WILDWOOD CREST – Was it something he said or knew or complained about? Or is he just a disgruntled employee out for revenge? These are the questions raised by the 73-page complaint filed by attorney Michelle Douglass on behalf of Thomas and Barbara Hunt, in U.S. District Court, District of New Jersey and the voluminous, multiple answers by the defendants identified as the Borough of Wildwood Crest, Mayor Carl Groon, Chief Thomas DePaul and Dr. Gary Glass.
The answer is winding its way through the legal system and there will be no quick resolution of the matter.
Here’s how it started:
Thomas Hunt was a career law enforcement officer. He served with the Wildwood Crest borough from 1991 to 2012, 18 of those years as a full-time officer. During that time he rose to the rank of sergeant and performed a variety of functions including school resource officer and supervisor. He was also the lead union negotiator for Policeman’s Benevolent Association Local 59.
In November 2009 negotiations began and so did Hunt’s problems. On Dec. 7, 2009 union attorney Charles Schlager sent a letter by facsimile to the unit representative Officer Richard D’Amico. It was intercepted by Sgt. Hawthorne who placed it on the desk of Kevin Yecco, borough administrator at the time, and on the opposite side of negotiations.
Yecco recognized it was not for him, and immediately took action to correct the mistake. Hunt then contacted Hawthorne and asked what happened and how many people had the privileged communication? Hunt alleges he was met with insult and derision.
After that the campaign to “antagonize him,” make him an “outcast” and “defame his good name and reputation,” began, he claims. Hunt publically accused DePaul of keeping two “sets of books” regarding police work times which Hunt alleged was a violation of federal law. Shortly thereafter he was advised that he was under investigation by Internal Affairs.
The next three years, the complaint alleges, became worse and worse for Hunt. In fact it states that the acts of the defendants were so “extreme, outrageous conduct that they caused emotional distress so severe no reasonable person should be expected to endure.” These acts included a “forced medical examination” which ultimately determined in a Fitness For Duty Evaluation that he was not. Hunt alleges it was all retaliation and a “deterrent” against his union activities.
Doreen Corino, solicitor for Wildwood Crest, insists that Hunt’s claims are meritless. The borough is being defended by JIF attorney Todd Gelfand. Corino pointed out that Hunt filed a Civil Service complaint and there was an extensive hearing on the matter before Hunt’s attorney asked to withdraw the complaint.
The request was granted and the borough appealed the ruling. Douglass said the reason she requested to withdraw was a recent Supreme Court of New Jersey ruling in a case called Winters v. North Hudson Regional Fire Company which basically stated you pick your jurisdictional venue and are stuck with it. Douglass said they wanted to preserve their right to pursue the matter in Federal Court. “Everything is on hold until the appeals are heard and ruled on.”
Corino said that the plaintiffs are “trying to connect the two” actions. Whichever side one takes, the litigation is ongoing with no end in sight.
In the meantime DePaul retired as did Hunt. Because of the upset all this caused, and other collateral issues, Wildwood Crest has no police chief. Lt. Joseph McGrath is officer in charge, appointed by commissioners in April.
To contact Helen McCaffrey, email hmccaffrey@cmcherald.com.
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