BLOOMFIELD, NJ — A June 21 trial jury in Newark Superior Court is scheduled for four active or retired Bloomfield Police Department officers who are suing the township for alleged discriminatory treatment because they were military reservists.
Michael McCracken, Hector Cartagena, Anthony Argento and Michael Frazzano have brought suit against Bloomfield and a host of former township employees, including former township administrators Ted Ehrenburg and Yoshi Manale, and former police chiefs Christopher Goul and James Behre.
The 24-page complaint alleges systematic abuse by the defendants. “It is no coincidence that in the three years defendant Christopher Goul was the chief of police, from January 2011 to December 2013, three police officers who were veterans and/or former or active members of the Armed Services, were terminated from employment,” the court document said.
Among the allegations, the document says the the Essex County Prosecutor’s Office was asked to investigate McCracken and Cartagena for a falsely alleged theft relating to their military time-off and Frazzano was investigated by the ECPO for a falsely alleged violation of the Open Public Meeting Act.
The upcoming trial stems from allegations made against McCracken and Cartagena in late 2013. Both officers were suspended as a result of an Internal Affairs investigation. They are being represented by Catherine Elston, of Wall Township.
In a December 2013 news conference covered by ABC-TV and attended by NJ Sen. Ron Rice, D-Essex, Elston had said the military time-off periods investigated by Internal Affairs were when McCracken and Cartagena were in transit to or from a military base. During one disputed period, she said Cartagena was receiving medical attention in a military hospital.
McCracken was charged with using 16 days not allowed and Cartagena, with 29 days. During military service, an officer received a salary from the township to make up the difference between military and municipal paychecks.
The allegations in the court document against the defendants include the misrepresentation of facts and conducting “sham” investigations to discredit McCracken and Cartagena. Other allegations include an attempt by the BPD to terminate McCracken’s family’s health coverage while he was deployed overseas and Behre’s publicly stating that an Internal Affairs investigation of McCracken and Cartagena was fair and had revealed illegal activity on the part of McCracken and Cartagena. The court document said this was “a statement Behre knew to be false, causing damage to McCracken’s and Cartagena’s professional and personal reputations and further alienating them from their co-workers.”
The allegations of mistreatment are numerous and include a defendant’s misrepresenting to Argento the facts of an Internal Affairs investigation which had been initiated by a complaint filed by Argento.
There are three counts against the township and its co-defendants.
McCracken, Cartagena, Argento and Frazzano had to work in a hostile work environment.
They were treated disparagingly.
Retaliation occurred when they complained.
The lawsuit asks compensation for punitive damages, emotional distress, compensatory damages for loss of enjoyment of life, exacerbation of physical injuries, attorney fees, and whatever damages the court deems just and fair.
In addition to Elston, McCracken, Cartagena, Argento and Frazzano are being represented by Kevin Barber, of Morristown. They were unavailable for comment. An email to Township Attorney Michael Parlavecchio was not answered in time for this story.
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