The city of Vineland and its police department are once again being sued by one of its officers — this time by a police captain who claims he was retaliated against for being a whistleblower.

Vineland Police Captain Adam Austino filed a lawsuit in federal court Monday, alleging his right to free speech and whistleblower protections were violated by Vineland Mayor Anthony Fanucci and members of the Vineland Police Department. The Vineland Daily Journal first reported the story.

Austino claims that the city and the department “have engaged in multiple corrupt actions, conspired with one another” and after he reported his findings to the Cumberland County Prosecutor’s Office and New Jersey Attorney General’s Office, he was retaliated against. He claims the terms and conditions of his employment were threatened, he was falsely accused of wrongdoing, and the department conducted “sham investigations meant to harass and humiliate Plaintiff and to trump up false and implausible evidence against" him, according to court documents.

Cumberland County Prosecutor Jennifer Webb-McRae and the Attorney General’s Office both declined to comment about the lawsuit when contacted by NJ Advance Media. Messages left with both the mayor and city solicitor were not returned.

PBA Local 266 President Craig Scarpa called Austino’s allegations fictional.

“It is nothing but a distortion of the truth paired with outright lies," Scarpa said. "Mr. Austino is simply upset that he was caught engaging in illegal and other unethical behavior. This lawsuit is simply a desperate attempt at self-preservation. I look forward to watching it come unraveled in the coming months.”

The lawsuit details several incidents in which Austino alleges to have uncovered, and claims he was retaliated against after bringing the investigations to superiors and other agencies.

According to the document, Austino said he conducted an investigation into the embezzlement of funds against PBA Local 266, the union that represents officers in the Vineland Police Department.

After he reported his findings to the Cumberland County Prosecutor’s Office, union president Steven Buglio and union treasurer William Newman were both arrested, according to the lawsuit. Buglio pleaded guilty to two charges, and Newman entered pre-trial intervention. Austino said the union’s vice president at the time, however, obstructed the investigation and proceeded to harass and ridicule him.

He also alleges he told city officials he had evidence that former police chief Timothy Codispoti had transferred police funds to separate bank accounts to use for “personal political activities” in 2015, but the prosecutor’s office declined to press charges. Austino claimed he had asked for whistleblower protection under for Conscientious Employee Protection Act (CEPA), but his request was denied. Austino alleged once Codispoti found out he made the allegations, Austino was demoted and placed in Internal Affairs. Codispoti could not be reached for comment.

Codispoti told NJ Advance Media the matter was investigated by the Prosecutor’s Office, reviewed by the city’s Director of Public Safety, and that both offices concurred there was no wrongdoing with the account.

Austino said he investigated the department’s street crimes unit for evidence tampering, falsifying racial profiling data and the misuse of city funds, and later recommend it be disbanded. He claims because of this investigation, the union falsely accused him of wiretapping its members, but he said he was eventually cleared by both the Prosecutor’s Office and the police department.

Austino’s lawsuit is not the only litigation the city is facing from an officer. In November 2019, another officer, Ron DeMarchi, filed a lawsuit claiming his civil rights were violated, that he worked in a hostile work environment, and was also discriminated against and faced retaliation after current police chief Rudy Beu allegedly told DeMarchi he would be promoted if allowed to sleep with DeMarchi’s wife and daughter.

Austino is seeking lost wages, benefits, damages, and being appointed as the deputy chief of the police department. NJ Advance Media reached out to his attorney, William J Fox, but Fox declined to comment on the lawsuit.

Chris Franklin can be reached at cfranklin@njadvancemedia.com. Follow him on Twitter @cfranklinnews or on Facebook. Have a tip? Tell us. nj.com/tips.

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