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Offline just watching

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Police Officers versus Ken Zisa
« on: July 08, 2009, 10:50:09 PM »
I'm starting a separate string for these news Record articles on the lawsuit against Police Chief Ken Zisa because the houses on Berry Street are clearly a minor issue in this whole affair.  Please everyone, let's keep this string to the FACTS, with a minimum of opinions or unsubstatiated claims.

OFFICER'S FIGHT WITH CHIEF HEATS UP

Tuesday, July 7, 2009
Last updated: Tuesday July 7, 2009, 4:07 PM
BY PETER J. SAMPSON
NorthJersey.com
STAFF WRITER
 1 Comment   

New allegations of retaliation have been added to a federal lawsuit brought by two Hackensack police officers against Chief Ken Zisa.
The new claims stem from the seizure last month of a personal computer containing privileged attorney-client communications and other confidential information, according to the suit.
Less than two weeks after filing his complaint in U.S. District Court on June 2, Police Officer Anthony Ferraioli learned he was the subject of an internal affairs investigation for allegedly assuming the name of another officer in an Internet forum, the suit says.
Ferraioli denies the allegation, which his lawyers say was a pretext to further harass him and retaliate against him.
An attorney for the city, however, said officials believe Ferraioli had been impersonating the captain in charge of internal affairs in postings to an NJ.com community forum, and that Ferraioli came under investigation by the Bergen County Prosecutor's Office for identity theft in May, weeks before his suit was filed.
On June 11, Ferraioli was escorted by officers to his New Milford home and, without a warrant or his consent, was forced to turn over a personal computer that belongs to his girlfriend, or "face administrative charges that could lead to termination," the amended complaint alleges.
The hard drive of the computer and a backup drive seized contain "attorney-client communications and e-mails from Ferraioli to counsel," as well as his girlfriend's personal documents, online banking records and other files, according to the suit.
Richard Malagiere, the attorney representing the chief and the department, which is also named, said that Ferraioli was directed to turn over his computer in the course of an internal affairs investigation and that state attorney general's guidelines require officers to comply with such requests.
Using its subpoena power, the Bergen County Prosecutor's Office obtained information from NJ.com, Verizon and AOL, which traced postings under the screen name "IASalcedo" to an e-mail account belonging to Ferraioli, Malagiere said. That information was ultimately turned over to the Hackensack Police Department, spawning the internal affairs investigation, he said.
When confronted with the evidence linking him to the postings, Ferrialoi denied it, prompting investigators to demand his computer, Malagiere said.
"The chief's position is that he feels the case is frivolous and he denies that there is any truth to the allegations," Malagiere said.
Days after the computer was taken, U.S. District Judge Stanley R. Chesler denied the plaintiffs' request for an order directing the police to return the hard drives.
The woman who resides with Ferraioli, Dawn Fray, was added as a plaintiff in the amended complaint. She joined Ferraioli in the new counts alleging an invasion of privacy, conversion or theft of property, and violation of their constitutional right against unreasonable search and seizure.
"The chief of police is using the Police Department as a personal vehicle to retaliate against Anthony Ferraioli for suing him," Montclair attorney Ty Hyderally said Monday. "And it's a message that he's sending to the other police officers that, 'If you sue me it's going to get ugly.' "
Co-counsel John J. Zidziunas said the identity theft investigation was used as a pretext in an effort to discover evidence relating to the lawsuit, as well as information relating to other officers currently suing the department.
"In today's society, a computer is akin to a person's diary. And nobody should have a person's diary, let alone the government, their employer and their adversary," Zidziunas said. "If they had a warrant, that would be a different story."
Ferraioli, a 19-year veteran of the department and recent candidate for PBA local president, and Aldrin Lamboy of Saddle Brook, a police officer since 2001 and candidate for vice president, allege they were unlawfully demoted and relegated to walking a beat in retaliation for exercising their right to vote for the union delegate of their choice.
The suit alleges deprivation of civil rights, retaliation, intentional infliction of emotional distress and political affiliation discrimination and harassment, among other charges. The officers are seeking upward of $5 million in compensatory damages, as well as lost wages and punitive damages.
E-mail: sampson@northjersey.com
New allegations of retaliation have been added to a federal lawsuit brought by two Hackensack police officers against Chief Ken Zisa.

