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Police ordinances pass in Edison Twp.
In 4-3 vote, town to have director, deputy chief command structure
BY CHRIS GAETANO Staff Writer
Apair of controversial ordinances that would restructure the leadership of the Edison Police Department (EPD) was narrowly passed during the March 12 Township Council meeting after a marathon debate over the matter before a standingroom only crowd.
Both ordinances passed with a 4-3 vote, with council members Robert Diehl, Anthony Massarro and Antonia Ricigliano voting against them and council members Melissa Perilstein, Wayne Mascola, Dr. Sudhanshu Prasad and Ann-Marie Griffin Ussak voting for them.
The one ordinance drastically reduces the time requirements needed to advance in rank from lieutenant to captain, chief or deputy chief. Under the old format, officers needed to spend at least three years in the previous rank before moving on to the next. Under the new structure, the three required years have been reduced to one. Its passage allows Lt. Thomas Bryan, currently the head of internal affairs in the department, to assume the role of deputy chief, alongside Carmelo "Mel" Vaticano, who shares this rank.
The other ordinance creates the civilian position of police director and places that position at the head of the force. The director will be in charge of the department, overseeing administrative affairs and setting police policy, which will be executed by the deputy chief. Its passage allows Brian Collier, a Drug Enforcement Administration agent, to become the township's first police director since the early '90s, the last time Edison had such a position. They will be able to start their new positions at the beginning of April.
The two changes came in the wake of the retirement of the previous chief of police, George Mieczkowski, in November. During a press conference held early in January, Edison Mayor Jun Choi announced that he was not going to fill the police chief position and would instead propose the use of a police director.
Almost as soon as it was announced, it became a contentious issue, with vocal opposition from the state and local police unions as well several township politicians and most town meeting regulars. Choi, during the March 12 meeting, said the support came from the "many silent voices" in the township, on whose behalf he spoke in support of the measure.
The nature of the debate
The argument over the restructuring of the police command spanned many different areas, all of which came to a head during the March 12 meeting.
On one level, the arguments over the police director and reduction of the ingrade requirements were philosophical in nature, largely centered on what value an outside perspective can or cannot bring to the department. On this level, opponents of the position said that a police director was just one more layer of bureaucracy in the department, adding that a director, as a civilian, is unable to do actual police work or view confidential police documents. Without these abilities in place to give the director context for his or her decisions, their ability to actually provide leadership for the officers in the department will be severely limited; he will not be viewed as one of them.
Supporters, meanwhile, argued that a director would provide more accountability for the department, because the director is not already a part of what was described as an entrenched police structure resistant to change. Meanwhile, the director position in and of itself is more accountable, it was argued, because it is nontenured and thus has more pressure to perform well, as opposed to a chief who is very difficult to remove. Simmering below this discussion, however, was the political undercurrent of a power struggle between the police department and the Choi administration. On this level, the conflict was mostly about control.
Opponents of the police director position accused the mayor of creating the position to exert control over the department, and took exception to the idea that the director would be more accountable. They pointed out that the director serves at the pleasure of the mayor, which creates a strong disincentive to do things that are necessary but politically undesirable.
"In this new position, to politically appoint a person of [Choi's] choosing is a misuse of tax dollars. … A police director solely creates a disposable middleman [for the mayor to interfere with]," said Mike Schwarz, president of the Edison Policemen's Benevolent Association.
Supporters, the mayor in particular, had said that the department has been mired in politicization and patronage in the past and that new blood, not connected to the current police structure, is needed to bring professionalism to the police.
"Let's face the facts. For years there has been much political influence in the police department," said Mascola.
The argument's political underpinnings became much more apparent during the argument over the reduction of the ingrade requirements for police promotions. In the past, the mayor had explicitly said that he felt the most competent officers to run the police department were located not in the top command but in the mid rank, with Bryan, his choice for deputy chief, being an example. He argued that the most competent officers should be able to rise to their level of skill within the department, regardless of seniority.
"I believe the best way to [provide for public safety] is to promote the most qualified person," said Choi.
Opponents, however, said that such a move was insulting to officers who had been slowly working their way through the ranks over many years, and they felt that the measure was going to be used as a way to promote political loyalists into the police command.
"You can't go from a teacher to a superintendent in a year. It doesn't work. You can't go from a medical intern to a doctor in a year. It doesn't work. This won't work. This is political pandering," said Robert Karabinchak, a former Edison councilman.
Diehl, the council president, said his reasoning for thinking that the ordinances were of a political rather than a pragmatic nature was that the measure that would create the police director position was bundled with the in-grade requirement reforms. Diehl reasoned that it should be the police director rather than the mayor who should determine whether there really needs to be changes in the promotions system.
