By Steve Strunsky | NJ Advance Media for NJ.com

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Lieut. Sean O'Halloran of the Wall Township Police Department, Township Attorney Sean Kean, and Township Administrator Jeffrey Bertrand during a Township Committee meeting on Sept. 26. O'Halloran is not among members of the department identified by name in a discrimination suit filed by a former Indian-American officer. (Steve Strunsky | NJ Advance Media)

Wall Township officials expressed support for their embattled police department at a meeting Wednesday night, referring to a lawsuit by a former dispatcher who is facing criminal charges alleging that he improperly accessed online departmental records and stalked a female coworker.

But the township administrator also said he was disgusted by the racist and sexually explicit images revealed in the suit, and he said the township would stop at nothing to track down the people responsible for them.

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Former Wall Township Police Communications Supervisor Nicholas Curcio, outside the municipal building after a Township Committee meeting on Sept. 26, 2018. (Steve Strunsky | NJ Advance Media)

Accuser and accused

Former dispatcher Nicholas Curcio, whose criminal trial is scheduled to begin next month in Freehold, attended Wednesday night's meeting but he did not speak. He later denied the charges.

Apart from the Curcio lawsuit, a second discrimination suit is also pending against the police department, this one by a former Indian-American officer who claims he was forced out based on trumped up administrative charges after 13 otherwise exemplary years on the force. In that suit, former Officer Suresh Madhavan alleges that he was repeatedly passed over for a promotion in favor of less qualified candidates because of his race, and that he was intentionally humiliated by being made to do painting and other menial tasks around police headquarters, and required to ride with a second officer while on patrol.

The two suits, both filed in state Superior Court in Monmouth County, emerged just four months after Wall and its insurance company reached a $1.25 million settlement of discrimination suit filed against the township by Brandon Jacobs, a former tax clerk who said he was ridiculed about his Jewish faith. Citing the three suits, residents — who included a Democratic candidate for a seat on the Republican-controlled township committee — told officials they were fed up with the "toxic" atmosphere of racism in town and the waste of taxpayer money the suits were costing.

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A cartoon a former Wall Township Police dispatcher says was displayed in the department. (Lawsuit exhibit).

The township administrator, Jeffery Bertrand, told about two dozen residents at the meeting that he could not comment on the allegations of discrimination made by Curcio or Madhavan in their suits.

But Bertrand acknowledged that he had seen the racist and sexually explicit homophobic cartoons included as exhibits in Curcio's amended complaint after being supplied copies by NJ Advance Media the day before. NJ Advance Media only published some of the exhibits on NJ.com.

"While I cannot get into the merits of these two lawsuits you referenced, I can tell you one thing," Bertrand said, his voice rising. "The pictures that were displayed in the newspaper were absolutely disgusting and appalling, okay? I can also tell you another thing: I had never seen such pictures before; I didn't even know such pictures existed until the newspaper posted them. Thankfully, the newspapers, and one of them is here today, emailed me the case. Ok?"

"So, I will tell you that we will not stop until we find out who the author of those pictures were. I don't care if the person has been retired for 15 years. We will not stop until we have taken appropriate action against any person or persons, be it those pictures, comments about gay employees, or anything else that may have been taking place, even though it may have taken place at least 20 years ago. So, we are fully investigating. I have done nothing at work since yesterday, when I spoke to an individual from NJ.com, but work on this. We take it very seriously. I don't care where you live, as a human being, it's absolutely disgusting."

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(Facebook)

'Discrimination based on race, color and national origin'

The suit by Madhavan alleges that, after more than a decade of serving with distinction he was passed over for promotions, discriminated against and denied opportunities that were given to "his white/Caucasian, less senior and less qualified counterparts," the suit states.

Like Curcio's suit, Madhavan's also alleges that officers and supervisors routinely used the n-word. He claims that one of his superiors, no longer with the department, forced Madhavan to let him use his apartment for sexual liaisons in an extramarital affair.

Eventually, the suit charges, statements made by Madhavan to internal affairs officers in multiple interviews during an investigation of the cheating supervisor were manipulated to bring departmental charges against Madhavan resulting in his dismissal.

The suit said that Madhavan was for years the department's only minority officer, though he was later joined by an African American on the force. In Wall Township, 93.7 percent of its 26,162 people are white, according to the 2010 Census.

