A lawsuit has been filed on behalf of Westfield Sergeant Preston Freeman and Lieutenant Nicole Stivale and is featured online this morning. See NJ Com article link at the bottom of opinion piece.
It appears that the lawsuit claims discrimination based on race and gender.
Think about it, the first female in Westfield PD history to obtain the rank of lieutenant is claiming discrimination based on gender? Really? I guess since her protectors, former corrupt police chiefs Barney Tracy and David Wayman are no longer in positions of power to protect her inept supervisory skills, a lawsuit gets filed.
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| Nicole Tango-Stivale |
Someone needs to ask, “Why did Lt. Tango-Stivale suspend a subordinate police officer on the spot, without thinking to contact/consult a superior……maybe a captain, maybe your chief?”
Sources have confirmed that proper procedure may not have been followed in authorizing an immediate suspension of a patrolman. TFoTM believes THAT’s why two Westfield supervisors were suspended. This has nothing to do with retaliation, race, or gender. Sgt. Freeman is the frontline supervisor under the command of Stivale therefore, he becomes part of the debacle.
Something doesn’t smell right here. As Westfield councilman Mark LoGrippo recently stated so eloquently at a town council meeting, during discussion about a residential project planned for the corner of Ferris Place and Prospect Street, he described the process as being a bit ”Fugazy.” Well, this lawsuit seems littered with some “Fugazy.”
Sergeant Freeman claims that in March 2007, when he was assigned to patrol the downtown, known as Post 1. A sergeant who saw him in a patrol car ordered him back to police headquarters and to walk back downtown. Freeman claims that the sergeant stated. “That’s for them and this is for you,” when questioned why he couldn’t have a vehicle when other officers used one. NEWSFLASH…..not every officer that has been assigned Post 1 gets a patrol vehicle. It’s been that way for decades.
It needs repeating that not every officer is assigned a vehicle when assigned to patrol downtown. Perhaps had Freeman been “walking the beat” of Post 1 as he was assigned by his patrol supervisor, instead of allegedly sitting in the patrol vehicle, he’d have no claim of what he perceives now to be discrimination along with other incidents of perceived discrimination/retaliation
For those unfamiliar with what the assigned duty of Post 1 entails, an officer is assigned to “walk the beat” in the evening until 11 PM at night or sometimes even later. Some police officers would be given cars if the cars were available while other officers would not be given a patrol car, It has nothing to do with race. It has to do with each individual sergeant and whether they want to accommodate an officer with a vehicle. Perhaps a shift is running short on manpower and the sergeant tells the Post 1 assigned officer to stay near his car in the event headquarters must send him on a call for service across town. That’s a reason to provide a vehicle to the Post 1 assigned officer. Other supervisors, when left short handed on a shift, might still send an officer downtown without a car. It’s at the supervisors discretion.
Regarding the alleged comment made by Westfield police chief Chris Battiloro about car thieves and comparing them to ants, it’s an analogy, nothing more, nothing less even though Freeman has allegedly claimed in the lawsuit that the comment was racist. No doubt that a lawyer has tried to dig deep for other references of discrimination.
From the internet: The phrase to crawl, or to come, out of the woodwork means, of an unpleasant or unwelcome person or thing, to come out of hiding, to emerge from obscurity. The image is of vermin or insects crawling out of crevices or other hidden places in a building.
To try and twist it into a racist comment is frivolous. I make these comments based on my experience working with both officers prior to my retirement in 2007. I also worked in a patrol car with David Wayman when he referred to a passing motor vehicle as “A carload of coal.” The car was occupied by a black motorist and black passengers as it passed the Midas lot on South Ave. Now THAT’s racist.
Preston Freeman is a good guy, intelligent, a good cop. However, I think this lawsuit misses the mark and it’s a reaction to departmental discipline regarding the mishandling of an officer and that officer’s patrol practices.
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| Preston Freeman |
As far as Nicole Tango-Stivale is concerned, I believe she spent less than nine months in patrol before being reassigned to the records bureau. Her appointment to the Westfield Police Department was via former corrupt police chief Barney Tracy and his relationship with her family. Her cousin John Tango was also hired. Tango would get swept up in corrupt police chief David Wayman’s theft from the WPD investigation conducted by the Union County Prosecutors Office. Some have said Tango saved his job by flipping on Wayman just like the demoted Leonard Lugo.
