Air Cleared, City, Co. Prosecutor Settle Suit

CAPE MAY – Cape May City Council approved, at its Sept. 15 meeting, a settlement reached by the city and the Cape May County Prosecutor’s Office. The settlement ended months of legal conflict which began when the city filed a civil suit against County Prosecutor Robert Taylor and his office in an attempt to force Taylor to remove the monitor he placed in the police department.
The ongoing dispute had its origins in the March demotion of Police Chief Robert Sheehan and escalated to Taylor’s imposition of a monitor, the city’s suit against the Prosecutor’s Office, a counter claim by Taylor, and, most recently, the possibility of a grand jury investigation and issuance of subpoenas for records to the City Manager and City Clerk.
To the relief of both sides, the Stipulation of Settlement and Dismissal resolves the issues in dispute and provides for the withdrawal of the subpoenas.
Roles Recognized
The focus of the settlement is an agreement on the respective roles of the city and County Prosecutor in oversight of the municipal police department. The settlement recognizes the role of the prosecutor as the chief law enforcement officer in the county and as the individual with oversight of “all law enforcement personnel with respect to policing activities.”
It also acknowledges the right of the prosecutor to place a monitor in the police department for “purposes of observing the performance of the law enforcement duties of the Police Department.”
A major source of conflict between the city and the Prosecutor’s Office had focused on Taylor’s accusation that the city violated confidentiality regarding an internal affairs investigation, and failed to observe Attorney General Guidelines regarding such investigations.
While the city still has not admitted that it violated those guidelines, the settlement does state that the city agrees that all such investigations are confidential and that the city “will adhere to the requirements contained in the Attorney General Guidelines.”
Administrative Oversight
Cape May, through its governing body and chief executive, is recognized in the settlement as having oversight of all purely administrative aspects of the police department. Investigations of conduct in the department, even those that appear to be only administrative; will first be referred to the Prosecutor’s Office for a determination of any possible criminal activity.
The city maintains the right to address administrative matters “in full compliance with the applicable collective bargaining agreements, private contracts, state statutes and applicable Civil Service regulations.”
The settlement, according to Solicitor Anthony Monzo, clears the way for the city to continue its activities regarding the administrative hearing with respect to Lt. Clarence Lear and the lawsuit involving Capt. Robert Sheehan.
City May Proceed
While both matters were ongoing and the hearing for Lear scheduled, the city was proceeding with “one eye on the Prosecutor’s Office,” said Monzo. The settlement provides the city an opportunity to proceed in the ways it sees as most appropriate to serve the public interest.
The cloud of a possible grand jury proceeding is also lifted by the agreement. The settlement states clearly that “all the pending grand jury subpoenas are hereby deemed withdrawn.”
Parties Satisfied
Taylor indicated that he was “pleased the matter had been settled,” but he added his belief that “a meeting in early March should have been able to resolve all issues.”  Taylor also added that there never was a “need for the city to sue me or my office.”
The city’s release stated, “The City of Cape May is pleased that this matter has reached a conclusion so the city can focus on the various administrative matters that it will be addressing on a going-forward basis.”
To contact Vince Conti, email vconti@cmcherald.com.