Arbitrator sides with Dover police chief over confrontation with councilman

An independent arbitratorhas ruled in favor of Dover Police Chief Jonathan Delaney , who filed a grievance against town officials after he was reprimanded him for speaking out at a February council meeting.

"The content of the chief’s comments to the town council were not inappropriate or unprofessional and did not put the town or its police department in disrepute," attorney Brian Kronick wrote in his 21-page report, which contains sworn testimony from Delaney and former town administrator BettyLou DeCroce.

Kronick directed the letter of reprimand be removed from Delaney's personnel file.

The report, released last week, detailed the dramatic proceedings during the Feb. 13 town council meetin g, where Delaney confronted Mayor James Dodd and Councilman Sergio Rodriguez after Rodriguez made critical comments about the police department.

Rodriguez's comments came a week after Dover police charged him with simple assault following a confrontation with three homeless men in town. Rodriguez, who said the men were drinking in public, captured the incident on a video which he posted on Instagram.

What set off Dover police chief

Days later, Rodriguez, addressing Chief Delaney at the meeting, said, "I want the people around this town to respect our police. I don't want them saying 'Hey, Dover, we can do whatever we want there.' Because let's face it, that's what's being said. And I don't like it."

Rodriguez paused as Delaney rose in the audience. The chief approached the podium and stated loudly, "We have some of the hardest-working officers in the state of New Jersey, if not the nation. They have families, too."

That response prompted an immediate warning from Dodd and later earned Delaney a written reprimand from DeCroce . In testimony cited by the arbitrator, DeCroce said she acted at Dodd's behest.

The former administrator has also clashed with the mayor. Dodd fired DeCroce in April, blaming her as well as his predecessor, former mayor Carolyn Blackman, for the town's current fiscal woes. DeCroce in June filed a $15 million suit against the town for what she called"retaliatory and defamatory statements" by Dodd and others.

Dispute 'should have been handled informally'

In his ruling, Kronick wrote DeCroce testified that the written reprimand was not her idea. "The mayor wanted the chief to serve an administrative leave and the written reprimand was prepared by Dover’s labor counsel."

DeCroce and Delaney, Kronick added, both testified that they believed "the matter should have been handled informally with a discussion between the administrator and the chief. Such an approach is in accordance with the police department rules and regulations."

"I agree with the approach DeCroce initially contemplated, and the chief suggested in his grievance, that being an oral conversation regarding town council meeting decorum" would have been sufficient.

Mayor Dodd blamed DeCroce

Responding to the arbitration decision on Tuesday, Dodd again pointed the finger at DeCroce , a former state assemblywoman who was hired by his predecessor.

"The arbitrator’s ruling was based on testimony from the town’s former administrator, who is an aggrieved former employee with her own axe to grind against the town," Dodd told the Daily Record. "Ms. DeCroce issued the written reprimand against Chief Delaney and then failed to defend it in arbitration. As a public official she was responsible for the actions she took against the chief and the arbitration award should be viewed in that context."

DeCroce declined to comment Tuesday on the advice of her attorney.

Delaney was away on training at the FBI National Academy and unavailable for comment.

Rodriguez, meanwhile, continues to defend himself against the assault charges. His case was moved to Kinnelon Municipal Court before being moved to Lincoln Park in June. If convicted, Rodriguez faces penalties of up to six months in jail and fines of up to $1,000.

William Westhoven is a local reporter for DailyRecord.com. For unlimited access to the most important news from your local community, please subscribe or activate your digital account today .

Email: wwesthoven@ dailyrecord.com Twitter/X: @wwesthoven

This article originally appeared on Morristown Daily Record: Arbitrator sides with Dover police chief over confrontation with councilman