Borough Paid Police Captain $100K to Retire, Drop Claim

The borough paid police Capt. Joseph Cook $100,000 to retire quietly and withdraw a tort claim he filed against the town last year shortly after being administratively charged following an internal affairs investigation.

In retirement, Cook, whose last day was Feb. 28, will receive $76,320 in accrued vacation, admin and holiday time, $850 in uniform allowance and $100,000 as part of his settlement with the borough for a total payout of $177,170 in 2013, according to the terms of the settlement document.

From 2014 to 2019, he'll receive an additional $76,403 — $15,000 each year for the next five years and $1,403 in 2019 — as payout for his 1,877 unused sick hours.

Cook's lawyer, Patrick Toscano, said both he and his client were "exceedingly and entirely satisfied," by the terms of the settlement.

For his part, Cook needed only to retire by Feb. 28, 2013, withdraw his tort claim against the borough and agree not to file any future claims or charges against the town.

In return, the borough agreed to withdraw its disciplinary action against him, let him keep his accrued time and terminal leave, and pay him a $100,000 settlement -- a quarter of which went to his attorney.

Cook's tort claim, filed last August, alleged the borough caused him undue pain and suffering. In it, he claims the borough exerted constant pressure to make his professional life unbearable, "played" with the promotional list in order to force him to retire, defamed his personal and professional reputation in the workplace, and falsely accused him of shredding evidence and having a romantic relationship with a female co-worker, among more than a half-dozen other charges.

The borough later cleared Cook of any spoilation charges, but did ultimately mete out administrative discipline following its investigation. He was given the option of either accepting a demotion to Lieutenant or being suspended, according to his attorney.

Due to a confidentiality agreement entered into by all parties involved in the settlement, neither the borough nor Cook's attorney would comment on specific settlement terms.

Speaking broadly, however, borough manager Tom Metzler said council consults with multiple attorneys before entering into any settlement.

“The borough utilizes the services of our municipal attorney, our labor attorney and attorneys provided to us by our insurance carriers, and based on recommendations that are made to the mayor and council, they make decisions” he said.

Mayor John Cosgrove declined to discuss specifics but said residents should rest assured that most of Cook's payout did not come from borough coffers.

"I think the people of Fair Lawn would be happy to know that the majority of that money was paid for by our insurance company," he said, referring to the Bergen County Municipal Joint Insurance Fund

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