Court Upholds Official Misconduct Indictment Against North Brunswick Police Officer

Posted on August 12, 2011 by Donald Barbati

 

As reported by nj.com, an appeals court ruled an indictment against a North Brunswick police officer charged with official misconduct in an accident that killed a fellow officer is legal and should stand. It was the second decision by the appellate judges that the indictment charging Lieutenant Keith Buckley with two counts of official misconduct should be upheld.

In the first decision several months ago, the judges overturned Superior Court Judge Frederick DeVesa’s dismissal of the indictment. DeVesa had found the indictment lacked clarity and would make it difficult for Buckley to defend himself. The Middlesex County Prosecutor’s Office appealed DeVesa’s ruling last year. Buckley also appealed parts of DeVesa’s ruling. Buckley’s appeal was rejected in yesterday’s decision.

Buckley is charged in two indictments arising from the August 12, 2008 death of Lieutenant Christopher Zerby. The first indictment charges him with vehicular homicide after allegedly causing Zerby’s death. That indictment was upheld by DeVesa, but Buckley has filed an appeal that will be heard sometime this fall by appellate judges.

Authorities said Zerby was killed when Buckley lost control of a Dodge Viper on Route 130 in North Brunswick and struck a utility pole. Police said Buckley, who was commander of the patrol division and on duty, drove his police car to his brother’s house to pick up the Viper during the day. They said he stopped by police headquarters to pick up Zerby. Authorities said the car reached speeds in excess of 94 mph before the crash.

The official misconduct charges in the second indictment arise from the fact that Buckley and Zerby were on duty when Buckley took the Viper and violated state motor vehicle laws, as well as departmental rules and regulations.

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Sheriff's Officer Responsible for Reimbursement of Training Costs

Posted on March 5, 2009 by Frank Crivelli

In the case of Spicuzzo, Sheriff of Middlesex County et al. v. Barcheski, App Div., 33-2-2859, the Appellate Division approved a final judgment entered in favor of the Plaintiff, the Sheriff of Middlesex County, where in the Defendant in the case was ordered to reimburse the department $8,469.48 pursuant to a written contract outside of the collective bargaining agreement.  In the outside contract, the Defendant in the case, Barcheski, entered into a written agreement with the sheriff's department that if he left employment prior to the completion of forty eight (48) months active service, he would be required to reimburse the Sheriffs department for the full cost of his training and uniforms.  The trial court ruled that the contract between the parties was a lawful binding agreement despite the fact that there was no mention of the requirement for reimbursement in the collective bargaining agreement.  The Appellate Division affirmed the trial court's decision.

The lesson to take away from this case is simple.  Be very weary of "side agreements" or written contracts external to the collective bargaining agreement that are entered into between the department and individual officers.  While such contracts may not be binding upon a union, the courts have upheld such agreements as being valid when entered into between individual officers and the department despite the contract differing from the collective bargaining agreement. 

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