An investigation has been launched into possible double dipping by sheriff’s officers who are collecting pensions from previous law enforcement jobs, state pension and treasury officials say.

The probe by the state Treasury Department will determine if retired law enforcement officers are circumventing the state’s pension system by taking an inappropriate job title so they can continue to collect their pensions, said William Quinn, a spokesman for the state Treasury Department.

If it is determined that sheriff’s officers are not eligible to collect their pensions, they could wind up repaying the state hundreds of thousands of dollars, said John Sierchio, chairman of the state Police and Firemen’s Retirement System’s board of trustees.

"They are performing the duties of a job that should be in the pension system, while they’re also pulling a salary out of the pension system. It’s like a double whammy," Sierchio said.

Union and pension officials say three officers appear to be circumventing pension guidelines and will be part of the investigation: Essex County’s chief warrant officer, John Dough; Monmouth County’s former chief warrant officer, Michael Donovan; and Union County’s sheriff’s chief, Harold Gibson.

Spokespeople for all three counties said none of the men is contributing to a pension fund.

On Monday, Sierchio also called for the Attorney General's Office to launch a criminal investigation into all three men, a move that was unanimously approved by the police and fire pension board.

"I believe they are playing with titles and defrauding the taxpayers by saying they are doing one job and performing another," he said.

Sheriff officials say the three men have done nothing wrong. A spokesman for the Attorney General’s Office declined comment because they had not received the pension board’s complaint.

Dough, Donovan and Gibson declined to comment on the probe.

The issue surfaced in February after Anthony Weiners, president of the state Policemen’s Benevolent Association, wrote the state Division of Pensions and Benefits contending Donovan was working as a "chief warrant officer" while performing the duties of a "chief."

The difference between the titles is significant because an employee cannot collect a pension while working a job that would pay into the same fund. Chief warrant officers oversee the handling and serving of warrants and pay into the state Public Employees’ Retirement System. Sheriff’s chiefs oversee criminal investigations and the day-to-day operations of their departments and pay into the state’s Police and Firemen’s Retirement System.

Donovan, who retired from the Monmouth County Prosecutor's Office in 2005, was hired as a chief warrant officer in 2008 by then-Monmouth Sheriff Kim Guadagno, now the state's lieutenant governor. But documents obtained by The Star-Ledger — including a letter signed by Guadagno — name him as the "chief" and the "chief of the law enforcement division."

The sheriff’s website also describes Donovan as "chief of the law enforcement division," where a job description says he "is in charge of 115 sworn law enforcement personnel, 30 civilian employees" and oversees a budget of more than $11 million.

"Based on that job description, he should be in the police and fire retirement pension system," Sierchio said. "That is a covered title. That I am 100 percent positive of."

Donovan, who was promoted to undersheriff in February, was paid a $90,125 salary last year and collected $85,163 from the pension fund, state records show.

Undersheriff Cynthia Scott said there was no impropriety. She said "chief" is shorthand for "chief warrant officer." Scott also pointed to the state Department of Personnel’s website, which says chief warrant officers can act outside of their job descriptions and assist "the sheriff and undersheriffs in all department areas as assigned."

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But Sierchio said the chief warrant officer’s job description doesn’t allow someone to perpetually perform tasks that fall under a completely different job title. "When you’re assisting, that doesn’t mean you’re carrying those duties on forever," he said.

'NOTHING SELF-SERVING'

In Essex County, Dough faces a similar situation. The retired Newark police captain was hired as the chief warrant officer in 2001 and has been collecting a Police and Firemen’s Retirement System pension since August 2000. Last year, he took home a pension of $77,524, state Treasury records show.

Although Essex County Sheriff Armando Fontoura said Dough has always been the agency's "chief warrant officer," The Star-Ledger obtained three internal memos Dough issued from the "Office of the Chief" and a sheriff's office organizational table that lists Dough as "chief."

Fontoura said he has saved the county between "$4 and $5 million" by eliminating the chief position and giving Dough and previous chief warrant officers additional responsibilities.

"If I just had him do the warrants, what does he do the rest of the day? You do what I tell you to do in the best interest of the people of this county," he said. "If you’re gonna be here, you’re gonna work. There’s nothing self-serving here."

'BUREAUCRATIC ISSUE'

Gibson, a chief in the Union County Sheriff's Office, came under fire after The Star-Ledger found he collected a $71,242 pension last year while working as the agency's chief.

Gibson retired from the Essex County Prosecutor’s Office in 1997, according to Anthony Puglisi, a spokesman for Essex County, and has been collecting a police and firemen’s pension since then.

He became Union County’s public safety director in 1998 and held that position until 2008, when he became the sheriff’s chief at an annual salary of $122,996.

The director’s position falls under the state’s public system, meaning it was perfectly legal for Gibson to collect his pension until he accepted the chief’s position.

Union County officials defended Gibson’s situation, describing concerns about his pension as a "bureaucratic civil-service issue."

"Harold Gibson has had a long and distinguished career in county government, holding various positions — all in an administrative capacity," Union County spokesman Sebastian D’Elia said. "His current position is no different, with administrative responsibilities that do not fall under PFRS guidelines."

Sierchio said that’s not possible.

"‘Chief’ is a covered PFRS title," he said. "So he shouldn’t be working in an administrative capacity."

State Sen. Jennifer Beck (R-Monmouth), who earlier this year co-sponsored a bill that would prevent working public employees from simultaneously collecting pensions, said the situation in Essex, Union and Monmouth counties is indicative of a larger problem.

"There is an issue that is sort of eroding our pension system by allowing people to collect on their pensions so early in life," Beck said.