift, he received a call from Gonzalez asking Turzani if he would like Gonzalez to bring him coffee. 

Gonzalez then arrived at the Newark Police and Fire Public Safety Communications Center (“Center”) at approximately 1:30 p.m., in plainclothes, and requested that Turzani run a license plate number through the Department’s computer system. Turzani asked Gonzalez if his purposes for running the plate were “legal,” and Gonzalez responded that his neighbor was trying to obtain a job and wanted to check his driving history. Turzani admitted to running the license plate, but could not recall the name of the individual connected with the search. Turzani stated that Gonzalez viewed the screen with the results on it.

Upon returning home from vacation on June 19, 2003, Diaz received twelve motor vehicle summonses in the mail. The summonses were allegedly issued by Officer Edward Sculthorpe of the Department on June 9, 2003 at approximately 2:00 p.m. Diaz challenged the summonses, claiming that he had not been stopped by a Newark police officer on that date. At the court hearing regarding the summonses, Officer Sculthorpe denied writing them and they were dismissed.

The summonses prompted a further investigation as on June 25, 2003, Diaz filed an Internal Affairs complaint with the Department against Gonzalez. In response to the complaint, Captain Robert Sbaraglio of the Department spoke with Sculthorpe, who confirmed that he had not written the summonses. Following the dismissal of the summonses, Sbaraglio conducted a preliminary investigation and identified the summons book that had been issued to Sculthorpe as the source of the summonses. Sbaraglio then had both Gonzalez and Sculthorpe submit administrative reports regarding the summonses. Both denied issuing the summonses.

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