Court Dismisses Complaints Against Township Officials

It took Superior Court Judge Patricia Costello less than five minutes to rule that no criminal probable cause had been found against West Orange's business administrator and police chief.

Orange Mayor Eldridge Hawkins Jr. represented himself Thursday in New Jersey Superior Court in Newark. His roughly hour-and-a-half testimony accused Jack Sayers, the township's full-time business administrator, and James P. Abbott, the township's police chief, of misconduct and conspiracy. Hawkins also is a police officer with the township. He's currently on leave from the department.

"I give you an 'A' for passion, an 'A' for effort and I understand what you've gone through years ago, but your legal case needs help," said Costello to Hawkins during the ruling. "I don't find the misconduct in this entire scenario. ... It doesn't equate to a smoking gun."

Hawkins had filed court papers Dec. 23 that accused Sayers of committing a pattern of misconduct and conspiracy to commit official misconduct. Abbott was accused of two counts of official misconduct and one count of conspiracy to commit official misconduct, according to court papers.

Sayers and Abbott were represented by Frank Arleo, of West Orange, but referred comments to Steve Mannion, the township's civil attorney assigned to the case.

"I'm sure they're very, very happy," said Mannion. "I'm sure they're not happy to have been down here to deal with this a fourth time, but happy they've been vindicated again."

Normally, such matters are conducted in municipal court, but Thursday's hearing was held in superior court to avoid any appearance of a conflict, said Katherine Carter, spokeswoman for the Essex County Prosecutor's Office.

West Orange Mayor Robert Parisi said in a statement Thursday that Hawkins' claims were "unfounded."

"Judge Costello confirmed what we in the town have always known and what two separate judicial procedures have already determined," he said. "The charges brought by police officer Hawkins were completely unfounded and without merit and Judge Costello, in the strongest of terms, confirmed the most recent complaint was nothing more than an abuse of process. It's a shame that the township had to use its resources to defend these frivolous claims and officer Hawkins should apologize for the consternation to those falsely accused and to the taxpayers for wasting precious resources."

The allegations against the township officials stemmed from a civil suit that was brought against them by Hawkins three years ago. It was dismissed earlier this month.

Hawkins filed a lawsuit in 2007 in state superior court that claimed he scored higher on a civil service test than another officer in the West Orange Police Department. That other officer, however, was hired at a higher salary. As a result, Hawkins said he was passed over for a $5,000 salary increase.

"You win some, you lose some — that's what the judicial process is all about," said Hawkins. "There's no hard feelings on my part ... hopefully we will fare better in the proceedings tomorrow."

Mannion said the ruling is "strike four" for the case.

"This is strike four. In baseball, it's three strikes to be out," he said. "It was dismissed in federal court. It was dismissed in state court. The prosecutor's office denied it ... and now the judge today essentially said this is a civil service issue."

Hawkins, though, has made a motion to reinstate a 2008 civil case. That is being argued Friday morning in New Jersey Civil Court for possible reinstatement.

Mannion said that the township, in 2007, offered Hawkins $25,000 to settle. Hawkins, though, refused. Mannion said legal costs have now accumulated to roughly $100,000 in litigation. "We were willing to just settle it, even though we didn't do anything wrong," he said. "And now three courts have said you didn't do anything wrong."

Costello told Hawkins he could continue by presenting his evidence to the Essex County Prosecutor's Office. Hawkins would not comment on that move.

"From my perspective, I didn't get the appropriate salary that I should have," he said. "It's just a matter of getting our day in court and perhaps this wasn't the appropriate venue ... but perhaps the civil proceedings are."

Hawkins and the township, however, may square off again in court.

Mannion confirmed that a civil suit is pending against Hawkins that accuses him of taking outside employment while claiming to be disabled and of taking excessive sick days while working as a full-time police officer with the West Orange Police Department. Mannion said the lawsuit will be filed "within the next month" against Hawkins.

[Editor's note: Since publication, the civil court date set for Friday has changed. The new day is not yet known. This story first published Feb. 3 at 4 p.m.]