Campbell’s Pension Affirmed, Reduced

CAPE MAY – In August 2017, former Cape May Police Officer John Campbell pled guilty to embezzling $105,000 from union funds while he served as an officer of Policeman’s Benevolent Association Local 59 in Cape May. 
Almost a year later, on June 11, a state board considered the impact of his conviction on his Police and Firemen’s System pension.
The board affirmed Campbell’s pension but reduced it to the level it would have been at if he had retired on January 1, 2012 instead of mid-2016.
Campbell was convicted of third-degree felony theft for taking PBA funds for his personal use from 2012 to 2016. The board decision was to remove the years of service from his pension that coincided with the proven years of criminal activity.
Background
Campbell served as the PBA local’s state delegate from 2012 to 2016. According to State Police Superintendent Col. Rick Fuentes almost immediately, “Campbell chose to lavish himself with gifts, trips, jewelry and electronics” all paid for with embezzled funds.
Beginning in 2014, Campbell pushed the city to take action against then-chief of police Robert Sheehan and Lt. Clarence Lear for alleged misuse of compensatory time.
While Campbell pursued this line with the city, he was paying for Mexican time shares with PBA funds.
A routine audit of the PBA local’s books uncovered financial discrepancies which eventually led to Campbell’s arrest and conviction.
At that point, a process began which incrementally reduced the potential penalties Campbell might have to face.
PBA sources originally claimed that Campbell took $180,000 from the union coffers, not $105,000. The lower number was used in a plea deal that gained Campbell’s admission of guilt.
In New Jersey, theft of over $75,000 is normally a second-degree felony, not a third-degree crime. Campbell was allowed to plead to a third-degree crime.
There is an important difference between the two levels that goes beyond the fact that the higher level crime carries a potentially longer jail term.
A crime of the second degree carries with it a “presumption of incarceration,” which does not apply to a crime in the third degree.
By the time the plea agreement was reached, State Attorney General Christopher Porrino announced “Under the plea agreement, the state will recommend that Campbell be sentenced to 364 days in the county jail as a condition of a term of probation. He must pay $105,000 in restitution to the union and faces a potential criminal fine of up to $15,000.”
Almost none of that happened. In November 2017, Superior Court Judge John C. Porto decided to impose no jail time on Campbell. Instead, Campbell received five years of probation, 300 hours of community service, and six months of home detention. 
The $15,000 fine recommended by the prosecutors was lowered to $5,000.
Campbell did make full restitution of the $105,000 to the PBA, doing so in a single check presented in court.
A Herald article on the sentencing quoted Robert Hartman, vice president of PBA Local 59, noting that the union was still out $75,000, referencing the original claim of $180,000 embezzled.
Pension
State pension law stipulates that the receipt of retirement benefits is conditional on the individual rendering honorable service. It further states that an individual may be subject to reduction or complete forfeiture of earned service credits, salary, and benefits if convicted of a crime that is related to his or her employment. 
Campbell pled guilty to a felony in August 2017. He was sentenced in November 2017. In June 2018, the implications of his actions for his pension came up for review in Trenton.
The decision was that Campbell would receive his pension at a reduced rate. 
The movement of Campbell’s retirement date from 2016 to 2012 may open another round of proceedings. If the final calculation shows that Campbell no longer has 25 years of service, the reduction in his annual pension amount may be accompanied by a move to seek monies already paid that were in excess of the new amount.
The City of Cape May will also have to consider what its obligations are with respect to Campbell’s benefits which are paid by the city.
Conclusion
For four years, John Campbell lived a life that could not be sustained by his salary. He did so by engaging in what Porrino called a “crass betrayal” which in Hartman’s words “tarnished the badge of every officer.”
After the sentencing, Hartman was quoted in the Herald as saying “One day in jail would have been better for us than what he got.”
The most recent state records available show that Campbell currently earns a pension of $69,078 per year. A representative of the Treasury Department said his new pension amount will be calculated in the coming weeks.
To contact Vince Conti, email vconti@cmcherald.com.