The NJ Transit Police Department's internal affairs unit is investigating police officers and supervisors who allegedly padded overtime with no-show court appearances and falsified police reports, NorthJersey.com has learned.
Patrolmen, sergeants and lieutenants from the Newark Penn division of the transit agency’s police department are being investigated over accusations that they falsified police reports by saying they were subpoenaed to go to court when they really weren’t and still collected overtime pay, or had court appearances but did not go and collected overtime pay, according to a source with knowledge of the investigation who works at NJ Transit’s Police Department.
The name of the source is being withheld because they were not authorized to speak to the media about the investigation.
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Jim Smith, an NJ Transit spokesman, declined to comment “due to the ongoing investigation.” The scope of the investigation, what prompted it and how many people were involved are not yet known.
Stuart Alterman, an attorney for the NJ Transit Policemen’s Benevolent Association, said, “I’m aware that there is a review of certain court time practices and that review is, I guess, it’s coming to an end shortly.”
He added: “I’m not sure exactly what the end result is going to be, but most certainly none of the officers have been involved in anything that would be intentional or dishonest or contrary to rules and regulations.”
Union representatives for the New Jersey Fraternal Order of Police, which represents sergeants and lieutenants, did not respond to an emailed request for comment.
The Office of the Attorney General would not confirm or deny the existence of a criminal investigation, said spokesman Dan Prochilo.
Change in policies amid review
The alleged scheme largely took place in 2021, during the COVID-19 pandemic, when some courts began scheduling appearances virtually, which the source said allowed things to get “manipulated and overlooked and people took advantage.”
In 2023, as the investigation was allegedly underway, NJ Transit Police Chief Christopher Trucillo signed multiple administrative orders to strengthen the agency’s policies regarding court appearances by officers, according to documents obtained by NorthJersey.com.
“During the pandemic some agencies changed the way they did business, including ours, to make sure our personnel stayed healthy and safe," said one administrative order issued Feb. 17, 2023.
"Therefore, effective immediately subpoenas received from any court will require, as it has in the past, the officer who receives the subpoena to respond to their district, handle their court responsibility either in person, or from the district via a department issued phone or desktop computer and the completion of all paperwork,” the order said.
The order noted that the officer needed to submit a copy of the subpoena, with approval from the commanding officer, a court appearance report and a flex court report. Another administrative order, issued Feb. 17, 2023, said officers must include a “supplemental narrative” in their court reports before they are submitted to supervisors.
“No court appearance is authorized without a subpoena from HQs, or the prior approval of your commanding officer,” the order said.
A March 6, 2023, administrative order said all virtual court appearances require officers to handle those responsibilities from a department-issued cellphone or computer and that they must upload a copy of the subpoena and court appearance time log, and must get approval of an on-duty supervisor before being dismissed.
Supervisors who approve virtual and in-person court appearances will enter the court hours on the time sheet reports, the administrative orders said.
Attorney general seeks more transparency in police discipline
New Jersey’s Attorney General's Office began publicly reporting on internal affairs investigations that result in major discipline in 2021 in order to increase transparency and accountability of state, county and municipal police forces.
The attorney general’s 2023 report , which was 375 pages, was published last week.
In that report, an officer from the Secaucus Police Department received a 22-day suspension for submitting an overtime slip that falsely represented the time he actually performed extra work to receive extra pay. In 2021, another Secaucus police officer received a 45-day suspension for the same thing.
Certain documents, including a summary and conclusions report, must be released upon request from a member of the public or press under certain conditions, such as when an officer faced discipline, including termination or reduction in rank, or was suspended more than five days.
A request for the internal affairs report was denied by NJ Transit’s Open Public Records Act department, saying the directive does not apply to investigations in progress.
This article originally appeared on NorthJersey.com: NJ Transit police investigated for allegedly padding overtime, falsifying reports
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