Hancock v. Borough of Oaklyn
Decision Date | 05 February 2002 |
Citation | 347 N.J. Super. 350,790 A.2d 186 |
Court | New Jersey Superior Court |
Parties | William HANCOCK and John Warner, Plaintiffs-Appellants, v. BOROUGH OF OAKLYN, Chief Ronald J. Frumento, Mayor Vincent Sciboni, Lieutenant Christopher Ferrari, Defendants-Respondents. |
Clifford L. Van Syoc, Cherry Hill, for appellants (James E. Burden, on the brief).
Brown and Connery, for respondents (William M. Tambussi, Westmont and Diane S. Kane, on the brief).
Before Judges BAIME, NEWMAN and AXELRAD. The opinion of the Court was delivered by AXELRAD, J.T.C. (temporarily assigned)
Plaintiffs, William Hancock and John Warner, appeal from an order granting summary judgment and dismissing their complaint. Plaintiffs' complaint alleges that defendants, Borough of Oaklyn, Chief Ronald J. Frumento, Mayor Vincent Sciboni, and Lieutenant Christopher Ferrari, retaliated against them in violation of the New Jersey Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to-8. On June 27, 1997, Hancock, a sergeant in the Oaklyn Police Department, came across a $600 payment voucher to Ferrari, a lieutenant in the department, for his work on a DWI patrol shift. Hancock believed that Ferrari did not perform the work because Ferrari was on special assignment with the Camden County Prosecutor's Office at the time. Hancock communicated this information to Warner, a patrolman in the Oaklyn Police Department. Plaintiffs reported their suspicions of Ferrari's potential criminal misconduct to Mayor Sciboni and then to Investigator Simonini of the State Attorney General's Office. As a result of plaintiffs' disclosure of two potentially questionable payment vouchers for Ferrari, in August 1997 the Attorney General's Office seized records from the Oaklyn Police Department to further its investigation.1
In early 1998, both plaintiffs were the subject of an Oaklyn disciplinary hearing alleging violations of a number of police departmental policies. During the course of that disciplinary matter, plaintiffs were represented by Barbara M. Paul, Esquire. Sometime in April 1998, prior to the commencement of the formal hearing, plaintiffs' attorneys in this action, Van Syoc Chartered, sent a letter to the Oaklyn municipal solicitor on behalf of the officers, claiming that the proceeding was in violation of CEPA, and requesting an adjournment of the hearing. Notwithstanding the letter, the disciplinary hearing commenced before John McFeeley, III, Esquire on April 10, 1998, was adjourned, and concluded on June 26, 1998. On July 6, 1998, Mr. McFeeley issued a written opinion wherein Warner and Hancock were found guilty of various departmental violations. These disciplinary actions which resulted in brief suspensions from work, were appealed, and on de novo review, the findings on all the disciplinary charges were sustained by the Law Division. On November 9, 1999, Judge Mariano entered the following order, which was not appealed:
The record also indicates that on December 17, 1999, counsel reached an agreement on disciplinary charges filed against Warner on September 24, 1998, whereby the charge of failing to timely complete records was sustained and the other charges were dismissed. Additionally, it was agreed by the parties and specifically acknowledged by Warner that the facts giving rise to these disciplinary charges filed against Warner and the dismissal of the charges would not be evidential in the CEPA action.
Plaintiffs filed a complaint on May 22, 1998, alleging that, in response to their "protected conduct in reporting potential criminal misconduct," they were subject to "a course of malicious retaliation in violation of CEPA" in the form of fraudulent disciplinary charges being brought against them by defendants, as well as being the victims of other disparate treatment by defendants, in particular, Police Chief Frumento. They claim that Frumento is a "close friend" of Ferrari's and when he learned of their role in "blowing the whistle" and precipitating the investigation, he began retaliating against them.
Hancock claims the following acts of retaliation:
Warner claims the following acts of retaliation:
In its summary judgment motion, defendants claimed there was no admissible evidence demonstrating that Hancock or Warner were treated any differently from the other officers in the department who did not "blow the whistle." Defendants responded to each of plaintiffs' allegations of retaliatory conduct based on information obtained in plaintiffs' depositions. They asserted the following as to Hancock:
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