Improper Disciplinary Practices are alive and well in the Newark Police Department.

The Newark Police Department brought me up on charges back in July, 2009 charging me with violating the Rules and Regulations specifically: Mental and Physical Capability. The department contends that I rendered myself incapable of performing my duties as a police officer.
Having injured myself on-duty taking a police action and enduring several surgical procedures it became apparent that I would not be able to finish out my career and I filed for a disability pension in March, 2009. Once I filed for a disability pension it took the City of Newark over four months to certify my employment properly and then another seven weeks thereafter to get the necessary medical records to my attorney so that I could proceed with the retirement process. These delays can be contributed to nothing more than incompetence on the part of employees in both the police department and Newark City Hall.
I was subpoenaed before the Newark Police Department Trial Board on November 9th, 2009 which was chaired by Captain Richard Cuccolo, Captain Ronald Kinder, and Captain Susan Cole. On this date the Trial Board adjourned my Hearing and recommended I go on Terminal Leave until my retirement which has been tabled for December 14th, 2009. As other officers have done this in the past, I complied with their recommendation and began my Terminal Leave on November 10th, 2009.

On November 12th, 2009 the Newark Police Department terminated my employment without a Hearing and without contacting my attorney citing that the police director had overturned the Trial Board's Decision. What was confusing to my attorneys and myself was the fact that the Trial Board could not have made a decision since the Hearing was adjourned and there was no plea entered or witnesses brought forward. My attorneys, Patrick Toscano and Michael Garcia protected my rights and had me reinstated immediately on November 13th, 2009.
The Newark Police Department then subpoenaed me back before the same Trial Board on November 17th, 2009 with the exception that Captain Kinder had been replaced by Lieutenant Eugene Venable. Captain Kinder was removed at the request of my attorneys as he is directly involved with the charges that have been brought against me. (It is amazing that they had him sitting there in the first place as they review the cases before they date of the Hearing.)

The Trial Board headed by Captain Cuccolo, proceeded with a Hearing over numerous objections from my attorney due to the fact that they refused to make their own witnesses available for cross examination and denied my right to bring forward witnesses for a fair and reasonable defense. The only witness brought before the Trial Board was Lieutenant Palmer Amos, who sat there for almost three hours attempting to testify to statements made by other people.
During this time the Trial Board Members acted in an extremely unprofessional manner laughing on several occasions during the proceeding as if we were there to have a friendly get-together.
In the end the Trial Board terminated me for the second time in five days without a proper Hearing. What is also worth mentioning is that Sergeant Beatrice Golden already had two sealed envelopes in her hand to serve me with that contained a Final Notice of Disciplinary Action signed by Police Director Garry McCarthy immediately as the Trial Board Members left the room with the City Attorney, Madge Buckle. There was no time for the Advocate Section to type this FNDA and get it up to Police Director Garry McCarthy for a signature which proves that a decision was made on my case without any testimony heard by anyone.

I am certainly aware that these types of tactics have been used before in the Newark Police Department but it is apparent that they have no idea what procedural and substantive due process means.
My attorneys have filed an emergent appeal with the Office of Administrative Law with hope that a decision will be made that will prohibit the Newark Police Department from exercising these types of practices in the future.

Benevolently;

Dino A. D'Elia
President
Newark PBA, Local #3