No Word on Settlement for Police Officer's Lawsuit

There was no update at the latest Borough Council meeting on the settlement of a lawsuit filed by a former police officer against the borough and police chief.

The lawsuit filed by retired Patrolman Anthony Kaspereen claims he was assigned to a "punishment detail" in 2010 by Police Chief John Trevena that involved patroling the borough on foot in summer heat with no assistance and caused him to suffer dehydration and post-traumatic stress disorder.

The Borough Council on May 14. At the June 11 meeting, borough attorney Matthew Giacobbe said the settlement was being finalized and there was no admission of wrongdoing on either side and no finding of punitive damages.

The borough, in response to a request Wednesday for the settlement agreement for Kaspereen v. Madison, said no records were found.

Messages left for borough attorneys, the borough administrator, and the plaintiff's attorney were not returned.

"When can we the people hear the outcome on the investigation of the police department regarding the controversy between the police chief and the one officer that resulted in a suit against the department?" Cerciello asked during Monday's meeting. "Was it resolved? If so, what's the exact cost to taxpayers?"

Giacobbe said they would not discuss employees and that the governing body is not authorized to get involved in any investigation.

"Because the employee or the employees involved were not Riced, we're not going to be discussing employees," Giacobbe said.

"When you were on the council, you know that what occurs in executive session and the employees' right to be Riced before they're discussed is sacrosanct, so we're not going to be disccussing any individual employee.

"As we said at the last meeting ... under the Chief of Police Powers Act, under Attorney Generals Office guidelines amended in May 2011—if there's any investigation of the chief of police it goes to the county prosecutor's office ... whatever they decide to do, that's their perogative.

"The governing body does not get involved in that. They cannot get involved in it, nor will they get involved in it. At this time we're not conducting an investigation. We're not authorized to conduct an investigation.

"And your question about expenditure of funds, there are no funds being expended regarding any type of investigation that my office or any other office that I'm aware of is conducting on behalf of the Borough of Madison regarding the police department."