Commissioners Peppered by Police Department Inquiries

WILDWOOD CREST – Long-time borough Police Chief Thomas DePaul retired from his position Dec. 31, 2013. Controversy surrounding DePaul’s retirement, an internal affairs investigation in the department, and a lawsuit seeking records related to the investigation still swirls around borough commission. DePaul serves as director of Cape May County Police Academy.
At borough commission’s April 15 meeting, a routine agenda dealing with less weighty issues was quickly dealt with. Fees for use of borough tennis courts were removed and responsibility for applicants to pay all fees related to background checks for borough jobs that require them was imposed. The commission then opened the public comment period. Almost immediately it found itself in a series of exchanges concerning police department issues.
The first to refocus the meeting on the former chief’s retirement was Thomas Hunt. Hunt had served the borough as a full-time police officer in Wildwood Crest for 18 years. He says he became embroiled in a controversy within the department when he represented the Policemen’s Benevolent Association Local 59 in contract negotiations in 2009.
Hunt was dismissed from the department in 2012 and has filed suit over his dismissal against the borough, Mayor Carl Groon, DePaul, and Dr. Gary M. Glass.
During public comment, Hunt questioned borough officials about payments made to DePaul for accumulated leave. This is an issue Hunt has pressed in previous meetings. DePaul was paid for two years worth of accumulative leave upon his retirement. “Does anyone really belief that the chief took no leave over a period of two years?” Hunt said.
The commissioners largely left the response to Hunt’s inquiries to the borough’s labor counsel William Blaney of Blaney and Donohue. Blaney explained the steps taken in a recent review of the payment made to DePaul.
His comments focused on the issue of whether or not DePaul had been allowed to earn any leave time in 2014 by extending his employment one day into the new year. Blaney said that the former chief was “paid only for accumulated and unused leave time remaining as of Dec. 31, 2013.”
Hunt was pressing the commissioners on more than just DePaul’s exit payment. Subsequent to Hunt’s dismissal, a series of allegations surfaced concerning alleged improprieties in the police department. Hunt feels that subsequent allegations and the results of an internal affairs investigation into them should lead the borough to reconsider his case.
Allegations of wrongdoing in the department had been raised in 2013 by then Lt. Michael Hawthorne. These allegations led to an internal affairs investigation when the borough hired former State Police Major James Fallon to look into the issues.
Fallon is the same investigator more recently hired by Cape May to look into allegations of paid leave abuse in its police department. Fallon has completed his report for Wildwood Crest but its contents are confidential.
The Cape May County Prosecutor’s Office also was involved and received a copy of Fallon’s report. While innuendo is rampant, little is actually known about the specifics of the allegations and the subsequent investigation.
The Prosecutor’s Office sent four letters to Groon in which it is alleged the Prosecutor’s Office warned the mayor that Hawthorne and then-captain David Mayer would no longer be allowed to testify in criminal cases. This step is generally reserved for situations where police officers are known to have been untruthful or to have engaged in types of misconduct that could prejudice their testimony.
John Paff, a public records advocate from Somerset, is suing the Prosecutor’s Office for release of the letters which he feels should be available under the Open Public Records Act (OPRA). That suit and the possible release of those letters was also a focus of discussion at the April 15 commission meeting.
According to Blaney and Borough Solicitor Doreen Corino, Superior Court Judge Nelson Johnson has directed all parties to refrain from discussions regarding the case.
Hawthorne, who is one of the subjects of the letters, spoke openly after the meeting about his situation and says that he found evidence of fraud, theft and misuse of a federal grant. He claims he was forced out for bringing the misconduct to the attention of the chief and the borough.
He specifically cites misconduct by Mayer. Hawthorne had sharp exchanges with borough solicitor Doreen Corino during the public comment period. Regarding the letters, Hawthorne says he hopes the judge rules to make them public.
With so much innuendo and so few real facts, the public is left with little idea of the scope of any problems in the police department. A hearing May 6 may clarify matters since that is when Johnson is expected to rule on the OPRA issue.
Even if Johnson orders the release of the letters, there is no guarantee the public will see them. County Prosecutor Robert Taylor feels there is an important principal of confidentially involved.
Taylor’s concern is that his work with police departments across the county would be negatively impacted by any release of such confidential material. Reached after the April 15 commission meeting, Taylor said, “The release of criminal investigation records, which is how this matter first came to us, is exempt from public record requests.”
Consistent with his position in the Cape May City controversy involving its police department, Taylor also added that “Internal affairs investigation records are confidential under Attorney General Guidelines.”
Taylor was clear. If the judge orders the release of the documents, he will appeal the order. Hawthorne, when asked if he would take the path Hunt has taken and sue the borough, said, “I intend to.”
To contact Vince Conti, email vconti@cmcherald.com.