Judge Orders Former Hoboken Fire Chief Reinstated After 2 Years Of Paid Leave

HOBOKEN, NJ — In May 2021, the city of Hoboken removed Fire Chief Brian Crimmins from his role for reasons they didn't make public — but they paid his six-figure salary for more than two years while he remained on leave. READ MORE: Hoboken Fire Chief Placed On Leave; Officials Mum

Now, an administrative law judge has decided that he should get his role back, saying there wasn't enough evidence to back up the city's allegations against him.

The city has 60 days to figure out how much missing pay to award to Crimmins and how to reinstate him. Currently, Anton Peskens is serving as the chief, a city spokesperson said.

Appointed by Mayor Ravi Bhalla to the role of chief in 2018, Crimmins had served in the department since 2004. A post in December 2020 by the pandemic volunteer group FLAG Hoboken noted: "Don't let the blue eyes and the calm demeanor fool you, he is a VERY smart cookie. He graduated Magna Cum Laude from Boston College and has a masters from John Jay of Criminal Justice. He has also authored multiple articles in national publications on rescue, hazardous materials and building codes." Crimmins had served as a provisional fire chief for a year and scored highest on the civil service test for chief.

At the time of Crimmins' leave, sources suggested that internal battles and politics had resulted in the city's actions — actions that proved costly to the taxypayers.

May Be Discussed At Wednesday Council Meeting

New Jersey Office of Administrative Law Judge Susana Guerrero issued a decision in October addressing the city's allegations and calling for Crimmins to be reinstated, but it was still up to the Civil Service Commission to make a final ruling.

Last month, the Commission backed up Judge Guerrero's decision, voting for Crimmins to be reinstated.

The Hoboken City Council is scheduled to go into closed session at their meeting this Wednesday, starting at 6 p.m., to discuss legal matters. Sources have said that the closed session relates to Crimmins. The city must decide how to respond to the ruling, such as dealing with back pay.

On Tuesday, city spokesperson Marilyn Baer said, "The city does not comment on personnel matters. With that said, the city remains committed to providing a safe and healthy workplace for all employees."

The Allegations

The allegations from the city against Crimmins, detailed in the Administrative Law Judge's Oct. 3 ruling, included: That he made disparaging remarks about Office of Emergency Management Coordinator William Montanez, some in front of his partner, Fire Battalion Chief Audra Carter; that he issued an order "retaliating against certain battalion chiefs," and that he didn't complete certain important administrative tasks. The city charged that he didn't properly plan for a Black Lives Matter protest, a February 2021 snowstorm, and several aspects of the covid pandemic.

Officials also alleged that he issued an "ill-advised" order telling the OEM to direct communications through Crimmins rather than to other agencies. The judge's decision also noted that Crimmins refused an order from the city to have firefighters drive the free HOP shuttles during the pandemic. Crimmins argued that the firefighters did not have the proper licensing to do so.

Crimmins also clashed with Montanez over the fact that Crimmins wanted firefighters to be tested for covid every day early in the pandemic, since they were exposed to people with unspecified illnesses during the course of their work.

Around the time that the city made its charges, Fire Battalion Chief Mario Fini also filed a complaint saying that Crimmins continually harassed him, including asking him which of the firefighters were also working for Fini's private business. Fini claimed that Crimmins attemped to "sow division" among employees in the department.

'Evidence...Simply Falls Short'

Administrative Law Judge Guerrero found in October that there was not enough evidence for most of the claims, although she did agree that Crimmins should not have issued the order for all OEM communications to go through him.

"I also find that the evidence does not preponderate that Crimmins methodically established a pattern of hostility and animosity directed at the OEM Coordinator, as alleged," Guerrero said in issuing her ruling. "...While I find that Crimmins made comments that were critical of OEM and Montanez during a training, and in the presence of Carter, the criticisms were not personal but related to the job itself and OEM's operational performance."

She concluded, "Despite the City’s allegation that Crimmins was retaliatory and vindictive, that he made a 'litany' of false statements, that he attempted to sow division among staff, and that and that he created a work environment of deceit, hostility and retribution, I find that the city has failed to offer sufficient credible and competent evidence to substantiate these allegations. While the BCs [battalion chiefs] may be of the opinion that Crimmins was vindictive, that he tried to divide the Department and created a hostile work environment, the evidence presented by the city simply falls short of substantiating these allegations."

In 2023, a local church asked the city to reinstate Crimmins. He returned to work as a firefighter shortly afterward.

Crimmins' lawyer released a statement last month about the judge's decision, saying, "The city had previously made serious allegations against Chief Crimmins, which after a lengthy trial were determined to be unfounded. The Honorable Susana Guerrero ruled that the city of Hoboken’s allegations were not credible, unsupported by evidence, and contradictory to the evidence provided by Chief Crimmins."

Crimmins said in a statement, "Throughout my career, I have worked tirelessly to ensure the safety of our residents, to lead the HFD with integrity, and to serve with honor. I look forward to resuming my duties and continuing the essential work of protecting and serving this great city.”

Crimmins declined to make additional comment this week.

Watch The Meeting

To see the agenda for Wednesday's City Council meeting, click here.

Here is how to watch the meeting virtually. However, personnel matters are likely to be discussed in closed session.