Hackensack to make $105K in retirement payouts to cop who harassed fellow police officers

HACKENSACK — A retired cop, who in 2013 pleaded guilty to making as many as 20 harassing phone calls to cover up a beating by a fellow police officer, is now set to receive a six-figure retirement payout from the city.

Alberto Gutierrez, 63, retired on Feb. 1 and is entitled to receive $105,416 for unused sick and vacation days. Gutierrez retired with a final salary of $141,806, James Mangin, the city's chief financial officer, confirmed.

Last month, the City Council approved $39,012 in payouts for Gutierrez. But an "error in the number of days" was discovered, according to the council resolution that would authorize the payment. Correcting that error ballooned Gutierrez's payout by more than $60,000.

"They're supposed to give me money that they owe me," Gutierrez said. "When I started running my mouth, they found a discrepancy. A so-called computer error."

Maywood: Police chief plans to retire in September, could receive $110,000 in payouts

Payouts: North Jersey owes $273 million in retirement liabilities

Hackensack: Council aims to prevent prostitution with new massage parlor rules

The error was merely a typo, Mangin said, after he received documents from the police department listing Gutierrez's accrued time as 20.5 days instead of 202.5. After the correction, Gutierrez's days were then prorated, leaving him with 188 days, Mangin said. According to the police union's contract, Gutierrez was entitled to 75 percent of his unused days, leaving him with a total of 141 unused sick days.

"They left a number out," Mangin said. Calls to City Manager Ted Ehrenburg, who authorizes retirement payouts, were not immediately returned.

Gutierrez is also entitled to 49.25 vacation days and 112.25 hours of compensatory time, Mangin said.

But Gutierrez, who retired as a patrol officer, said the error and his retirement are about much more than a simple typo. Gutierrez has a contentious history with the city, one that culminated in a reassignment that demoted him from a detective in the narcotics unit to a patrol officer and started with his disorderly persons offense.

Gutierrez's charge stemmed from a 2011 brawl at a Houlihan's restaurant in Paramus. At the time, former Officer Richard Sellitto called 911 and reported that he and his sister were the victims of an unprovoked assault at the restaurant.

Based on mistaken information, several Hackensack police officers, including Gutierrez and former Officer Anthony Ferraioli, visited Andrew Milberg, after he was misidentified as a suspect. During this visit, Ferraioli allegedly struck Milberg twice in the head, rupturing his eardrum.

In 2013, Gutierrez pleaded guilty to harassment and admitted to making 15 to 20 harassing phone calls, many of them to police officers. In exchange, he was allowed to keep his job. Ferraioli resigned after pleading guilty to aggravated assault of Milberg. Sellitto also resigned, after pleading guilty to providing false information to help Ferraioli.

While Gutierrez admits he made those calls, he claims they were to clarify witnesses' stories and that he never witnessed Ferraioli assault anybody.

"I was there, and somebody was making allegations that I observed an assault," Gutierrez said. "I got pissed off and I started questioning the guys that were making allegations that I observed something that I did not observe."

Since then, the city administration has sought to clean house, Gutierrez said. In May, coinciding with the suspension of seven Hackensack narcotics officers, Gutierrez was temporarily reassigned to the patrol division, he said.

Gutierrez said he was told he was reassigned to "maintain the integrity" of the Police Department. Gutierrez is the father of Mark Gutierrez, one of the five Hackensack officers who were fired last month.

In order to avoid retaliation, Gutierrez decided to retire, claiming that he might have otherwise waited until he was 65, the mandatory retirement age.

"I know they wanted me out," Gutierrez said. "Sooner or later, they're very good at coming up with trumped-up charges. Bogus charges."

Email: torrejon@northjersey.com