 The new claims stem from the seizure last month of a personal computer containing privileged attorney-client communications and other confidential information, according to the suit.

Less than two weeks after filing his complaint in U.S. District Court on June 2, Police Officer Anthony Ferraioli learned he was the subject of an internal affairs investigation for allegedly assuming the name of another officer in an Internet forum, the suit says.

Ferraioli denies the allegation, which his lawyers say was a pretext to further harass him and retaliate against him.

An attorney for the city, however, said officials believe Ferraioli had been impersonating the captain in charge of internal affairs in postings to an NJ.com community forum, and that Ferraioli came under investigation by the Bergen County Prosecutor's Office for identity theft in May, weeks before his suit was filed.

On June 11, Ferraioli was escorted by officers to his New Milford home and, without a warrant or his consent, was forced to turn over a personal computer that belongs to his girlfriend, or "face administrative charges that could lead to termination," the amended complaint alleges.

The hard drive of the computer and a backup drive seized contain "attorney-client communications and e-mails from Ferraioli to counsel," as well as his girlfriend's personal documents, online banking records and other files, according to the suit.

Richard Malagiere, the attorney representing the chief and the department, which is also named, said that Ferraioli was directed to turn over his computer in the course of an internal affairs investigation and that state attorney general's guidelines require officers to comply with such requests.

Using its subpoena power, the Bergen County Prosecutor's Office obtained information from NJ.com, Verizon and AOL, which traced postings under the screen name "IASalcedo" to an e-mail account belonging to Ferraioli, Malagiere said. That information was ultimately turned over to the Hackensack Police Department, spawning the internal affairs investigation, he said.

When confronted with the evidence linking him to the postings, Ferrialoi denied it, prompting investigators to demand his computer, Malagiere said.

"The chief's position is that he feels the case is frivolous and he denies that there is any truth to the allegations," Malagiere said.

Days after the computer was taken, U.S. District Judge Stanley R. Chesler denied the plaintiffs' request for an order directing the police to return the hard drives.

The woman who resides with Ferraioli, Dawn Fray, was added as a plaintiff in the amended complaint. She joined Ferraioli in the new counts alleging an invasion of privacy, conversion or theft of property, and violation of their constitutional right against unreasonable search and seizure.

"The chief of police is using the Police Department as a personal vehicle to retaliate against Anthony Ferraioli for suing him," Montclair attorney Ty Hyderally said Monday. "And it's a message that he's sending to the other police officers that, 'If you sue me it's going to get ugly.' "

Co-counsel John J. Zidziunas said the identity theft investigation was used as a pretext in an effort to discover evidence relating to the lawsuit, as well as information relating to other officers currently suing the department.

"In today's society, a computer is akin to a person's diary. And nobody should have a person's diary, let alone the government, their employer and their adversary," Zidziunas said. "If they had a warrant, that would be a different story."

Ferraioli, a 19-year veteran of the department and recent candidate for PBA local president, and Aldrin Lamboy of Saddle Brook, a police officer since 2001 and candidate for vice president, allege they were unlawfully demoted and relegated to walking a beat in retaliation for exercising their right to vote for the union delegate of their choice.

The suit alleges deprivation of civil rights, retaliation, intentional infliction of emotional distress and political affiliation discrimination and harassment, among other charges. The officers are seeking upward of $5 million in compensatory damages, as well as lost wages and punitive damages.

E-mail: sampson@northjersey.com



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Re: Police Officers versus Ken Zisa
« Reply #1 on: October 01, 2009, 04:58:19 PM »

Cop files lawsuit saying she was harassed
Tuesday, September 29, 2009
BY MONSY ALVARADO
The Record
STAFF WRITER

HACKENSACK — A police officer recently cleared of criminal charges stemming from a suspended driver's license filed a lawsuit Monday against the city and its police chief alleging her civil rights have been violated and that she has been the victim of harassment, retaliation and a hostile work environment.

