Former Asbury Park police chief seeks $1M, claims bias against white cops

ASBURY PARK - The former head of the police department claims he was not promoted to full chief because he is white, a new lawsuit against the municipality claims.

Former acting Asbury Park Police Chief Anthony Salerno Jr. is suing the city, claiming that top officials kept him from attaining the rank of chief and that the city didn't want to promote white officers to top leadership positions.

Although he was the top officer in the department, Salerno retired at the rank of deputy chief this past spring.

The suit from Salerno comes a little over a month after another suit was filed by an African American who wanted the top police job, now-Sgt. Marshawn Love. Love's suit, however, offers a different narrative and claims that the city police department refuses to advance black officers. Love was demoted two ranks last year following a disciplinary hearing pushed by Salerno. Love is appealing the decision. The details of Love's lawsuit are outlined in a video above.

Salerno's lawsuit, in contrast, says the city follows "a policy and practice of reverse discrimination." Salerno is also suing saying that his civil rights were violated.

Salerno is seeking $1 million in damages in a notice of claim sent to the city by his attorney on Feb. 14. Scroll to the bottom of this story to see a copy of the lawsuit.

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The lawsuit was filed Aug. 30 in Monmouth County Superior Court. It claims Mayor John Moor along with council members Jesse Kendle and Yvonne Clayton, all named as defendants, "intentionally interfered with the hiring and promotional process" in order to "satisfy their agenda of promoting more officers of color" in the police department.

Moor is white. Kendle and Clayton are African American.

The suit claims the city refused to promote officers recommended by Salerno and City Manager Michael Capabianco because "the city would have to promote white officers to the rank of chief of police, deputy chief, captain, lieutenant and sergeant given the racial composition of the current promotional lists."

Capabianco is also listed as a defendant in the lawsuit, along with the City Council of Asbury Park.

Moor and Kendle declined to comment about the suit Wednesday night. City Attorney Frederick Raffetto also declined to comment, saying it was city policy not to speak about pending litigation.

"The complaint speaks for itself," Salerno's attorney, Charles Uliano, of West Long Branch, said when asked for comment.

Salerno is seeking compensatory and punitive damages for discrimination, including emotional anguish, humiliation, anxiety and distress.

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Salerno started working in the department in 1988 and was promoted to deputy chief in May 2014.

In September of that year, upon Chief Mark Kinmon's retirement, Salerno was designated as the acting chief of police. Salerno says he asked for a collective bargaining agreement, which would likely have resulted in a higher salary, after the promotion to deputy chief, but Moor refused.

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Asbury Park receives financial assistance from the state through the Special Municipal Aid Act. The suit says a memorandum of understanding with the state precludes the city "from assigning any person in an 'acting capacity.'"

The suit alleges that when Moor was told having an acting chief of police violated the agreement, he responded: "Let him sue, who cares, if he wins, we'll promote him." The suit does not specify whom Moor was speaking to.

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Salerno's annual pay when he retired was $136,520 according to Mary Kay Callahan, the city's payroll manager. His maximum pension could be $89,000 per year, according to the state pension calculator.

It is unclear how much his salary would have increased if Salerno became a full chief. State law required Salerno, 64, to retire by this December when he turns 65. He received a $127,000 buyback of his unused leave time when he retired.

Salerno has been involved in controversy before.

In 2006, former Asbury Park police officer Jessenia Davila-Vick filed suit against Salerno for alleged sexual harassment and creating a hostile work environment during his time as a police captain.

The complaint was settled in 2011 and Salerno was told to have no further contact with Davila-Vick.

Three years later, she reported more harassment by Salerno — bringing the matter to the attention of Love, her direct supervisor, according to Love's lawsuit. Love, in turn, reported it to then-Chief Kinmon.

In August, former officer Davila-Vick was indicted on one count of possession of a controlled substance. She is no longer employed by the Asbury Park Police Department.

Salerno also drew scrutiny after a Press investigation found he used his city-issued vehicle on a personal trip to Florida. The chief was told by the city not to use the vehicle for personal use again.

Shortly after Salerno's departure Capt. David Kelso was promoted to deputy chief. He now leads the department.

No hearing date has been set for the lawsuit

Austin Bogues 732-643-4009; abogues@gannettnj.com