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Indictment says Curcio 'Did commit the crime of stalking'

Curcio, a former volunteer firefighter who began working for the township in 1994, alleges the harassment occurred prior to and up until his suspension without pay in late 2016.

It was after his suspension that the Monmouth County Prosecutor's office issued a seven-count indictment against Curcio, charging him with improperly accessing the township computer system to gain information about an unidentified female employee. The final count was a stalking charge involving that same employee.



A spokesman for the Monmouth County Prosecutor's office declined to elaborate on the indictment.

Speaking briefly after Wednesday's meeting, Curcio denied the charges, and said he had been directed by former Chief Robert Brice to access the files involved as part of an internal investigation, only to have his conduct turned against him and used in the misconduct charge. Brice, who retired from the Wall Police last year and now works as the borough administrator for Lavallette, denied the allegation. Curcio's criminal lawyer, Theodore Bertucio, said he looked forward to clearing his client when his trial begins in Freehold, now scheduled for Oct. 22.

"My client was the victim of systematic discrimination," Bertucio said. Referring to Brice, he added, "We have proof, documented proof, that he asked him to do an investigation."

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Wall resident Betsy Cross addressed the Township Committee during a meeting on Sept. 26. (Steve Strunsky | NJ Advance Media)

'It's getting very expensive'

Betsy Cross, a Wall resident who regularly attends Township Committee and local school board meetings, said during the public comments portion of the meeting that she had seen the published exhibits from the Curcio suit.

"I was sick to my stomach," Cross told committee members.

Referring to the $1.25 million settlement in the Jacobs case — the cost of which was split by the township and its insurer — plus the legal costs of the two pending suits, Cross said, "It's getting very expensive for Wall taxpayers."

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A photo with a mock caption referring to former Wall Township Police dispatcher Nicholas Curcio and another individual, which Curcio charges was posted at the police department. (Lawsuit exhibit)

Township Attorney Sean Kean said he would not address specifics of the lawsuits, but he nonetheless defended the case in the court of public opinion by questioning the credibility of the plaintiffs.

"I'm not going to get into the merits of the cases," Kean continued. "But I can tell you now, anybody can sue anybody, and that's the age that we're in. That's the reality of the situation. So I think all the members of the governing body are eager to win this litigation. And anybody can sue anybody."

Committeeman Carl Braun staunchly defended the police.

"Personally, I'd like to state that I am extremely proud of our police department," said Braun expressing frustration at his inability to address specifics of the pending litigation.

"We'll have plenty to say down the road," Braun added. "I almost would like to ask our attorney, what's the big deal if I say anything tonight? What are they going to do, sue us? And with that I'll keep my mouth shut."

Committeeman George Newbury also expressed his support for the police, and said he had been told the offending cartoons and posters dated back prior to 2005, which he said predated the tenure of any of the current committee members.

Mayor Timothy Farrell also expressed support for the department but said it was "absolutely" a concern that the suits were attracting unwanted attention to the township.

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Dave Fretz, a Democratic candidate for a Wall Township Committee seat in November, urged committee members to address what he called "toxic" levels of discrimination in the police department and municipal government. Republican Committeeman Dominick DiRocco, seated, a senior counsel to former Gov. Chris Christie, later told Fretz he couldn't be more wrong. (Steve Strunsky | NJ Advance Media)

A 'toxic' environment

Dave Fretz, a Democratic candidate for a Wall Township Committee seat in the Nov. 6 election, urged committee members to address what he called "toxic" levels of discrimination in the police department and municipal government.

"Not too long ago I stood before this committee, demanding answers regarding the Jacobs anti-Semitism settlement," Fretz read from a statement. "At that time I was criticized for my comments and assured that the egregious actions of the employees named in that settlement were isolated, not indicative of a larger systemic problem. That turned out not to be true."

"While I know that the vast majority of our police officers and township employees are excellent people, there is a toxic culture of hate and discrimination that has been allowed to fester here in Wall Township and it has to stop now," Fretz said.

Committeeman Dominick DiRocco later told Fretz that his description of the police department "couldn't be further from the truth."

"I've lived in town a long time, this is a town that embraces diversity," DiRocco said. "I see that day-in, day-out. I see it in the schools, I see it in the recreation programs, I see it in the sports programs."

"This is a great town, I love this town," he said.

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Steve Strunsky may be reached at sstrunsky@njadvancemedia.com. Follow him on Twitter @SteveStrunsky. Find NJ.com on Facebook