Red Bank Police Chief Should Be Fired, Attorney General Report Says

RED BANK, NJ — Borough Police Chief Darren McConnell, already put on administrative leave by the borough, should be terminated from his position, according to the conclusion of a report from the state Attorney General.

In a complaint broadly about his mismanagement of the department, brought by Red Bank Local PBA #39, the state Office of Public Integrity and Accountability focused on two allegations in its investigation:

• McConnell "failed to conduct business according to the highest ethical standards of public service."
• McConnell "failed to report his supervisor/subordinate dating relationship with an officer" who ultimately became his wife.

The report said it "sustained" both complaints, saying his actions were "detrimental to the operations and morale of the Red Bank Police Department, while beneficial to himself and (redacted)." The report redacted certain names other than McConnell's.

Mayor Billy Portman said Friday that McConnell has not been terminated and the Borough Council Thursday agreed to hire a hearing officer for the matter.

"Chief McConnell is entitled to a hearing, and he will have one," Portman said.

Attorney General Matthew J. Platkin commented on the report Friday:

"Those in supervisory roles at law enforcement agencies in New Jersey are called upon to conduct themselves according to the highest ethical standards, and to abide by department policies that they enforce. It is critical that those leaders serve as positive role models for the officers under their command, exhibit fairness and a lack of favoritism in dealing with subordinates, and avoid misusing their influence to benefit themselves and those with whom they have personal connections," Platkin said in a statement.

"When undisclosed conflicts of interest lead to questionable personnel decisions, and when they hinder full and fair internal affairs investigations, it compromises the quality of policing as well as the safety and well-being of officers and the public. Supervisors who lack transparency and even-handedness, and who fail to recuse themselves in the face of clear conflicts of interest, damage the operations and morale of police agencies, and they will be held accountable," he said.

According to the report, the investigator stated: "During the course of this investigation, I have had the opportunity to speak with witnesses, review relevant associated reports, speak with involved parties, and interview Chief McConnell himself. Based on the totality of this inquiry, Chief McConnell’s behavior concerning his relationship with (redacted) was concluded to be unethical and in violation of . . . Borough policy provisions.

"The result of his actions has clearly been detrimental to the operations and morale of the Red Bank Police Department, while beneficial to himself and (redacted).

"Given the seriousness of the sustained charges, the Office of the Attorney General recommends that Chief McConnell be terminated and not continue in any capacity with the Borough after retirement, including Business Administrator," the report said in its conclusion.

Borough responds

McConnell had planned to retire from what has been a dual role - he was both Police Chief and Interim Business Administrator, until new Borough Manager James Gant was hired to begin the job in late December. McConnell's retirement was put on hold pending this investigation.

A spokesman for the Attorney General's office said yesterday that "Determinations regarding Mr. McConnell’s pension will be made by the Board of Trustees of the Police and Firemen’s Retirement System of New Jersey."

Earlier this month, McConnell was placed on administrative leave by Gant after this state review of his management of the department came to the borough.

But Gant was unable to comment at that time on the report itself. The report was released to Patch after an email request for an update. The review was dated Feb. 26, 2024.

Gant said earlier this month that "The Borough is handling a confidential personnel matter regarding the chief and has made the decision to place the chief on administrative leave."

Gant said Friday that "the Borough has relied upon the findings of the Attorney General’s office and took immediate action, placing Chief McConnell on leave. The Borough found the allegations and findings to be concerning, but respect the Chief’s right to due process."

Gant, as did the mayor, referred to the naming of the hearing officer for the matter and "will proceed through the process of a disciplinary hearing."

He noted that the borough was provided the report during the day of Feb. 28.

"Chief McConnell was subsequently placed on leave later that afternoon. I respect the process that is in motion to handle this matter. In the last two weeks I have met with Capt. (Michael) Frazee, the commanding officer of the Police Department and feel confident that his leadership is what is right for our officers and the community at this time," Gant said.

The state review began after last August in response to complaints by PBA Local 39 President Mike Zadlock. Zadlock read a statement to the Borough Council criticizing the chief for "favoritism, nepotism" and "selective enforcement."

