{"id":13620,"date":"2023-04-12T03:26:19","date_gmt":"2023-04-12T07:26:19","guid":{"rendered":"https:\/\/shorebeat.com\/lavallette-seaside\/?p=13620"},"modified":"2023-04-12T03:27:46","modified_gmt":"2023-04-12T07:27:46","slug":"lavallette-police-chief-disputes-prosecutors-office-report-of-deficiencies-in-department","status":"publish","type":"post","link":"https:\/\/shorebeat.com\/lavallette-seaside\/2023\/04\/lavallette-police-chief-disputes-prosecutors-office-report-of-deficiencies-in-department\/","title":{"rendered":"Lavallette Police Chief Disputes Prosecutor’s Office Report of ‘Deficiencies’ in Department"},"content":{"rendered":"
\"Lavallette<\/a>

Lavallette police car. (Photo: Daniel Nee)<\/p><\/div>\n

Lavallette Police Chief Christian LaCicero delivered a response to a report from the Ocean County Prosecutor\u2019s Office that described what the county agency saw as \u201cdeficiencies\u201d in the department, telling residents that the prosecutor\u2019s office\u2019s report led to \u201csalacious headlines\u201d in some media sources that could confuse residents.<\/p>\n

LaCicero delivered the seven-page report in response to a 23-page report released by the prosecutor\u2019s office after it handed control of the Lavallette Police Department back to the borough<\/a> after commanding it since May. The county relinquished control just days after Lavallette filed a lawsuit<\/a> over the matter, saying the prosecutor\u2019s office \u201ccommandeered\u201d space at borough hall, locked the newly-appointed chief out of his office and never specified what, exactly, they were seeking the from the borough. LaCicero, an 18-year veteran of the department who had been serving as a sergeant for nine years, was appointed chief in Nov. 2021<\/a>, but only began overseeing day-to-day operations last month.<\/p>\n

\u201cThe office was a contentious issue, and it was part of the lawsuit,\u201d said LaCicero. \u201cI wasn\u2019t given access to the chief\u2019s office from the start. They would shut the door on me and have private conversations amongst themselves. I had no access until the 24th [of March].\u201d<\/p>\n

The department\u2019s relationship with the prosecutor\u2019s office had never been completely clear, and had been shrouded in rumors dating back to Dec. 2021, when the county took over the department\u2019s Internal Affairs Bureau amidst pending disciplinary actions against certain employees. It is unclear whether those disciplinary issues have been resolved. This followed with a complete takeover of the department after former Chief Colin Grant took \u201cterminal leave\u201d before retiring \u2013 essentially, using accrued vacation time ahead of an official retirement. Borough officials claim the county never actually provided details as to what the borough was expected to do to retake control, even after a new chief was appointed.<\/p>\n

The report from the prosecutor\u2019s office noted several \u201cdeficiencies\u201d at the department, including the appointment of a new internal affairs officer, problems with an e-mail system, the use of a town-owned radio system, the use of a computer-aided dispatch, or CAD, system, evaluations, body armor policies and the department choosing not to carry long guns in the compartment of their vehicles or run radar units. The full report is embedded below this story.<\/p>\n

LaCicero disputed much of the report, zeroing in on some areas which he said were misrepresented.<\/p>\n

Radios and Records<\/strong><\/p>\n

Lavallette officials say they are one of the few small towns in Ocean County that maintains its own radio communications system and dispatch. For years, the council has said keeping dispatching local helps provide extra services for the community, including welfare checks on senior citizens and quicker responses to calls since the Lavallette address and ZIP code are used by communities in other jurisdictions. The borough has invested heavily in its radio system since a federal law required new equipment that is compatible with newly-assigned frequencies. The particular event mentioned by OCPO in its report references a power failure in the water tower that resulted in the battery backup system running out of power.<\/p>\n

\u201cThe radio system remained operational, but with limited range,\u201d LaCicero\u2019s response said. \u201cThe system was quickly repaired by the Borough once the problem was realized. The antenna was not replaced, and the system remains operating exceptionally well. The Department also has several redundant back-up systems in place. Personal cellular phones were used to notify dispatch of the problem when the radio system experienced issues. Contrary to the OCPO report, the use of cellular phones as a primary means of communication was never a common practice.\u2028\u201d<\/p>\n

LaCicero also said the department\u2019s e-mail server functions properly and never needed an update, and still operates as it always has. Meanwhile, the OCPO report lodged criticism about the department\u2019s use of the dispatching software, saying the department was not used to \u201cflag\u201d locations or individuals in the system.<\/p>\n

\u201cDuring the Covid-19 pandemic, hundreds of flags were input into the system to identify persons and places who tested positive for COVID-19 for the protection of the officers and other emergency personnel,\u201d LaCicero said, disputing the allegation.<\/p>\n

LaCicero also said he personally worked to update the department\u2019s forms, many of which were not updated because there was no opportunity to do so after Grant retired.<\/p>\n

Daily Operations<\/strong><\/p>\n

The OCPO report indicates that the county\u2019s contingent of officers in command of the department updated \u201cFit for Duty\u201d evaluations to include psychological evaluations, however while not specifically codified, the department had utilized such examinations for years. Psychological evaluations did not become a state requirement until 2023, \u201chowever the department has long recognized the importance of this screening process,\u201d LaCicero said.<\/p>\n

