A Seaside Park, N.J. police vehicle. (Photo: Daniel Nee)
A Seaside Park police lieutenant has sued the borough, alleging he was passed over for chief and then subjected to retaliation due to his personal politics, and after allegedly raising concerns about equipment losses, paperwork mishaps and training deficiencies in the department.
Daniel Fitzgerald, a lieutenant who has served with the department since 1999 and was acting as officer-in-charge in late 2024 and early 2025, filed the complaint in Ocean County Superior Court in May. The suit claims violations of the New Jersey Conscientious Employee Protection Act, the New Jersey Civil Rights Act for alleged political retaliation, and breach of the implied covenant of good faith and fair dealing. The borough disputed the claims in an answer to the complaint.
According to the complaint, Fitzgerald was the highest-ranked candidate on a civil service promotional list and had “extensive supervisory and administrative experience,” despite being passed over for the chief’s position, replacing James Boag. He alleges the borough did not follow a fair process when it selected current chief Brian McKay as the department’s top leader in May 2025. Fitzgerald claims the promotional process was irregular, included a limited interview panel rather than the full governing body, and was influenced by political considerations rather than merit.
Fitzgerald alleges he was targeted because of his perceived political affiliation as a Democrat, though the complaint does not actually specify which party – if any – to which Fitzgerald belongs or supports. The complaint states that on or about Feb. 3, 2025, while the former chief was on duty at police headquarters, the former chief told him that during discussions relating to the chief promotional process, he “had been referred to as ‘Dan the Dem’” and asked whether he had displayed a Biden campaign sign on his lawn during the 2024 presidential election.
In the second cause of action under the New Jersey Civil Rights Act for political retaliation, the lawsuit asserts that Fitzgerald “engaged in constitutionally protected conduct, including his actual and/or perceived political beliefs, political affiliation, political association, political expression, and lack of political alignment with borough decisionmakers and their preferred candidate.”
The complaint also states that Fitzgerald’s personal information, including his home address, cell phone number and Social Security number, was posted on the borough website at some point during the hiring process, though there was no clear indication as to whether he believed this was intentional or simply an error, since the document implies McKay’s information also appeared publicly for some period of time. To that end, the lawsuit alleges McKay’s resume contained a “misrepresentation” about his assignment at the time. Fitzgerald claims false complaints were made against him to undermine his candidacy.
Seaside Park Police Chief Bryan McKay (Credit: Borough of Seaside Park)
After McKay’s appointment, Fitzgerald alleges he faced a pattern of adverse treatment, centering on a purported offer to be promoted to the rank of captain, which has yet to occur. His scheduling duties, which he had handled for about a decade, were reassigned. He claims to have lost time-off privileges that other supervisors retained, was excluded from a swearing-in photograph for the new chief, had other administrative responsibilities removed, and was “marginalized” and bypassed on operational matters even when on duty. He claims he was moved to another shift after addressing performance deficiencies involving certain officers. Fitzgerald continued to document alleged issues – mostly clerical or administrative in nature – including unsecured internal affairs files, missing documents needed for accreditation reviews, deficient use-of-force report reviews involving patrol officers and special law enforcement officers, payroll and overtime irregularities, and training or licensing compliance problems with special law enforcement officers.
The borough, in its answer filed June 10, denies the allegations of retaliation, political bias or improper conduct in the promotional process or afterward. It admits Fitzgerald was notified of interviews, that a captain position was discussed with him, and that McKay was selected as chief over him, but it denies the process was unfair or that Fitzgerald was treated differently. The borough stated that many specific allegations are outright denied or that the lawsuit lacks sufficient information to admit or deny them. It describes Fitzgerald as bitter after not receiving the promotion and claims he attempted to “magnify or imagine” defects in McKay’s performance while making unfounded allegations against fellow officers that created difficulties for the department.
The borough asserted numerous affirmative defenses, including immunity protections under the state’s Tort Claims Act, and demands that Fitzgerald specify his claimed damages. Both sides have demanded a jury trial.
Fitzgerald, represented by The Toscano Law Firm, is seeking compensatory damages, including lost compensation, lost promotional and pension opportunities, reputational harm and other economic and non-economic losses. The borough, represented by Rothstein, Mandell, Strohm, Halm & Cipriani, is seeking dismissal of the complaint with prejudice.
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