State: Suspended Millville cops to stay off job

MILLVILLE – Two Millville police officers the city is trying to fire for a broad spectrum of alleged misconduct say they should be put back on the beat to help fight rampant gun-related crime.

The state's Civil Service Commission, in a decision earlier this fall, wasn't swayed by the reasoning from veteran Officers Bruce Cornish and Felix Rivera.

Millville police have reported numerous incidents related to gunfire this year, frequently receiving calls about shots being heard but without resulting injuries. In some cases, vehicles and buildings have been hit. But at least five people have been wounded since September.

"The petitioners argue that, given the publicized shootings in Millville, public services are actually hurt by their suspension because it reduces personnel in the police department," the commissioner decision states.

The commission also rejected other arguments Cornish and Rivera made in an appeal in favor of at least temporary reinstatement until their disciplinary cases are resolved.

The commission noted allegations against the officers include incompetence, inefficiency or failure to perform duties, conduct unbecoming a public employee, neglect of duty, “other sufficient cause,” and violations of rules, regulations and orders including a duty to be truthful.

“The Commissioner finds that the petitioners' continued employment would negatively impact the order and effective direction of public services in light of the findings of the internal affairs investigation,” states the decision, signed by Chairman Robert Czech. “Clearly, the allegations against the petitioners, which involve serious neglect of their duty and dishonesty, cannot be casually regarded by the Commission. The Commission emphasizes that the petitioners are Police Officers, who must enforce and promote adherence to the law. A Police Officer is a special kind of public employee.”

Vineland attorney Michael L. Testa is representing the men, both of whom are suspended without pay and with intent to fire. Vineland attorney Stephen D. Barse is representing Millville.

Testa has declined to comment on the civil service ruling, noting that disciplinary cases continue against his clients.

Mayor Michael Santiago also declined to comment while the cases were active.

Cumberland County Prosecutor Jennifer Webb-McRae, whose office is monitoring Millville police conduct, also declined comment.

A spokesman for the state Office of Administrative Law said that neither Cornish nor Rivera had filed appeals of the commission decision.

Cornish and Rivera were removed from their duties effective June 18. The actions were in connection with alleged misbehavior over the period 2012 through 2013 while they were detectives in the Investigation Division.

The eight-page order offers additional detail on an alleged scandal within that division. City officials have cited personnel privacy rules in refusing to comment on the record about what allegedly happened. The no-comment approach extends to details on how many officers are suspended, reassigned, or not employed.

The first public information about alleged problems within the detective bureau came about thanks to a whistleblower lawsuit filed by Officer Jeremy Miller, then assigned to that bureau.

Miller filed a lawsuit in January 2014 in Cumberland County Superior Court, and in it he claimed besides personal harassment that other detectives were failing in their duties. After that lawsuit was filed and became public, the division went through a whole reassignment of personnel.

The lawsuit,in the pre-trial discovery stage until April 2016, does not name Cornish or Rivera as defendants.

According to the commission decision, that Cornish and Rivera “were each charged with mishandling more than 20 cases” and that superiors were not aware until “sometime in February 2014, at which time a lawsuit had been filed against the city” by another officer.

In his appeal to the Civil Service Commission, Rivera states he was assigned to patrol work when on May 13 of this year he was given only administrative duties such as dispatching and fingerprinting. On May 26, a sergeant with the internal affairs unit interviewed him about the handling of some specific case investigations.

In his appeal, Cornish states a sergeant emailed him on May 7 of this year to advise him there was an internal affairs complaint against him. Cornish describes the email as “extremely vague,” although the commission review qualifies that description.

The commission notes the email did tell Cornish there were allegations of a false report, incompetency, inefficiency or failure to perform duties, conduct unbecoming a public employee, neglect of duty, and violation of rules and regulations related to his duty and ethical standards.

Both officers made numerous other arguments for reinstatement.

Cornish and Rivera claim their due process rights were not protected because they did not have a formal hearing to learn details of the charges and to offer their versions of what happened. Such meetings are known as Loudermill hearings, named for a federal legal case.

The officers also argue their suspensions without pay cause “irreparable harm” to them and their families because of the loss of pay, and the ability to seek promotions. Rivera noted that his wife was expecting a baby in November 2015. Cornish noted he has five children, some needing insurance because they play sports.

The officers also argue that Millville residents suffer irreparable harm because of the shortage of police officers at a time when there are numerous shootings.

Individually, Rivera argued the city had hired a law firm to look into the detective division after Miller filed complaints with the city but before he filed a lawsuit, and that Rivera received a written reprimand in 2013 and additional training in 2015 based on what that law firm reported.

The commission decision, however, responds that the reprimand dealt only with Rivera playing video games at work.

The city responded that the officers were given meetings on June 19 with city Administrator Sue Robostello and a police captain at which they were briefed and had a chance to respond.

“According to the appointing authority, Rivera did respond by stating that he had ‘nothing to say that he thought would change’ the appointing authority’s mind and he would discuss the matter with his attorney,” the commission decisions states. “Cornish also responded by stating that he did what he was told to do by his supervisors. Additionally, he discussed and questioned the charges against him.”

The city also argued that the two officers had jeopardized services by improperly closing investigations and that, if proven, would negatively affect both the public view of police and police morale.

Millville also brought up an argument of interest to criminal defense attorneys and judges.

“Moreover, if the charges are sustained, the appointing authority contends that it will have to disclose to every criminal defendant in cases where the petitioners were involved that they were untruthful,” the decision states. “Thus, to minimize this effect and to prevent any ‘further contamination of cases, the appointing authority states that immediately suspended the petitioners.

That notification of defendant scenario did play out several years ago in a police discipline case from Vineland, resulting in more than 40 cases being dropped. However, the Vineland police case was different in that it dealt with the validity of affidavits for search warrants.

Joseph P. Smith; (856) 563-5252; jsmith@gannettnj.com