Zadlock also raised personal issues about relationships with PBA "members' significant others," which prompted a rebuttal from the chief soon after to counter that characterization. No specific relationships were cited in the statement by the PBA.

Zadlock said there was an "unprecedented" vote of no confidence in McConnell taken on July 10, approved by a "vast majority" of membership.

McConnell responded to the comments by the PBA several months ago, stating, in part, "While I cannot and will not discuss any ongoing investigation or any personnel matters, this clearly has become more about personal issues than professional ones."

Findings cited in report

Here is an excerpt from the Attorney General's report, with redactions from the AG's office either cited or noted as "...":

Allegation 1:

Regarding the Red Bank Borough Employee Conflict of Interest Policy, "This investigation determined that Chief McConnell, as the Red Bank Police Department Chief of Police, violated this Borough policy in two distinct ways. Chief McConnell and (redacted), in their separate interviews, both described an intimate/personal relationship that began shortly after ... was hired in 2014. (Redacted) related that ... had a relationship with another member of the department, a patrolman, whom ... began dating in 2016.

"They 'married' in 2019 in a non- binding commitment ceremony in June of 2019 and ended their relationship of 2020. ... related in ... statement that during that time ... remained emotionally tied to Chief McConnell. Further, ... acknowledged the intensity of ... relationship with Chief McConnell continued during that time period with sexual encounters up to ... engagement and marriage to Chief McConnell earlier this year. (Redacted) related they did not keep their relationship a secret and the department members were aware. Chief McConnell, in his interview, recognized that by definition their relationship would have constituted a dating relationship for police applications.

"Clearly, he fell short of conducting business 'according to the highest ethical standards' by commencing an intimate relationship with a subordinate, a probationary officer, and by continuing to make decisions regarding her discipline and punishment throughout her career. By doing so, Chief McConnell used his position as the Chief of Police to influence Borough of Red Bank decisions which resulted in personal gain for a subordinate employee who by their own accounts was a significant other.

"Specifically, and most outwardly, he made decisions involving (redacted) internal affairs cases between 2014 and 2021, improperly dismissing some, and even reversing the finding of another of (redacted) internal affairs cases. In that matter, ... was determined to have violated the RBPD’s Time Off policy by the investigating officer, a department administrator. Chief McConnell received the sustained finding and recommendation for discipline on September 24, 2021. Four days later, he submitted his self disclosure of their personal relationship.

"On January 5, 2023, after a review by Monmouth County Prosecutor’s Office found no documentation of a disposition or discipline in the case file, the Chief advised MCPO that the subordinate's actions were 'unfounded' and therefore not subject to discipline. The investigating officer was never consulted or notified of this decision. During his interview for this investigation, Chief McConnell declared he was obligated to do something because he disagreed with the investigator’s findings.

"In two, more serious, internal affairs cases prior to 2021 in which (redacted) was the subject officer, Chief McConnell prevented ... from being disciplined based upon his own, incorrect, interpretation of the Attorney General’s Internal Affairs Policy and Procedures '45- day rule' (he claimed to believe that the final decision must be made within 45 days of receipt of the allegation). During his interview, Chief McConnell conceded that his interpretation of the rule did not benefit or affect the discipline for any other Red Bank officer besides (redacted). In another internal affairs case involving (redacted), Chief McConnell indicated that (redacted) was counselled for failing to appear in court as subpoenaed. When he was unable to provide any documentation of when ... was counselled or by whom, Chief McConnell described this as 'a failure in our system' and added in hindsight, 'it may not have been the best record keeping system.'

"In another serious matter involving an improper strip search, Chief McConnell decided that instead of a one-day suspension as recommended by the investigator, (redacted) would be sent for remedial training in 'search and seizures.'"

"Further inquiry revealed no such training took place until years later, and only after Monmouth County Prosecutor’s Office (MCPO) met with RBPD concerning the handling of (redacted) internal affairs matters, that ... attended a minimal 3-hour training coordinated by MCPO.

"During their review on December 22, 2022, MCPO found that in four of (redacted) internal affairs cases there was no documentation of disposition or discipline in the case files. On January 6, 2023, Chief McConnell replied via email to provide the missing information. However, Chief McConnell’s email was misleading and failed to provide details of ... case dispositions being changed or discipline being downgraded by him."