Alessandra Viola, who was hired as a dispatcher in 1998 and became a police officer two years later, alleges in the suit that she faced retribution because of her handling last year of a union election, for complaining about the way her supervisor was treating her and because she ended a romantic relationship with the chief's brother, Deputy Chief Frank Zisa Jr.

The charges are listed in a lawsuit filed in Superior Court in Newark. Viola is the 10th city officer, including one who recently retired, who has filed a lawsuit against the city and Zisa since June. The other officers filed federal lawsuits and also allege they have been retaliated against and harassed.

Viola is suing under the Conscientious Employee Protection Act, the New Jersey Law Against Discrimination, and the New Jersey Civil Rights Act.

"By and through their agents, defendants fostered a harassing and retaliatory atmosphere and allowed actions which constitute harassment and retaliation in violation of CEPA," the lawsuit reads.

Zisa could not be reached for comment. City Attorney Joseph Zisa, who is the police chief's cousin, said he had not received the complaint and could not address the specific allegations.

"We will defend this case vigorously like we are defending all these cases vigorously," he said.

Neil Mullin, Viola's attorney, declined to comment. Viola, who has been suspended with pay since January, could not be reached.

In the 22-page suit, Viola alleges that as secretary of the local Policemen's Benevolent Association she did not allow police officers to be intimidated to vote for Zisa's handpicked candidate. She alleges she allowed officers to vote in an area not being monitored by a superior officer sent by the chief.

She also alleges that soon after the election she was transferred from community policing to patrol, and assigned to a supervisor with whom she had a bad relationship, as retribution.

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Re: Police Officers versus Ken Zisa
« Reply #2 on: December 04, 2009, 03:31:14 PM »
HPD Chief Zisa answers his critics

Friday, December 4, 2009
LAST UPDATED: FRIDAY DECEMBER 4, 2009, 11:40 AM

BY MARK J. BONAMO
HACKENSACK CHRONICLE

MANAGING EDITOR
 
9 Comments
   
 Page 1 2 3 4 >>
Hackensack Police Chief Charles Kenneth Zisa and his family believe in America.
 
FILE PHOTO
Hackensack Police Chief Charles 'Ken' Zisa
The chief’s ancestors arrived in 1909 from Sicily, seeking a better life just like thousands before and after them.
The Zisas went on to build their American dream in Hackensack, creating what some have called a small but strong political empire in Bergen County’s seat.
But now, this so-called kingdom is being threatened. A group of 10 current and former Hackensack police officers have filed a series of federal and civil lawsuits against Zisa and the department that he heads. The lawsuits allege a pattern of retaliation and harassment for failing to support the chief’s political candidacies and those that he supported.
Additional legal skirmishes, including an ongoing internal affairs hearing that will determine the fate of Officer Anthony Ferraioli, the recently elected president of Policemen’s Benevolent Association (PBA) Local 9, have only heightened the bitter battle for the soul of the Hackensack Police Department.
The federal lawsuits were filed against Zisa, the Hackensack Police Department and some police supervisors in June and were followed by a civil lawsuit filed against the chief and the city in September. Although a relatively high percentage of the nearly 100-member department is pursuing legal action against him, Zisa seems unfazed. Sitting in his office at Police Headquarters on State Street, the chief affirmed his belief that his position as the leader of Hackensack’s police force was secure.
"The allegations are false," Zisa said. "I can’t discuss the specifics of the lawsuits, other than to say that during the course of time, those allegations will be proven to be baseless."
 
Zisa: ‘The lawsuits are baseless’
 