Keep in mind, when Chief Tracy retired (2006), he got a job with the Linden BOE as a security guard……his hook…..a man by the last name of Tango. One hand washed the other. It might not be nepotism, but the hiring of cousins related to a Tango that was hooked up with Linden BOE Supt. Joe Martino, who’s son Joe Martino Jr. was also hired by Barney Tracy, stinks of political posturing trading jobs as police officers for a Tracy job upon retirement
Nicole Tango-Stivale’s arrogance and pompous demeanor as a patrol officer may have been excused as an attempt by her to “mark her spot” or “prove her worth” in a male dominant profession, but quite frankly, most were not fooled. Some saw it as an attempt to cover up her questionable and sometimes inept patrol practices. Why else would another officer be told to shadow her on car stops while she was a patrol officer?
She married one of her training officers (James Stivale) who himself, retired after 20 years in the midst of a DWI trial where a subpoena was issued for his appearance and testimony at trial as one of the arresting officers. That appearance on the witness stand would’ve revealed his questionable patrol practices including racial profiling, illegal motor vehicle stops, failing to call out certain motor vehicle stops, and falsifying radio transmissions on the legitimacy of his car stops. Don’t believe TFoTM, ask former prosecutor C. Nugent. Jim Stivale wouldn’t return to work and the DWI charge against the motorist was dropped.
Nicole Stivale’s lawsuit is without merit and is a frivolous attempt to fleece the town by lodging accusations that contradict her rise to the first female lieutenant and highest ranking female in department history.
Her first two promotions were based, in part, on her connections made through the hiring process and her allegiance to former corrupt police chief Barney Tracy and police chief David Wayman…..and she tested well. Was the testing process tainted? This lawsuit seems more of a retaliation by Nicole Stivale, because she can’t take her medicine in the form of discipline due to her alleged inept handling of a subordinate (patrolman) under her command.
As far as Preston Freeman is concerned, TFoTM believes the race card is being played here and quite frankly it’s sad because he is a man of integrity. I do hope to be wrong in some of these opinions and observations, that would mean a payday for Stivale and Freeman. That payday might be inevitable considering many municipalities decide it’s cheaper to settle a lawsuit than it is to fight it.
Freeman allegedly claims that the delay in his promotion to sergeant was discriminatory. Based on source information, Westfield police chief Chris Battiloro was apparantly delaying promotions to be made from a test administered by the corrupt and proven thief/liar chief David Wayman who resigned after a UCPO theft investigation.
Allegedly, no criteria was set and the testing process was allegedly tampered with to garner the results Wayman wanted. Battiloro wanted the promotions to be made in full transparency and with a selection/testing process that could be trusted. The delay in promoting Freeman had nothing to do with discrimination based on race. If anything, perhaps Freeman should be paid for the delay in his promotion once it was decided the Wayman testing process results would reluctantly be used.
TFoTM doesn’t deny that racial profiling has existed in the Westfield police department for decades by a select few officers. TFoTM doesn’t deny that Westfield supervisors Tango-Stivale and Freeman suspected racial profiling by a subordinate. The question remains, did they handle it correctly?
If proper departmental procedures were not followed in the investigation of a subordinate’s patrol practices and suspension, the supervisors should be held accountable.
The subordinate’s alleged immediate suspension by Tango-Stivale and Freeman appears to be due to the subordinates refusal to complete an Officer’s Report on why he ticketed a black motorist and not a white motorist.
Simple solution to the supervisor’s request for a report would’ve been to write the report using a few words….”Police officer discretion.” Should Tango-Stivale, as the department’s Watch Commander, absent the two captains and police chief, be authorized to issue an immediate suspension without consultation of those in a higher rank?
TFoTM believes that Tango-Stivale and Freeman allegedly gave a lawful order to a subordinate officer to write an officer’s report. What followed is in question?
Bottom line, Westfield police chief Chris Battiloro is not a racist. That statement is based on years of experience working with him and based on the observations of others that TFoTM has contacted. His tenure as police chief has turned the department around after years of corruption and coverups were commonplace. Any police chief willing to rock the boat of corruption, to right a sinking ship wrought with a tainted promotional process, favoritism, and a “good ole boy” network, will run into issues.
