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FOP WINS DISCIPLINARY GRIEVANCE FOR MEMBER!ARBITRATOR CALLS INTO QUESTION VERACITY OF INTERNAL AFFAIRS AND SHERIFF’S ADMINISTRATION
Middlesex, NJ – The FOP National Legal Defense won a major victory for our member charged with insubordination. The Middlesex Sheriff’s Office charged our member with insubordination because he refused to change or alter his police report and consequently suspended him for five (5) days. The Administration repeatedly requested our member change his report, after it was completed and approved by his superior officers, to add information he did not personally obtain, nor could he verify, which would have destroyed the credibility of his report. Further, they insisted he remove any information of the requests to change the report, when the requests were made and who ordered him to make these changes. Our member refused to amend his report as it was an unlawful order and potentially exposed him to “Brady Issues”. The majority representation union chose not to fight this matter on the grievant’s behalf, and the FOP stepped in to defend our member’s rights. Upon submission of the final notice of disciplinary action by the Sheriff’s Office, the FOP went to work to defend our member and right this wrong. FOP Legal Defense filed a grievance (PERC Docket # AR-2020-095 Argued before Prof. Robert T. Simmelkjaer, Esq. dated December 28, 2020) pursuant to the collective bargaining agreement arguing the discipline was unjust.
During the hearing it became clear and was confirmed in the assigned arbitrator’s decision that the Sheriff’s Office Internal Affairs, Administration, and Command, had no basis to discipline our member and purposely hid exculpatory information from the FOP. The assigned arbitrator went on to question the veracity of the Internal Affairs process and members of the Sheriff’s Administration! The assigned arbitrator’s decision negates the imposed five (5) day suspension and restores any loss to our member.The FOP will continue to defend our members, without fail and with the full resources at our disposal.
We are FOP Strong!
Brothers and Sisters,
I am happy to report S-1017 passed the full Senate on Thursday, December 17th, with a vote of 38-0. This bill will allow PFRS members to retire after 20 years of service at 50% of their salary with no age requirements. The companion bill will now have to go through an Assembly committee then to the full Assembly for a vote. When approved by the full Assembly, both bills will then go onto the Governor’s desk. I am hoping it will be on the Governor’s desk by February 2021. I will keep you posted!
Robert W. Fox