Deborah M. Marko | Vineland Daily Journal

VINELAND – In a lawsuit filed Monday, police Capt. Adam Austino claims speaking out about alleged corruption within the Police Department, its union, and the city resulted in repeated retaliation that included “sham investigations” and cost him a deputy chief promotion.

The suit, filed in federal court in Camden, names as defendants the City of Vineland, Mayor Anthony Fanucci, Policeman’s Benevolent Association Local 266, and Gregory Pacitto, who is listed as the current PBA vice president. Pacitto also was promoted to lieutenant on Monday.

Austino, a Voorhees resident, alleges the defendants “have engaged in multiple corrupt actions" and "conspired with one another” for several years. He also alleges he was subject to retaliation and ridicule after reporting his allegations to the Cumberland County Prosecutor’s Office and New Jersey Attorney General.

The suit claims the defendants violated the state's Conscientious Employment Protection Act and Austino’s First Amendment rights. The suit seeks damages for lost wages, benefits and mental distress; appointment to the deputy chief position, retroactive to Feb. 1, 2019; attorney’s fees; punitive damages; and any other relief the court considers fair and equitable.

When asked Monday about the suit, Fanucci said he does not comment on litigation.

Pacitto could not be reached Monday by phone.

The lawsuit states the “repeated harassment and ridicule” began in 2012 after Austino reported to the county Prosecutor’s Office that the PBA executive board was embezzling funds. That sparked a criminal prosecution that resulted in the arrest of union President Steven Buglio and Treasurer William Newman, according to the suit.

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The suit states Fanucci and Pacitto are “long-time friends and political operatives” and both were aware it was Austino who took the embezzlement allegation to the prosecutor’s office.

In 2015, Austino and other department members reported then-Chief Timothy Codispoti had misappropriated police funds for "personal political activities," the suit claims.

Codispoti could not be reached Monday evening.

The suit does not specify what those alleged activities were.

But after reporting the matter to city Business Administrator Robert Dickenson, Vineland Public Safety Director Edwin Alicea, and the prosecutor’s office, Austino noted there was no prosecution.

At that time, Austino requested protection under the state Conscientious Employee Protection Act, specifically citing potential retaliation from Codispoti, the suit states, adding he was not granted that whistleblower protection.

While a lieutenant assigned to Internal Affairs, Austino claims, he “uncovered egregious violations of the law” by the department’s Street Crimes Unit. That unit “repeatedly engaged in improper searches; tampered with evidence; tampered with informant payment records; falsified racial profiling data, misused city funds; and, filed false reports,” the suit alleges.

When Austino was promoted to captain by then-Mayor Ruben Bermudez in 2016, the suit states, he asked Codispoti to disband the unit, citing the alleged abuses and civil rights violations. The unit continued to operate, however.

By year’s end, Codispoti had retired. Under new Chief Rudy Beu, the Street Crimes Unit saw its manpower slashed before it was eventually disbanded.

But in retaliation, Austino claims, he was accused of misconduct as well as illegally wiretapping PBA members. He was exonerated, the suit states.

In 2017, Austino said, he completed an investigation regarding a body cavity search conducted by then-Lt. Pedro Casiano and Street Crimes Unit Officer Ryan Madden, who was then the PBA vice president. His investigation found Casiano and Madden had violated the attorney general’s guidelines, the suit states.

Austino alleges the city, PBA, Fanucci, and Pacitto “boldly intervened to lessen any real discipline that Chief Beu could mete out," and notes Pacitto and Casiano are "known to be close associates and/or friends," the suit states.

Austino claims that, as mayor, Fanucci repeatedly has created positions to allow Pacitto to advance in rank, starting with a sergeant slot in 2017 and a lieutenant promotion on Monday.

During Monday's ceremony, the mayor told The Daily Journal the additional lieutenant promotion was part of his long-term succession plan, which calls for new supervisors to work alongside their veteran colleagues to gain experience.

When Fanucci opened additional captain’s slot in 2017, Pacitto reportedly used his influence to have Casiano get the position. Casiano by then had served a suspension related to the body cavity search, the suit alleges.

After that promotion, Fanucci opened a new deputy chief slot.

At that time, the suit claims, Casiano did not meet the requirements for the job because he hadn't held the captain rank for at least a year as required. Fanucci held off on the promotion until Casiano was eligible, the state claims.

Austino, who was in the running for the post, claims he was passed over although an evaluation committee had recommended him. He claims that not getting the promotion cost him an additional $11,000 a year in salary, he said.

On multiple occasions between November 2018 and September 2019, Austino said he reported to county and state law enforcement officials that the City of Vineland “had engaged in insurance fraud with regard to fraudulent workers’ compensation claims and submitted fraudulent documents to the state health benefits program to obtain reduced health insurance premiums.”

The specifics of those allegations are not made clear in the suit.

In May 2019, the PBA filed a grievance claiming that Austino had changed the schedule of an officer who was on military leave. However, the suit states, Austino was away at FBI training in Virginia at the time of alleged incident.