Caldwell Borough Council Unanimously Approves a Police Director Over Multiple Objections

CALDWELL, NJ -- The Caldwell Borough Council unanimously approved on second reading an ordinance that now legislates that there be a civilian police director who will serve for at least two years and will lead the Caldwell Police Department (CPD) instead of a police chief, which has been the case since 1912.

The borough had contracted with The Ambrose Group, LLC (TAG) a consulting firm based in Cedar Grove, to review, assess and make recommendations for the department in 2023. The report is available on the borough’s website.

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However, a report, which will not be made available to the public according to borough counsel Craig Basson due to confidentiality issues, made the recommendation that the department would be better served with a civilian police director versus a police chief. Basson stated, “We cannot release that report at this time because it's exempt and there are large portions that are exempt concerning personnel records and for that point that report cannot be released.”

Mayor Garrett Jones asked that the public “know that we have acted in good faith.”  He continued that there was a history of “flawed management and historic lawsuits…and there was no succession until last year.” He said that he has asked Councilwoman Barbara Buechner to head a task force to give incentives for advancement that will provide professional development for all officers in the department.

The meeting had well over 75 officers in attendance from multiple agencies who deferred to their individual union leadership to speak on their behalf, all of whom would voice their objections to the creation of a civilian director. However, before public comment began, Buechner, the only council member to speak on point, announced that she would be supporting the ordinance because it was not a permanent but a temporary decision.

The first speaker to address the council was Michael Freeman, the executive vice-president of the New Jersey State Policemen’s Benevolent Association, a labor union that represents nearly 32,000 active law enforcement officers in every county in the state, including the officers of the Caldwell Police Department. Freeman objected to the passage of the ordinance on many grounds, including the fact that the ordinance was relying upon NJSA 40A:14-11 which was “stricken from the law years ago.”

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Addressing the restrictions of a civilian police director, Freeman noted the following:

“The law has established a list of restrictions placed on civilians, including:

• Refrain from directing investigation of criminal activity (unless specifically directed by county prosecutor)
• No access to criminal investigative reports
• No access to criminal history reports
• No access to Internal Affairs files absent a court order
• Cannot access confidential police reports or documents.
• Cannot access the police department's NCIC Terminal
• Cannot operate a vehicle equipped with a police radio.”

The State PBA had requested a copy of the TAG report recommending a police director as well as the invoices submitted by TAG but was denied due to “‘inter-agency’ or ‘intra-agency’ advisory, consultative, or deliberative material which is not a governmental record and therefore exempt from disclosure.” A complaint was filed with the Government Records Council “taking the position that The Ambrose Group is a vendor, not a government agency qualifying for exemption. Tax dollars are used to pay for vendors consultations, unlike consultations with the various government agencies that advise police department personnel and governing bodies.”

Freeman added, “It is interesting to note that the denial claimed that TAG did not bill Caldwell for the 2024 evaluation that directly contradicts the 2023 assessment. I can only speculate, but the Mayor and Council can confirm that the reason there was no charge for a report that must remain completely secret is because there is no actual report submitted by TAG, to substantiate the move that this governing body is contemplating.”

He continued, “In every case where a civilian police director has been hired to replace a Police Chief, the job has been handed to a crony of a politician. Whether that was done as a local government funded payoff for favors already granted, or in anticipation of influence that politician expects to receive. Public Safety should be the guiding principle that creates positions in a police department. The Ambrose Group told you how to do that, but today you are considering going in a completely different direction. This all needs to be explained to the people that you are putting at risk!”

John Russo, president of the New Jersey Chiefs of Police Association, referenced his experience as an officer and then Chief of the Rutherford Police Department. Calling a police director a “pointless position," he suggested that the governing body dedicate its resources to a police chief, adding that the NJCPA could assist with the transition to a new police chief. Commenting on his personal and professional experiences with departments that switched to a police director, he cautioned that there would be litigation, grievances and lawsuits, and “nothing will be accomplished.”

Looking to the November elections, Russo said, "Police directors should not be an issue for a local election and the costs associated with litigation regarding police directors…it’s not the goal of the union or the officers to create issues, it’s just the nature of the beast when you have a civilian police director, and it’s going to happen.  Please reconsider this tonight, it’s better for your department. Have confidence in and respect for your officers to promote within.”

