On appeal from Superior Court of New Jersey, Law Division, Bergen County, No. L-5384-07.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Before Judges Wefing, Parker and LeWinn.
The parties appeal and cross-appeal from an order entered by the trial court. After reviewing the record in light of the contentions advanced on appeal, we affirm.
Plaintiff has been a member of the Glen Rock Police Department for more than twenty years. He holds the rank of sergeant and the title of detective. Defendants are the Borough of Glen Rock and its police department. On October 3, 2006, Steven D. Cherry, Chief of the Department, served plaintiff with a disciplinary notice, charging him with acting contrary to good order and discipline and violating Glen Rock's "No Tolerance Policy" with respect to wrongdoing in the workplace. That notice contained no recommendation with respect to discipline.
Three days later, Chief Cherry served an amended notice of disciplinary action which set forth nine charges:
fl a violation of Police Manual, Chapter 5:1.3(d), an "act or omission contrary to good order or discipline";
fl a violation of Police Manual, Chapter 3:11, failing to conduct his private and professional life so "as to avoid bringing the Department into disrepute";
fl a violation of Police Manual, Chapter 3:18, failing to perform his duties as required "by law, Department rule, policy or order";
fl a violation of Police Manual, Chapter 3:1.11, failing to obey all laws, ordinances, rules, regulations and orders of the Department;
fl a violation of Police Manual, Chapter 3:1.13, failing to "treat Superior Officers, subordinates and associates with respect";
fl a violation of Police Manual, Chapter 5:1.2;
fl a violation of the borough's sexual harassment policy; fl a violation of the borough's "No Tolerance Policy"; and fl conduct unbecoming an officer or conduct detrimental to the reputation, order and discipline of the Department. In this amended notice, Chief Cherry recommended that plaintiff be suspended for three ...