Allegation (2) Employee Dating Policy:

"In September of 2016, the Borough of Red Bank added the following Employee Dating Policy to their Employee Policies and Procedures Manual: 'The Borough of Red Bank recognizes the right of employees to engage in social relationships with each other, including relationships of a romantic or intimate nature. However, the municipality also recognizes that such relationships can be a problem in the workplace. They may result in favoritism, discrimination, unfair treatment, friction among coworkers, or the perception that they generate such problems.

"To try to achieve a balance between employee rights and workplace needs, the Borough of Red Bank has adopted the following policy on the subject of supervisor/subordinate dating. If such a relationship exists or develops, both parties involved shall report the fact to A) their immediate supervisor or B) human resources. For the purposes of this policy, a supervisor/subordinate status means a situation where one employee, irrespective of job title, makes or has the authority to make decisions or to take action concerning another employee's compensation, promotion, demotion, discipline, daily tasks, or any other terms, conditions or privileges of employment with the Borough.

"If the employees involved in the relationship are also in a supervisor/subordinate status, management may take any action which it deems appropriate, up to and including transferring one of the parties so that there is no longer a supervisor/subordinate relationship between them. In addition, management reserves the right to address any workplace issues that may result from that relationship in the manner it deems appropriate.

"Any employee who violates this policy will be subject to disciplinary action, up to and including discharge. The Borough regards a violation of this policy as particularly serious because such workplace relationships can cause favoritism, discrimination, unfair treatment for other interference with municipal operations. Nothing in this policy alters an employee's at will status.'"

After stating that policy, the AG report said: During their interviews, both Chief McConnell and (redacted) described an intimate/ dating relationship between them which began shortly after ... was hired in 2014. The relationship, including sexual encounters, continued periodically throughout (redacted) tenure at RBPD.

Chief McConnell stated he officially disclosed their relationship on September 28, 2021 when he electronically submitted a memorandum doing so to his own “Personnel File”. During his statement, Chief McConnell related he could not recall whether or not he notified anyone else at the Borough of his self-disclosure memorandum. There is no other independent evidence that he made anyone aware. Since the inception of this policy until his self-disclosure, Chief McConnell was in violation of the provisions of this policy. During that time, and even after he reported the relationship, Chief McConnell continued to use his position to influence the outcomes, and subsequent discipline, regarding (redacted) internal affairs matters.

Conclusions

"The Borough of Red Bank Police Department Policies and Procedures defines the “Chief of Police” as the employee who oversees the “entire operation of the police department” (RBPD Policies and Procedures “Duties and Responsibilities” Number A-2, Revised 3/16/2015). Further, the Borough of Red Bank’s Employee Policies and Procedures Manual states that 'The personnel policies and procedures of the Borough apply to all employees, volunteers, elected or appointed officials and independent contractors. (Borough of Red Bank Personnel Policies and Procedures Manual, November of 2018 Edition, General Personnel Policy, Page 1).'

"As such, Chief McConnell, was bound by his position, and employment status, to uphold the requirements of the Borough’s employee manual. A violation of the Employee Dating Policy is said to warrant “disciplinary action, up to and including discharge”. As a supervisor/ subordinate relationship, the violation is compounded."

The report continues: "The Conflict of Interest Policy states that 'Whenever an employee believes that such a conflict will, or may, occur, the employee should immediately disclose the potential conflict to his/her supervisor, the Business Administrator, or Borough Attorney.'

"During his interview, Chief McConnell related that due to his position as the acting Business Administrator he submitted his self-disclosure in September of 2021 to report of his relationship with (redacted) as an electronic memorandum to his own personnel file. When asked if he made anyone else at the Borough aware, he said he may have told the previous Mayor or Police Commissioner. However, he wasn’t able to confidently say that he made any notification to anyone else at all.

"Regardless, Chief McConnell failed to make any notification of the personal relationship with his subordinate until 2021 and he knowingly, and admittedly, made decisions which benefitted ... during their relationship. He continued to do so after his “self-disclosure.”