Ex-Councilman: New Chief Should 'Bring Everybody Together'

A former councilman says he expects Monday's Borough Council meeting will be well attended by people interested in any word on who the acting police chief will be and what is happening with the department in light of Police Chief John Trevena's retirement in the days before public records showed the borough agreed to a $600,000 settlement for a retired patrolman's lawsuit against the borough and its former chief.

Former Councilman Sam Cerciello, who asked questions at Borough Council meetings in recent months about the status of the settlement and whether any disciplinary action would be taken against the chief in connection with the complaint, said in an interview last week whoever the new chief will be "should know how to bring everybody together."

Borough Council President Jeannie Tsukamoto said the police chief vacancy and its table of organization. Because the discussion likely would involve personnel, the talks probably would take place in executive session, and, if officials were ready to act on any measures, then votes would be held in public. The Mayor and Council meet in closed session at 6 p.m.—an hour earlier than normal—and the public portion of the meeting starts at 8 p.m.

Trevena announced his retirement Aug. 1, effective immediately. On Aug. 6, public records showed the retired patrolman, Anthony Kaspereen, received $600,000 to settle the lawsuit—$350,000 for injuries, $200,000 for Kaspereen's attorneys fees and $50,000 in lost wages.

Kaspereen that involved patroling the borough by foot in summer heat for nine hours at a time in 2010 and caused him to suffer dehydration and post-traumatic stress disorder. According to a transcript of a deposition given in the case, PBA President Anthony Maccario, a Madison police patrolman, said the chief's alleged orders for Kaspereen's assignment particularly that Kaspereen was not to respond to calls or receive assistance at a time when , which Maccario agreed with Kaspereen's attorney was dangerous.

The borough denied in court documents the assignment was given as punishment. Under the settlement agreement, there is no admission of wrongdoing or liability.

Cerciello was on the council when the alleged "punishment detail" at the center of the lawsuit was given and when the lawsuit later was filed. He said "this thing should have been stopped in 2010 when it started," wondering why the council's police liaison and borough administrators weren't able to prevent the situation from getting to the point it did.

"Why do things like this have to happen, all these lawyers got to make these big bucks?" he said.

Borough attorney Matthew Giacobbe has said administrators and elected officials are not allowed to interfere with the operations of the police department or the police chief because of concerns about politics being injected into law enforcement matters, and the Morris County Prosecutor's Office would be responsible for handling such matters.

Cerciello said that doesn't make sense to him and if that's the law "we got to change the laws."

Cerciello said he had just gotten on the council at the time the issue was coming up and, "We just kept everything quiet, and I have a problem with that."

He said the lawsuit cost the borough money. Officials have indicated Madison is responsible for paying about $70,000 total in deductibles for the settlement and its legal defense fees, while its legal insurance carrier covered the rest.

Cerciello said Madison has great police officers.

"Every town's got problems, but I don't worry about other towns. I worry about Madison," he said.