Court Reinstates Princeton Borough Police Officer

Posted on January 25, 2011 by Donald Barbati

 

As reported in the Trenton Times on January 25, 2011, a judge has ordered Princeton Borough to reinstate a police officer who was suspended without pay in 2008 and to reimburse the officer for back pay and legal fees totaling an estimated $400,000.

Last week, Superior Court Judge Linda Feinberg dismissed all charges against Sergeant Kenneth Riley related to allegations that he wrongfully accessed a police department video database of motor vehicle stops in January of 2008. Feinberg issued an order requiring the borough to reinstate Riley effective this week.

Riley allegedly reviewed a video of a police stop that involved a drive suspected of drunken driving. A sergeant and three patrolmen were involved in the stop, and two of the patrol officers were under Riley’s supervision. During the stop, the sergeant allowed the driver to urinate in bushes on private property. Riley learned about the incident and believed the sergeant had violated policy.

A borough officer for 17 years and sergeant since 2006, Riley was suspended with pay in March 2008 along with two other officers as part of an internal affairs investigation related to the access of the video database. He was indicted by a grand jury in September 2008 and the borough stopped paying him in late September of 2008.

The Mercer County Prosecutor’s Office contended that Riley showed the footage to other officers in order to hurt the other sergeant’s standing in the department. Prosecutors claimed he was untruthful during questioning about when and why he accessed the database.

But, in November of 2009, a judge threw out the six-count indictment because Riley was authorized to access the database. Despite this finding, the Borough continued to pursue the case internally, racking up thousands of dollars more it would owe in back pay and legal fees. An administrative hearing officer upheld Riley’s suspension, which Riley then appealed in Superior Court.

Riley, who earned a salary of $103,706 annually, is owed about 28 months of pay, or more than $241,000, plus money he spent on health insurance and legal fees, for a total estimated to be about $400,000. Including the borough’s fees for its own lawyer, staff, and an administrative hearing officer, the case could cost borough taxpayers about $500,000.

Councilman Roger Martindell, a vocal critic of the borough’s handling of disciplinary matters, called the pursuit of disciplinary action against Riley “a colossal waste for borough taxpayers.” “It appears that the borough has spend hundreds of thousands of dollars in pursuit of disciplinary action against Sgt. Riley without a firm foundation for doing so,” he said.

 

Borough Council President Kevin Wilkes, who starting serving as a police commissioner in 2010 after the council revived its police commission, said the borough will abide by the judge’s order. The governing body has not decided whether to appeal the case, and will discuss the matter in closed session at the next council meeting. 

The Borough banked Riley’s salary in the event that he would return, so the borough does not need to find the additional money for that cost, Wilkes said. Riley was also counted as one of the borough officers until recently, and one officer who is out on disability is moving to dispatch, so the Borough will not exceed its limit of officers with Riley’s return.
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Appellate Division Affirms Police Officer's Removal for Misconduct

Posted on June 3, 2010 by Donald Barbati

On June 3, 2010, the Appellate Division decided In the Matter of Torres Mayfield, Docket No.: A-2969-08T1. In the case, Torres Mayfield appealed from the final decision of the Civil Service Commission (“Commission”) terminating him as an Atlantic City police officer for misconduct.

Mayfield was charged with violations of Atlantic City Police Department Rules and Regulations relating to a domestic dispute involving J.M., who is deaf. In the early morning hours on April 1, 2006, J.M. sought help from police complaining that she was assaulted by her boyfriend, Mayfield. She was bruised and beaten by Mayfield because he thought she was communicating on the computer with an old boyfriend. Mayfield punched her in the face and threatened to hang himself if she left him. That night J.M. was distraught, upset and scared. She was treated in the hospital and photographed.

J.M. eventually dismissed her municipal court charges against Mayfield. She refused to testify at the administrative hearing because Mayfield is the father of her child and they resided together. She was arrested and forced to appear at the administrative hearing. At the hearing, she was defiant and appeared distraught, upset and scared.

During the investigation, Mayfield said that on the night in question he was with Rodney Jamal Armstrong and Ali Cottrell. Mayfield told the investigating detective that when they arrived at his house, J.M. said she was hit by a boot thrown by Mayfield’s son. Armstrong testified he was at a club with Cottrell, but not Mayfield. Armstrong said Mayfield called him telling him and Cottrell about the boot.

The Administrative Law Judge disbelieved the testimony from J.M. that she was struck by a boot. The injuries were not consistent with being struck by a boot, and it was clear to the ALJ that J.M. did not want to contribute to the case against Mayfield. The ALJ found that Mayfield was untruthful by attempting to create an alibi and blame his son. As such, the ALJ found Mayfield assaulted J.M. and was untruthful in his response to the investigation. The Commission adopted the findings of fact made by the ALJ and found the termination of Mayfield as a police officer was justified. This appeal ensued.

On appeal, Mayfield contended the administrative decision was not based on legally competent evidence and that, even if the record supports a finding of guilt, his termination was not in accordance with the principles of progressive discipline.  The Appellate Division rejected his arguments and affirmed his termination. Specifically, the Court found that Mayfield failed to demonstrate that the ALJ’s decision was arbitrary, capricious or unreasonable. Moreover, the Court agreed with the ALJ that Mayfield’s offenses in this case were severe enough to warrant his removal despite lack of a substantial prior disciplinary history.

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