Det. Dan Moran of the Fairfield Police Department and president of Local 81 stated that a “police director is a misguided approach that undermines the principles of effective and accountable policing.” He noted the potential for a disconnect between the leadership and the rank-and-file officers.

Moran stated that officers “on the ground need to trust and respect their leaders, mainly a chief. When leaders have not walked in their shoes or faced similar challenges, it can breed resentment and a lack of cohesion within the department….The appointment of a police director often comes with political motivations….Directors will not have the same accountability (as police chiefs). This lack of accountability can result in a lack of transparency and responsiveness to community concerns, further ending and eroding trust in law enforcement…

"Although the intent of a police director may be to bring a fresh perspective and administrative efficiency to law enforcement, the reality is that this approach often leads to a lack of operational understanding, a disconnect between leadership and officers, politicizing of policing and reduced accountability and blurred lines of oversight…”

Addressing the denial of the multiple OPRA requests submitted by the State PBA, Chiefs Association and Local 81, Moran said, "As we try to uncover what exactly happened here with the Ambrose Group through OPRA requests that are being denied…we know you spent thousands of dollars on this audit…the members who spoke before me and those who will speak after me, have decades of experience they’re willing to share this with you free of cost.”

Lee Sutherlin, the state delegate for PBA #183 the Essex County Sheriff’s Office, addressed Jones’ comment that the reason for the director was due to the “lack of viable candidates.” "I turn around, I see plenty of viable candidates," Sutherlin said. "Candidates that have risked their lives for this township time in and time out, and it continues to echo what I stated last month, this is sending the wrong message to your men and women who put that uniform on, get in these squad cars and speed to everyone’s houses in their time of need… The message that is continuing to be sent by hiring a police director is unacceptable.  You have viable candidates….you are so quick to jump to a police director….I think you need to reconsider this and speak to the men and women who protect you day in and day out.”

Kimiiko Woods, a member of the Essex County PBA Conference addressed the agency's concerns regarding the hiring of a police director. "This move will not be in the best interest of your community for several reasons.” She noted the additional level of bureaucracy within the department and reduced operational efficiency. Woods added that the financial implications of hiring a police director would divert funds from resources away from professional development, community policing initiatives and essential equipment upgrades.

Chief Anthony Manna of the Fairfield Police Department, president of the State Police Chiefs Association, confirmed he has to date sent two invitations to the governing body to speak with the association but has not received a response. He commented that it was a “rarity that the State PBA and the State Chiefs Association actually agree on the same issue…that’s how important this issue is. We hardly agree on union and management matters. What does that say to you if not everything?”

“It was my understanding that this was going to be an administration of transparency, yet you have commissioned at least three reports relating to the police department," Manna said. "One of which you have posted online and the other two you have refused to release to the public even though they were paid for using taxpayer money and of which you cited you are relying upon to make the decision tonight. My understanding is that there are now three government records complaints pending against the borough of Caldwell for this denial. How much will that cost the taxpayers?”  Looking to the November elections, Manna cautioned “elections have consequences and so do decisions.”

Pat Vaccaro, a labor relations consultant with the State PBA confirmed that there were 8,834 residents in the borough with approximately 6,400 registered voters.  The last election, 1,888 voters cast votes but Vaccaro stated: “I promise you more than 1,888 will be coming out to vote. I have 31,000 members behind me, and I promise you we will be out here every weekend doing lit drops, knocking on doors to make sure if you take out one of ours, on November 5 we will be taking out two of yours.”

Longtime resident Joanne Pollara asked why the OPRA requests were refused as they shed light on the process for the interviews and why the governing body was not being transparent with that information “even with names redacted.” Pollara added that a police director is not able to perform many of the duties that a chief of police can perform and “that worries me."

“As a taxpayer I don’t want to pay one more dime for that position, but I will pay many, many, many dollars for resources, education for mentorship, whatever it takes," Pollara said. "I think we have a fine police department, and we can all learn. As a former school principal, I was very involved with our police department in West Orange, and they were very instrumental in keeping us safe, well, and happy. The police and fire department worked together seamlessly to make sure our school was safe for faculty, students, and families.  A police director is just another political addition to bureaucracy. Please invest the money in our police department, and not add another layer that we don’t need. Give us what we do need.”

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