OCPO also suggested a two-car minimum on patrol during the daytime in the off-season, however LaCicero said in 2014, Grant asked the borough council to allow a one-car minimum during certain hours. This policy will not change under the new chief, who said it is consistent with the staffing levels of other small police departments in Ocean County and was approved by the borough council via ordinance.<\/p>\n

Meanwhile, radar units have returned to some of Lavallette\u2019s police vehicles after being removed under Grant\u2019s tenure as chief.<\/p>\n

\u201cChief Grant had discontinued the use of RADAR units as the equipment upkeep and training costs did not justify any anticipated court revenue,\u201d the response said.<\/p>\n

LaCicero also said that while the OCPO report suggested officers\u2019 pepper spray may have been flammable, the manufacturer disputed those claims and the words \u201cnot flammable\u201d were physically printed on the labels.<\/p>\n

Of concern to at least one borough council member was OCPO\u2019s suggestion for long gun racks to be placed in the cabin of police vehicles.<\/p>\n

\u201cWe objected to having them ride around Lavallette with shotguns attached where these mounts go,\u201d said Councilwoman Joanne Filippone. \u201cChief LaCicero came up with an alternative to put them in a properly-secured case in the trunk. I asked if they knew what kind of community Lavallette was. We have a lot of elderly in our community and I\u2019m not sure if they want to see our police riding around with shotguns.\u201d<\/p>\n

LaCicero, for his part, also disputed the OCPO report\u2019s suggestion that county officials trained and mentored him after being appointed chief.<\/p>\n

\u201cThere is no official training for the \u2018Chief of Police\u2019 position,\u201d he said, explaining that he did attend a session led by the New Jersey State Association of Chiefs of Police intended for newly-appointed chiefs. \u201cThere were about 100 of us in the room, and they covered topics that a new chief may face. In no part did [OCPO] have any coordination of that training. The borough paid for it and I attended it on my own.\u201d<\/p>\n

Filippone also labeled as \u201cabsurd\u201d an allegation that there were issues in the department\u2019s evidence locker room.<\/p>\n

\u201cThe evidence room was audited by OCPO evidence personnel,\u201d the response said. \u201cAll evidence was accounted for during the audit. OCPO and the borough administration disagreed on the manner in which currency would be turned over to the Borough. The currency in question is largely items turned into the \u2018Lost and Found\u2019 and is placed into evidence for safe keeping, and is less than $500 in total.\u201d<\/p>\n

Filippone said the entire matter was brought up over about $25 that had been sitting in the \u201clost and found\u201d area, which the prosecutor\u2019s office insisted should be placed into its own bank account.<\/p>\n

\u201cIf you have an account with less than $500, you\u2019re charged bank fees,\u201d she said, presuming the fees would eat away the small amount of cash. \u201cIt was absurd. The money sat. It\u2019s currently being transferred where we wanted \u2013 and that kind of nitpicking stuff was ridiculous. They always had to be right, the borough always had to be wrong.\u201d<\/p>\n

What Remains?<\/strong><\/p>\n

\u201cIt seemed like they left on short notice,\u201d LaCicero said, describing the exit of county personnel. Papers, including psychological evaluations, were left on a desk and trash was left in a bin. The chief\u2019s office, to which he had no access, was left in \u201cdisarray,\u201d he added.<\/p>\n

The county said some deficiencies remained in the department after their exit, including a \u201clack of command staff,\u201d no full-time detective, and officers not being equipped with Tasers.<\/p>\n

\u201cJust last year, the department had, at one time, four out of eleven officers out of work on various types of leave,\u201d the response said, with regard to adding additional supervisors. \u201cToday, the department is still short two officers, nearly 20 percent of the workforce. Until the department returns to full staffing, it is not prudent to add any additions to the rank structure, especially at the top of the department.\u201d<\/p>\n

The response also noted that \u201cthere are not enough investigations\u201d to warrant the hiring of a full-time detective.<\/p>\n

The county agency also strongly suggested the borough achieve accreditation by the New Jersey State Association of Chiefs of Police, an administrative and training audit process that some departments undertake in order to limit liability and save on insurance premiums. Accreditation through the private organization, however, is not required under state law, and Lavallette officials said the accreditation process would cost the borough money rather than save money, and the county does not provide resources to cover those costs.<\/p>\n

LaCicero, Filippone, and Borough Administrator John O. Bennett met with representatives from Lexipol, the accreditation consultant, regarding the accreditation process, and then evaluated its necessity.<\/p>\n

\u201cWe sat for their presentation, and it\u2019s something that could be beneficial in the long run,\u201d said LaCicero. \u201cThe cost was the factor. We\u2019d lose $40,000 to start and $8,000 or $9,000 to maintain [accreditation] per year. The [insurance] discount was $5,000 per year.\u201d<\/p>\n

LaCicero, since taking command of the department, has begun updating standard operating procedures, conducting his own audit of training files, and has appointed Sgt. Mike Monica as the new internal affairs officer. Monica will undergo specific training for the position.<\/p>\n

\u201cChief LaCicero has made several changes to department operations already, including returning to a one car minimum, which will maximize the efficiency of the department.,\u201d the response concluded. \u201cIn addition to these issues, Chief LaCicero is also continuing an update of the department Standard Operating Procedures. Many SOPs have been identified in need of updating and overhaul to ensure the department is operating in accordance with current best practices.\u2028\u201d<\/p>\n

The OCPO report, and the full response, are both embedded below:<\/strong><\/p>\n

OCPO Report:<\/strong><\/em><\/p>\n