"The evidence of whether this is political or not is right here in front of me on paper, and it's ordinance 1606 [the ingrade reform ordinance]. If it wasn't political, 1606 wouldn't be here at all," said Diehl. "I think it sets a poor precedent. I don't think we need … to meddle or interfere with the police department."
Choi has frequently stated that the proposed reforms were intended to remove politics from the EPD, not add to them, saying that the department is highly politicized already.
"There has been layer upon layer upon layer of politics in the Edison police. … If we were candid, you would know there are issues in the police department we need to work on," Choi said to Diehl. He said he needed a new leadership team, that one police director can't single-handedly turn the department around, which explained why the promotion reforms, as well as the promotions of Lts. Mark Anderko and Patrick Kelly to captain were needed.
Diehl, though, said the fact that the mayor himself made these promotions showed that he was being disingenuous when he said he wanted to remove politics from the department, and Diehl asserted that they are political appointments.
Choi, in response, said the appointments were necessary to enact the reforms.
"We're speaking the same language, it's just a matter of timing," said Choi.
"You're telling me it's not political, but it's your command staff," said Diehl.
A contentious meeting
The meeting where the votes took place was full of speeches, applause and heckling from the audience, which filled not only all the seats in the council chambers but spilled out into the lobby.Many of those attending were members and friends of the EPD,many of whomtook time to speak out against the ordinances.At one point, a long line of police officers approached the dais, one after another after another, to say their name, rank, how long they have been with the EPD, and that they oppose both ordinances.
Many who spoke against the ordinances brought up concerns that the measures would increase the politicization within the department.
Several other criticisms were brought up. Resident Joe Petrucelli said the ordinances could open up the township to litigation, especially if it's perceived that promotions were politicallymotivated. Ray Kopperwhats, a former councilman and current Board of Educationmember, said it would make it difficult to get cooperation fromthe rank and file.Manymore cited the vast number of people protesting themeasures as proof that the will of the people does nor favor the changes.
At one point,Mascola was questioned as to whether he hadmet with the police command staff to discuss the issue. He said that yes, he had.
However, Schwarz said he did not recall such a meeting haven taken place and askedMascola what hemeans by command staff.Mascola replied that hemet with two captains, a "couple of lieutenants" and several others he could not recall.When asked to name them, he declined.
At one point, Choi said he was trying to fulfill the recommendations of a review of the police department conducted by the state Department of Community Affairs, which included things such as civilianizing several aspects of the department and improving relations with the community. He said this can only happen with a new command staff. That same report, published in June 2007, recommended a chief for the department.
In the end, both ordinances passed with a vote of 4-3.
"Change is difficult, usually very painful, but it usually does result in positive things for the department," said Griffin Ussak before voting yes.
"The mayor calls the shots with the police director…for the mayor to say that he wants to take the politics out of the EPD is a fabrication," said Ricigliano before voting no.
The results prompted accusations from many residents that those who voted for the measures, all of whom ran on Choi's slate during last November's elections, were just "rubber stamps" for the administration.
Aftermath
Jerry Barca, township communications director, said the administration was pleased with the passage of the ordinances and that they looked forward tomoving on.
"We're pleased, and it presents an opportunity that we look forward to producing results with, and it creates a pathway to create accountability in the police department and a more efficient police department to best serve the residents of this township," said Barca.
Collier, who will now be police director, was also pleased with the results and said that he would like to start by taking stock of the relations between the police department and the community.
"It is welcome news after a few months' wait. I am pleased that the council has decided to go with the director and with the deputy chief spot, I'm looking forward to working with and for the people and police of Edison, New Jersey," said Collier, who added that he was confident, despite the contentious argument the creation of his position produced, that the police officers will do the right thing and "pull together for the common good."
Schwarz said that while he was disappointed with the vote results, the police will continue to provide the level of service they normally do.
"You will still get 110 percent every day from us. … But it is very sad that you didn't listen to the people," said Schwarz.
One resident who opposed the ordinances said he was concerned the changes could make the community less safe.
"I'mreally disappointed in this decision. …Now, because of this mayor, my kids are not going to be safe in this town," said Tony Patel.
Ricigliano, meanwhile, was concerned that the vote represented an inappropriate expansion of executive branch powers.
"One of the things I'm feeling and seeing… I hope the new council people will realize, we are not part of the administration. …We are not part of the executive branch. … The individuals currently serving with me are leading us into dictatorship," Ricigliano said before comparing Choi to Joseph Stalin, Mao Zedong, Fidel Castro and Adolf Hitler.
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