The following letter to the The Fact of The Matter was written after the writer reviewed 70 pages of a 130 page Internal Affairs investigation report relating to a biased policing complaint filed against Westfield Police Officer Forcenito. The Westfield Police Department Internal Investigation file follows the letter.
Dear, The Fact of The Matter
The various media gave prime coverage to the filing of a lawsuit by two Westfield policeman against the town based on the alleged racism of a third officer evidenced by two tickets issued by the third officer and by “numerous observations” one of the accusing officers witnessed in past dealings with him.
The media recently posted a video of the alleged racist ticket, which showed exemplary conduct by both the officer and the motorist receiving the ticket. The news outlet did comment on the allegation of “numerous observations” when the video contradicted the allegations of misconduct.
The factual investigation of the matter shows that the two accusing officers admitted that they had no specific incident of racism against the accused officer. Both accusers admitted they knew that they were duty-bound to report such conduct when they learned of it. Both admitted they never made such a report.
The accusing officers charged that the offending policeman refused to write a report and they charged him with insubordination. The accusing officers never mentioned that there was no refusal, just a request for PBA representation. This is an absolute right of the alleged offending officer.
The accusing officers suspended the third-party on the spot and sent him home. The New Jersey attorney general guidelines specifically set forth how and by whom such discipline can be exercised. Both accusing officers admit they knew of the guidelines and did not follow them.
Other allegations in the complaint emphasized by the media claim that the African-American plaintiff was the first such officer promoted to sergeant. This is blatantly false and the local media should have mentioned that.
Lastly, anyone connected to law-enforcement knows that a summons must be issued to anyone driving with an expired license. The two accusing officers admit that the ticket to the African-American driver for a lapsed license was mandated. It had nothing to do with race.
It is amazing how the press in all its forms, is quick to report allegations of racial misconduct by government officials, especially police.
In the police investigation of the allegations against the Westfield officer, the two accusing officers could not substantiate any allegation and admitted violations of numerous rules and regulations.
The lawsuit continues and the defense is controlled by the insurance carrier which is far more interested in costs than in truth.
In the past, the norm seems to be to throw some money to the complainant and make everyone promise confidentiality.
This is one time when the present administration can refuse to ask for, or agree to, confidentiality and to try to impose on its carrier to seek truth rather than economy.
I don’t know the accused officer, but having reviewed the facts in this matter, I would like him to know he’s an asset to Westfield.
A. John Blake
The opinions expressed herein are the writer's alone, and do not reflect the opinions of The Fact of The Matter or anyone who contributed to The Fact of The Matter is not responsible for the accuracy of any of the information supplied by the writer.
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Westfield, a.k.a Clown Town
ReplyDeleteThis is what happens when 2 "Do Nothings" get promoted. Hope the insurance carrier finds the truth rather then what's less costly. Let it air out.
ReplyDeleteNicole Tango Stivale was hired by Westfield Police Chief Barney Tracy. Tracy also hired her family member John Tango and the son of Linden schools superintendent Joe Martino, Joe Martino Jr.
ReplyDeleteThe Tango's uncle/father worked for the Linden Board of Education. Barney Tracy was hired by the Linden Board of Education when he suddenly retired in 2006 amidst an impending investigation of his alleged inappropriate relationship with Detective Sandy Chambers and lawsuits stemming from his own corruption and alleged violations of employee rights.
Joe Martino Jr. would later resign in the wake of investigations into his conduct including alleged drug use. It should be noted that J. Martino Jr. was recommended for hire by Barney Tracy despite Martino Jr's criminal background check allegedly revealing credit card theft. Subsequently, a less intrusive background check, minus the alleged theft, was submitted with his employment application.
Nicole Tango Stivale spent the least amount of time in patrol of anyone promoted in recent memory. She was sheltered in the "Administrative Services Division" and promoted to the detective bureau at a time when more deserving officers were ignored.
Her rise to lieutenant via promotional exams is not surprising given the fact that study courses costing thousands of dollars practically give you the answers to the written test. One could surmise she bought her promotions. It's not surprising that her incompetence as a watch commander has reared its ugly head with departmental charges levied against her for that incompetence, which in turn caused her to file a lawsuit claiming discrimination. There's no discrimination.....she is the highest ranking female in the department and there has been no room for advancement since her promotion.
The Westfield town administration must stand by its police chief as it navigates the current civil lawsuit filed by Nicole Tango Stivale and Preston Freeman, a lawsuit that was filed after they were both charged with departmental violations for their handling of a subordinate.
There should be no negotiations in an attempt to bargain the departmental charges away in order to pave the way for these supervisors to retire, which is what they are seeking. Conduct the departmental hearings, have a verdict rendered, guilty or not guilty. Then serve the penalty or retire as they wish.
Westfield can't afford to allow officers to bargain charges away with a frivolous lawsuit. Didn't Westfield learn a lesson when it allowed perhaps the most corrupt police chief ever to wear the uniform, the opportunity to retire "in good standing" with the administration's blessings?
The rank and file are watching.
The municipal government has, on many occasions, expressed its support for groups that suffer bias based on misinformation. There are few groups who suffer more than the misinformation that surrounds police. Politicians are quick to decry examples of bad behavior, but cringe from the prospect of supporting those unjustly accused of impropriety.
ReplyDeleteThe Media reported the allegations of bias and bigotry but shied away from interviews of the accusers asking why they seem to have no basis for their complaints, why sections of the complaint are blatantly false, and why they left out so many necessary factors.
This lawsuit is a great opportunity for this Mayor and Council to refuse any settlement and to reject any suggestions, by anyone, that confidentiality be considered. Let this "minority" feel you supporting the truth. The Supreme Court of NJ opened the files on the director of police in Elizabeth saying it was as important to support the thousands of good cops. Let's make sure Westfield supports its good cops and gets rid of the disgruntled accusers.