Council introduces police ordinances BY CHRIS GAETANO Staff Writer EDISON - Changes to the command structure of the Edison Police Department inched closer to a resolution during the Feb. 27 Township Council meeting. The council introduced, on a vote of 5-2, a pair of ordinances that would remove the durational requirements of police promotions and establish a civilian police director. The dissenting votes came from council President Robert Diehl and Councilwoman Antonia Ricigliano. "We need a budget," said Diehl, explaining his vote in support of introducing a budget amendment that night. "I don't believe we need an in-grade ordinance of a police director." The ordinances, if adopted, would present a drastic change to the structure of the police department. One ordinance would cause the department to be led by a civilian police director instead of a chief of police, a position that has remained vacant since former Police Chief George Mieczkowski retired in November 2007. Edison Mayor Jun Choi's nominee for the position of police director is Brian Collier, a federal Drug Enforcement Administration agent. If appointed, Collier would oversee policy within the force. The other ordinance would greatly reduce the in-grade durational requirements for police promotions.As of now, in order to be promoted to a certain rank, a certain number of years must be spent in the previous rank. Choi said that by removing this requirement, the most qualified officers would rise to their level of competence. This would allow Lt. Thomas Bryan, Choi's nominee for deputy chief, to be appointed to this position without having to be a captain for a certain number of years. Choi has said that the advantage of a police director over a police chief is that there would be greater accountability. Because there is no tenure for a police director and because he answers directly to the administration, there ismuchmore accountability for the director's performance, as opposed to a tenured chief who is much more difficult to remove if things turn sour. Opponents of the measure, including the local Policemen's Benevolent Association, have said that a chief's tenure is the No. 1 reason why it is preferable to a police director, and that a director would lack independence from the administration while a chief would be able to make decisions that are sound, regardless of whether or not they are politically unpalatable. During the Feb. 27 meeting, some Edison residents expressed hesitation over the police director position due to concerns that he would lack independence from the administration, and also the perception that Collier would be an outsider to the town. "He owes his position to the person who put him there, and that person is the mayor," said resident Mary Anne Hennessey. "He doesn't live here, he has never lived here, he doesn't know us." South Brunswick Police Department Chief Ray Hayducka, who came to Edison to speak on behalf of the Chiefs of PoliceAssociation, made a statement in support of a chief, as opposed to a director. "By far, there are far more benefits to having a police chief to a civilian police director," said Hayducka. He said that a chief can do things a director cannot, such as reading classified documents, assign specific personnel or duties, giving direct orders to individual police officers, reading police reports, and directing criminal investigations, because a director is not a police officer but a civilian. Hayducka also said that a police chief having tenure does not mean that there is no accountability. The government, he said, can always remove chiefs. "A police chief is tenured to prevent political interference. But this does not mean the police chief can never be removed. … The last officer you hired has no more tenure than a police chief," said Hayducka. He then added that even if there is a police director, a chief is a good idea anyway. Some residents spoke out in defense of a police director. Oliver Lee, a resident who agreed with the assessment that a director would increase accountability, said that a police director would make the department more sensitive to the community whereas a chief would be more loyal to his command staff. "I think having a police director is somewhat more accountable for the citizens of Edison," said Lee. There was also heated debate about the ordinance that would greatly reduce the durational requirements for police promotions. Opponents of the measure seized on commentsmade by Choi during a Jan. 22 council meeting in which he said he felt that the most competent officers in the department were not the top-level command staff but rather those at mid level. Deputy Chief Carmelo "Mel" Vaticano read a prepared statement that said he felt his own command staff was very qualified and capable, and thatmany of themhad advanced degrees from police institutes that only very few officers in the nation have. "I know it sounds like I am bragging about my command staff, but I will use the adage: 'It's not bragging, it's fact' … We do have qualified personnel in my command staff, and anyone who says otherwise is not being [honest]," said Vaticano. Lt. Bruce Polkowitz, meanwhile, excoriated not only the notion of removing the ingrade durational requirements, but also was critical of the mayor's choice of Bryan for deputy chief. Polkowitz said that both measures are simply there to serve the agenda of the mayor, who Polkowitz said was trying to control the police force. "Never, ever have I seen a more insulting and illegal proposal by a mayor," said Polkowitz. He defended the top command staff, repeating thatmany of themare graduates of top police institutions such as the FBIAcademy and that many of them hold advanced degrees. "Themayor would like us to believe that we are better served by having his personal choice of candidate for deputy chief … although he does not possess one single qualification as I just listed," said Polkowitz. "In addition, if themayor's candidate for deputy chief were to apply today to become a new Edison police officer, he would not have the minimum qualifications necessary as per our ordinance to become a new recruit," he added. Bryan was not amused by these comments. "It is disheartening to hear officers and some members of the public speak out against positive change. Change is scary; however, it is necessary in order tomove forward for the professionalism and accountability of the police department. I would hope and expect that the members of the council will make the appropriate decision regarding these ordinances with the best interests of the citizens of Edison and the police department in mind," said Bryan. The public hearing on both sets of ordinances before they are set to be adopted will be held on March 12.