TFoTM supports the honest men and women of the Westfield Police Department that took an oath “To protect and to serve” the community of Westfield with integrity.
You’ll never know what a lawyer will spin something into to justify a lawsuit. The fact of the matter is, TFoTM believes you can sue a ham sandwich for not having the right amount of mustard on it. It doesn’t mean you’re going to get more mustard. Let’s see if this ham sandwich gets more mustard.
Let's also see if any settlement includes a confidentiality clause.
ReplyDeleteConsidering the scandal in Clark and the confidentiality clause behind which Clark and "whistleblower" both hid, it would be important for the Town of Westfield to refuse any such secrecy.
Any claim of the confidentiality of employee protection seems to have been forfeited by the suing employees. Any request for confidentiality by the Town indicates the Administration wants to hide something from the public.
There is a terrible shame in lawsuits such as these. The Attorney General and the labor unions, in an attempt to protect individuals , pass rules barring the departments from defending themselves. The Towns' insurers demand silence to avoid problems in court later on. These logically protective requirements of silence leave the departments looking like they are guilty of the acts accused.
ReplyDeleteNowhere is it mentioned in the news that the AG has two categories of offenses for which an officer can be disciplined. At best, it would seem that Forcinito could NOT be immediately suspended without a consideration by a higher rank than the Lt. who acted. It seems she might not have acted according to AG guidelines.
It might also have been interesting if the reporting media had mentioned that a cop has wide latitude on a speeding violation but MUST issue a ticket for violation of the rules surrounding driver licenses. Since the minority driver was REQUIRED to receive a ticket, the fact that he did get one might have been the fault of the rules rather than bias.
Unfortunately the media can't sell itself with a story about a cop following the rules. A lawsuit claiming bias sells better and the target can't respond.
The present Chief used an analogy involving ants. I have little doubt that the minority officer has heard numerous offensive remarks about his race, but it seems to be a stretch to make this analogy racist.
Any desire by this Chief to avoid using a promotional exam created under the direction of his predecessor is a blow for equality and openness. To have been promoted by a chief and then claim he's a bigot is a bit confusing. Of course, it's easy to say when the opposition must remain silent.
While the restrictions of the AG and insurance companies are well meaning, they cause a lot of headaches for the accused who are gagged. Being told to wait for the truth would be ok if the accused knew he'd have his day in court. The Town and the insurance company has control and they usually only care about how much money they will have to spend. The good name and reputation of the parties is irrelevant.
Lets give the defense a shot at some facts.
Who cares if she was the first female Lieutenant. She was also probably the least qualified Lieutenant in department history. Why not promote people on merit and not sexual orientation. The residents of Westfield get what they deserve.
ReplyDeleteThe fact that she’s the first female lieutenant is important because it contradicts her claim she’s a victim of gender discrimination.
DeleteShe wasn't screaming gender discrimination when she only had about 12 months on the job when she got pregnant, said 12 months also included her training period. The PD did the right thing and pulled her off the road and assigned her to the Dispatch Center working the desk until she went out on maternity leave. Once she returned to full duty after Baby # 1, she was put back on the road in patrol, then 4 months later she announced she was pregnant with Baby # 2, and again the PD did the right thing and pulled her off the road and assigned her to the Dispatch Center working the desk. Nicole would never see patrol as a patrol officer again, as when she returned back to full duty, Captain Wayman had her assigned to Administration to do his Captain paperwork and his computer entires in the scheduling system because the Town denied his request for a Secretary. So now you basically have a Lieutenant with under a year and a half of patrol officer experience. This was created under the Wayman regime.
ReplyDeleteAnother inaccurate part of the lawsuit is that they claimed Freeman was the first African-American (black) Officer promoted to Sergeant, that is wrong. Sergeant Earl Lambert was a Sergeant with WPD and retired in the mid 80's. Some people need to do their homework.
DeleteThat Dave Wayman is like the gift that keeps on giving to the residents of Westfield. Why aren't residents upset about this. Why is the inept prosecutors office not looking into this corrupt, egotistical, tyrant.
ReplyDeleteNot all, but some of the corrupt underlings he put into place, are still wearing the uniform. It will take years for the sewage to be cleaned out.
DeleteDave Wayman is a disgrace to law enforcement everywhere
ReplyDelete