One of the consistent allegations made in the lawsuits is a pattern of punishment doled out by Zisa and his command staff to those who were perceived to not be adequately supportive of Zisa and his political allies.
The alleged reprisals included unwanted transfers to foot patrol beats and other less desirable assignments as retribution for either failing to back Zisa and his political allies, or for voting for a union delegate in a June 2008 PBA election that was not Zisa’s favored candidate.
Zisa maintains that officer assignments are made based on police needs, not perceived political support.
"I do understand that there are times when officers do not like assignments, and there is not a lot that we can do about that. Some assignments are more desirable than others," Zisa said. "However, that does not form the basis of a lawsuit. The lawsuits are baseless in that sense."
Another notable allegation in the lawsuits centers on construction work performed by Officer Scott Sybel for Chief Zisa and his brother, Deputy Chief Frank Zisa. Sybel claims that he was not paid for his work, and further alleges that after he was coerced into making Chief Zisa a partner in a construction business, the chief and his cousin, City Attorney Joseph Zisa, pocketed proceeds from the sale of three houses and failed to give Sybel a fair share from the sale of a fourth house.
Zisa claims that Sybel’s allegations come from a business situation involving "five partners that don’t get along anymore" and that Sybel’s claims "can be easily disproven with documentation" and will be "appropriately disposed of" in future in civil court.
Deputy Chief Zisa’s name surfaces again in the civil lawsuit filed by Police Officer Alessandra Viola on Sept. 28 against Chief Zisa and the city.
Viola, who was found not guilty on Sept. 17 of criminal charges arising from accusations of driving with a suspended license while on duty, alleges that she was retaliated against after she resisted Chief Zisa’s efforts to intimidate voters into voting for the chief’s favored candidate in the June 2008 PBA election for state delegate. Viola also claims that she experienced additional retaliation after she rebuffed an attempt by Deputy Chief Zisa to restart their erstwhile romantic relationship at a fundraiser dinner dance in December 2008.
Viola, who has been suspended from the police force with pay since January, still faces numerous administrative charges. If she is found guilty of these charges, Viola could be terminated.
Chief Zisa, who has previously denied the allegations directly involving him, declined to comment about Deputy Chief Zisa’s role in the matter, stating that he had not read Viola’s lawsuit.
Importance of Attorney General guidelines questioned
 
During the ongoing internal affairs hearing, Ferraioli’s attorney, Patrick Toscano Jr., has repeatedly contended that the charges against his client should be dismissed because the City of Hackensack has never formally adopted the state Attorney General guidelines, which contain the correct procedures for internal affairs investigations. Toscano has maintained throughout the Ferraioli hearing, which resumes Dec. 10, that any charges resulting from these investigations should therefore be nullified.
Zisa asserted that the question of whether the Attorney General guidelines were formally adopted by the city will come out during the Ferraioli hearing.
"It really doesn’t matter whether or not the guidelines are formally adopted," said Zisa. "What matters is the conduct of the officer, and the way that the investigation was handled by the department."
Philip George is the attorney representing the City of Hackensack and its police department in the Ferraioli disciplinary hearing. According to a letter sent by George to City Manager Stephen Lo Iacono, who is the official hearing officer in the Ferraioli matter, the Bergen County Prosecutor’s Office has reportedly begun an investigation concerning the internal affairs investigation of Ferraioli.
"My understanding is that the attorney for the officer filed a complaint, and an automatic process takes place when that happens," Zisa noted when questioned about the reported investigation. "If you wanted to get a probe of anyone, you could easily do that just by filing a complaint against them. Obviously, somebody is going to look into it. They’re not going to dismiss it out of hand."
 
Zisa: ‘The department is not out of control’
 
Another recent court case involving Hackensack police officers centered on a recorded conversation between Ferraioli and Sgt. Anthony Trezza.
During the March 2009 conversation, Trezza is heard saying that "I’ll put a … bullet in [Ferraioli’s] head and mine" if Ferraioli won the election for PBA Local 9 president. Although Ferraioli subsequently filed harassment charges, Trezza was found not guilty on Sept. 24 because the presiding judge maintained that the prosecution did not prove beyond a reasonable doubt that Trezza made the statement with the intent to harass.
Although such an incident may appear to be out of order, especially within a disciplined law and order organization such as a city police force, Zisa affirmed that his department is still under firm command.
"The department is not out of control in the sense of providing police service," said Zisa, who was named Hackensack police chief in 1995 during the administration of former Mayor Jack Zisa, the chief’s brother. "There are clearly issues related to the feelings that some officers have towards each other and towards me. I’m always worried about morale with or without lawsuits. Obviously when you have something that is highly charged like these lawsuits, that creates a greater concern for morale issues."
Some Hackensack residents have expressed concern not for police morale but for police protection. At a Sept. 23 town hall meeting held in the city’s First Ward, many of the over 100 residents present complained that the police presence was inadequate in the neighborhood, leading to a noticeable rise in crime.
However, Zisa does not see any relationship between the current spate of lawsuits facing the police department and police protection itself.
"The lawsuits have no impact on the staffing level," Zisa said, pointing to a "higher than usual" number of recent retirements in the force as the real issue. "We have 12 recruits in the academy. When they complete their training [later this month], we will be fully staffed. Lawsuits have no impact on staffing levels."
 
