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pressofAtlanticCity.com
Life, one
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Don't let Millville
punish us, police ask judge
Gay officer's
harassment claim has city's top cop,
three officers
arguing for relief
By John Martins Staff
Writer, pressofatlanticcity.com June 15, 2007
MILLVILLE — Four of this
city's police officers, including its top cop, are asking a judge to
preemptively bar Millville officials from punishing them on the basis of a gay
officer's claim that he was harassed because of his sexual orientation.
Attorneys for the city will appear at the Cumberland County Courthouse on Monday
to convince Superior Court Judge G. Thomas Bowen not to grant the request, which
was filed April 24 in Cumberland County Superior Court.
The lawsuit — which was entered on behalf of Chief Ronald Harvey; his son, Sgt.
Michael Harvey; and lieutenants Edward Zadroga and Thomas Romanishin — argues
that a state-imposed deadline has already passed for taking disciplinary action
once an investigation has closed.
According to court documents, the City of Millville hired the Vineland law firm
of Gruccio Pepper to investigate the harassment claims lodged in November by
Officer Robert Colle.
Colle, of Egg Harbor Township, complained to city officials Nov. 7 that he was
being discriminated against and forced to work in a hostile environment for an
unspecified incident that occurred five days earlier.
The officer, who remains out on leave, alleged that he was also being retaliated
against for reporting the discrimination.
Within the court records, a memo from City Commissioner Jim Parent to the police
chief indicated that Colle's interviews with the city-hired Vineland lawyers
“raised concern that (the city) may be unable to conduct a fair and impartial
investigation by (its) Internal Affairs unit.”
Last week, the City Commission passed a resolution hiring Steven Secare, an
Ocean County attorney, to “perform professional legal services in connection
with special personnel matters involving the Millville Police Department.”
In the event that any administrative wrongdoing is found, Secare would serve as
a “special prosecutor” in the case, advising the commission on how to proceed
with the disciplinary action.
The four officers asking for court-ordered relief, however, are claiming that a
Cumberland County Prosecutor's Office investigation into the matter, which
allegedly was closed Dec. 18, ended with the office declining to proceed with
criminal charges.
To support their argument, the officers' lawyers cite the state law governing
the removal or suspension of police officers, which grants municipalities a
45-day window to file complaints against their law-enforcement officers.
According to the law, if there is no concurrent criminal investigation, the
complaint cannot be filed any later than the 45th day “after the date on which
the person filing the complaint obtained sufficient information to file the
matter upon which the complaint is based.”
If, on the other hand, there is a criminal investigation associated with the
complaint, then the 45-day deadline begins after the inquiry is concluded.
Secare said Thursday that he filed a brief with the court outlining the city's
position on the matter, which he did not explain. He said only that the city
disagrees with the police officers' allegations.
Neither Millville Mayor Jim Quinn nor Parent, the city's commissioner of public
safety, would answer questions Thursday about the lawsuit.
Cumberland County Prosecutor Ron Casella also declined comment.
A call to Michael Testa Sr., the Vineland attorney representing the Harveys, was
not returned Thursday. Nor was one returned by Bridgeton attorney Kevin McCann,
who is representing Zadroga and Romanishin.
To e-mail John Martins:
JMartins@pressofac.com (856)
794-5114.
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