Judge throws out disciplinary charges against Spotswood's police chief, acting captain

SPOTSWOOD - A Superior Court judge has dismissed the disciplinary charges filed by the borough against Police Chief Philip Corbisiero and acting Captain Nicholas Mayo, saying that the municipality did not comply with the state's Internal Affairs Policies and Procedures.

Middlesex County Superior Court Judge Christopher Rafano ruled on July 19 that the "appropriate authority" for issuing the disciplinary action should have been the county prosecutor's office or the state Attorney General.

"There are other issues before the County Prosecutor which would prevent the Borough from investigating or initiating disciplinary proceedings" against the two officers, Rafano wrote in his decision.

The prosecutor's pending investigation, the judge wrote, "would prevent the Borough from conducting its own parallel investigation."

Rafano also concluded that "in Spotswood the civilian business administrator (Brandon Umba) personally investigated the alleged misconduct of the (officers) instead of referring the complaint to the appropriate authority."

Spotswood had argued that Umba was the "appropriate authority" to supervise the police chief, but the judge wrote that when a complaint is initiated against a police chief or head of Internal Affairs, the matter must be referred to the county prosecutor or Attorney General under state guidelines that supersede local ordinances.

Gina Mendola Longarzo, attorney for Corbisiero, said "Mayor (Jackie Palmer) and (Umba) wasted a lot of taxpayer dollars on a personal vendetta and I am glad we had a knowledgeable judge who was not going to let them get away with ignoring the law and making up their own rules. "

"Palmer and Umba  basically threw a childish tantrum and fully deserved to be put in time out and taught a lesson here," Longarzo continued. "Judge Rafano saw through all the nonsense and ruled extremely fairly and wisely."

John Harrington, the attorney representing Spotswood in the case, said the borough does not comment on pending litigation.

Corbisiero and Mayo were both served with the notice of disciplinary action on March 25 and suspended with pay. The notice said both officers could face termination.

The suspensions were the latest development in the ongoing conflict between the mayor and some members of the police department, including the president of the local Policemen’s Benevolent Association (PBA), that has resulted in an onslaught of lawsuits.

The charges against the Corbisiero and Mayo allege a litany of infractions, from incompetence and insubordination to discrimination and sexual harassment.

More: Spotswood mayor suspends top cops; lawyer says it's 'an outrageous abuse of power'

In January, Corbisiero filed a $2.5 million tort claim against the borough, claiming he has been subjected to a hostile work environment, harassment, retaliation, age discrimination and defamation by Palmer, Umba and Assistant Business Administrator John Scrivanic, a retired Tinton Falls police chief.

Corbisiero alleges that he has been targeted for filing a lawsuit in 2020 with former Police Chief Michael Zarro alleging they were victims of age discrimination and whistleblowing retaliation against former Mayor Ed Seely and former Business Administrator Dawn McDonald. Zarro received an out-of-court settlement for $350,000 and Corbisiero received $120,000.

In 2020, Mayo, along with fellow officers John Fedak and Edward Schapley, sued the borough, Seeley and McDonald alleging civil rights violations, harassment and retaliation . That case is scheduled to go to trial on Oct. 15 in Middlesex County Superior Court.

In addition, four police officers – James Parsons, Daniel Hoover, Osman Dikiz and Dominik Skibniewski – have filed a lawsuit against the borough, police department, Corbisiero and PBA President Officer Richard Sasso, alleging that the chief and Sasso "target" any police officer "who is not part of the plot to oust the Mayor and Business Administrator."

In January, Sasso filed suit against Palmer and the borough, alleging the mayor "personally sought to stymie" his career.

Last year Brittany Johnson, the borough's first female police officer, filed suit against Palmer, Corbisiero, Sgt. Nelson Nichols, Dikiz and the borough, alleging she was the subject of discrimination, retaliation and harassment because of her gender . In January Johnson dropped Corbisiero from the suit which is still pending.

Email: mdeak@mycentraljersey.com

This article originally appeared on MyCentralJersey.com: Judge throws out disciplinary charges against Spotswood's police chief, acting captain