Police chief or politician?
 
A wider question has been raised by the lawsuits with regard to Chief Zisa’s political activities and the alleged politicization of the Hackensack Police Department.
Zisa, a Democrat, has had a well-known local political career. He served in the state’s General Assembly from 1994 to 2002, representing the 37th legislative district, which includes Hackensack. Zisa lost to state Sen. Loretta Weinberg in a bitter 2005 Democratic primary fight after she received critical support from Gov. Corzine. Zisa was backed in that battle by then Bergen County Democratic Chairman Joseph Ferriero.
While it has been rumored at times that Zisa is ready to make another bid for public office, he has yet to do so. However, Hackensack’s police chief feels that if he wants to stand for election again, it is his right to do so.
"I would be the biggest hypocrite as a person who enjoys being involved politically to tell someone that they cannot exercise their constitutional right to be involved in politics," Zisa said. "People try to make politics a dirty word."
For many, the combination of money and politics has made fundraising the f-word of the modern political scene. And plaintiff allegations that Zisa essentially forced them to donate to his and others’ campaigns have resulted in a blunt response from Zisa.
"Fundraising has never been an issue here," Zisa said. "I’ve never asked police officers personally for money. There are officers inside and outside of this department who have wanted to support me in my political endeavors because they believe that it’s good for them to be represented by a police officer."
"[People] are giving too much weight to the credibility of a few police officers who are personally or politically motivated," added Zisa. "All of a sudden this year, an issue has been raised about whether or not I have extorted political contributions from police officers. It’s never been an issue. It’s not an issue to the public. It’s not an issue to most of the police officers here."
 
The chief’s view of the recent PBA election
 
Ferraioli, one of the police officers who made these allegations, was elected PBA Local 9 president on Oct. 2 after an earlier May 29 vote was overturned.
Ferraioli has been indefinitely suspended with pay since July pending the results of his internal affairs hearing. He was suspended for purportedly pretending to be the head of the department’s internal affairs division in a popular online forum. If Ferraioli is found guilty of the disciplinary charges filed against him, he could face termination.
While some view Ferraioli’s victory as a sign that the chief’s control over the city’s police department is slipping, Zisa disagrees.
"It doesn’t matter to me who the PBA president or the PBA delegate is," Zisa said. "My authority is not derived from the PBA, or who runs the PBA. My authority is statutory through the [state] Department of Personnel (now known as the N.J. Civil Service Commission) and the municipal code which enacted the police department. The command staff still has the same authority that we had the day before the election, and that we will continue to have. I’ve always worked with the union, and I’ll continue to work with the union. I don’t really see it as that big a deal."
 
The effect of police conflict on Hackensack’s, and Chief Zisa’s, future
 
Although Zisa could stop working after 30 years of police service and receive a lucrative pension, he has no desire to retire. Nor does he believe that he will be removed soon from his position as police chief due to any internal municipal move, or outside legal intervention.
"It would not serve the criminal justice system well to allow police officers to decide who their police chief is going to be," Zisa said. "That’s why it doesn’t happen that way."
 
However, one pervasive force could certainly hurt Hackensack, its police force and its chief: the state of New Jersey’s budget.
As the Garden State faces a budget hole of $1 billion in the current year, the state government reportedly plans to withhold $20.7 million in aid payments to municipalities, including potentially the City of Hackensack, which has an approximately $80 million budget.
Added to this stark municipal aid picture is perhaps a more disturbing vision: the consequences of the police officers’ lawsuits against the city. A former Teaneck police officer won a $4.1 million judgment against Teaneck Township in December 2008 after he claimed that he was retaliated against by fellow officers. In the context of the current economic and budgetary climate, such a decision could potentially have devastating effects on Hackensack’s city services, including police protection.
Zisa noted that decisions regarding the settlement of lawsuits are made by the city council. However, he doesn’t think that it will come to that.
"I’m not particularly concerned about awards because I don’t believe that there will be a single dollar awarded to any of these officers who have filed these bogus lawsuits," Zisa said. "I can’t say why they’ve done it, but I can say that they’re costing the city an enormous amount of money in legal fees to defend itself against lawsuits that have absolutely no merit."
"People see lawsuits as a way to make easy money," Zisa added, noting that he was speaking speculatively. "There are some lawyers out there who encourage that. In fact, [some refer to this] as ‘the legal lottery', whether or not the lawsuit has merit."
Zisa believes that his battle to remain in charge of the Hackensack Police Department does have merit.
"I do think that it’s about control. I do think that [the plaintiffs in the lawsuits] want to control the police department," Zisa said. "This is not about me trying to maintain control of the police department for personal reasons…They are trying to effectuate change through filing bogus lawsuits, thinking that might have an impact on how I run the police department. That can’t happen."
Looking ahead, Zisa commented on what he thinks will happen as the clash for control of the Hackensack Police Department continues.
"I think what will come out of this will be a better police department," he said. "When all is said and done, officers here will understand that the city has taken a position that we don’t throw money at officers for bogus lawsuits…and when it’s all over, I think we’re going to be more highly disciplined and orderly than when we went into it."
And when it’s all over, Chief Zisa, his family close by, in the city that they have lived in for 100 years, believes that he knows where he will be – at the front of Hackensack’s thin blue line.
"I expect to be in charge," Zisa said. "I don’t see any reason why that would change. And I think that I will make the job for my successor a lot easier."

E-mail: bonamo@northjersey.com



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Re: Police Officers versus Ken Zisa
« Reply #3 on: February 03, 2010, 05:20:19 PM »
Here's the latest Record news article about this ongoing issue:

Hackensack police officers' suit accuses Chief Zisa of extorting political donations, votes
Thursday, January 28, 2010
BY WILLIAM LAMB
THE RECORD
STAFF WRITER
   
Two Hackensack police officers have filed a lawsuit against Chief Ken Zisa, accusing him of extorting political contributions and votes, and demoting them to patrol duty when they refused to go along.
The lawsuit, filed Thursday in U.S. District Court in Newark, is the fifth filed since February accusing Zisa, a former state assemblyman, of abusing his authority to influence the outcomes of local, state and police union elections. A total of 15 officers have now sued Zisa in federal or state court.

A 16-page complaint was filed late Thursday on behalf of two veteran officers, Alberto Gutierrez and Jennifer Finley. The lawsuit claims both were demoted to the patrol division — Gutierrez from the narcotics division, Finley from the investigative division — for refusing to support Zisa’s preferred candidate in a June 2008 New Jersey State Policemen’s Benevolent Association election.

The complaint also alleges that Zisa forced officers to attend a $75-a-head fundraising dinner supporting his aborted bid for a state assembly seat in 2007. Gutierrez also installed a sewer line and hot water heater at Zisa’s Hackensack home without being compensated for his labor or the materials, fearful that he would be demoted from the narcotics division if he did not comply, according to the complaint.
Zisa “ruled this department with an iron hand, and people were fearful,” said Mark B. Frost, a Philadelphia attorney who represents 12 of the 15 officers with pending lawsuits against the chief and the city of Hackensack. “If you don’t play ball, the chief is going to censure you, demote you and ultimately ruin your career. What’s happening now is people are standing up and saying, ‘Enough is enough.’”
Zisa said Thursday that all of the lawsuits against him were baseless and “an insult to the Hackensack taxpayers.”
“These are the same bogus claims as part of an overall strategy to induce a settlement from the city,” he said.

E-mail: lamb@northjersey.com