Jan/Feb 2014 NJ Blue NOW by NJ Blue NOW

NJ LUENOW Volume 5~ Issue 1

January/February 2014

New Jersey’s Independent Voice of Law Enforcement

www.NJbluenow.com This issue can be viewed online at: www.njblueNow.com

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in remembrance

feature story

Sergeant George William “Bill” Metzler

c saf i l e b

Edison Police Department Wiretapping its own officers?

nited

“The Future of Solid Unity”

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contents

Editor-in-Chief Daniel Del Valle

Publisher Envisage Productions Managing Editor Donna Roman-Hernandez Design Editor Dari Izhaky

Copy Editor Kelly-Ann Higgins Advertising Director John Welsh 201-881-5100 Chief Product officer John Welsh writers Brad Schenerman Matthew A. Peluso, Esq. Capt. Michael C. Corcoran, Jr. Esquire Officer Eddie Molina Capt. Donna Roman Hernandez (ret.) James Mets, Esq. Officer Fasil Khan Officer Jay Martinez Lt. Joseph Pangaro (ret.) Bobby Picioccio Bryan D. Cox Brianna A. Jimenez Dan Lorenzo photographers Brianna A. Jimenez Willis Hulings WEBSITE/SUBSCRIPTIONS www.njbluenow.com

46 Editor’s point of view

preparation

The Art of Maneuver 32

Daniel Del Valle

legal

Training

10 If You Are Injured on the Job

34 Ethics: the Good, the Bad,

Both Direct and Circumstantial 12

Social Media

You Must Follow These Simple Steps

Evidence of Discrimination are Sufficient to Establish Liability Against an Employer

14 L oitering Does Not Equal Trespass

Leadership

EMAIL NJBlueNow@gmail.com

16 L aw Enforcement Supervisory

ADVERTISING 201-881-5100

COver story

OFFICE 279 Belmont Avenue Haledon, NJ 07508 973-653-3446 The opinions and information provided in this magazine are the sole opinions of the editor and contributors and not their employers. NJBlueNow is published 9 times a year. ©Copyright 2011 NJ BLUE NOW, LLC. All rights reserved. While every reasonable effort has been made to ensure that the information is accurate as of publication date, NJ BLUE NOW, LLC and its employees, agents, clients and distributors shall not be liable for any damages arising from the use of or reliance on the information contained in this publication or from omissions to this publication. The www.NJBlueNow.com website is powered by ENVISAGE PRODUCTIONS, LLC. Layout & design by Dari Izhaky email: dzeek@optonline.net God Bless Our Troops!

NJ Blue now | January/February 2014

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101: Mastering the Basics

18 P ublic Safety United

The Future of Solid Unity

feature story

Edison Police Department 28

Wiretapping its Own Officers?

Married to the force

30 Understanding Support:

and the Ugly

38 L.E.O. “In Unity

There is Strength”

news release

40 I CE Removes Criminal

Alien Wanted for Human Trafficking in Romania

events

42 NJ Honor Legion 44 Hudson County Corrections PBA 109 Feed the Hungry

remembrance

46 Sergeant George

William “Bill” Metzler

entertainment

48 Bianca Lawson

Best Ways to Support Our Significant Officer

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omposing my monthly editorials for NJ Blue Now magazine has always been the hardest thing to do. I have so many things I want to express. With that being said, right away our New Jersey Governor Chris Christie comes to mind. Some of you may think I should take this opportunity to bash him and express happiness that he is going through some rough times, both politically and personally. To the contrary, I wish our Governor the best during these times, however, at the same time, I feel confident that a thorough investigation will conclude whether or not he was directly involved with “Bridgegate.” Either way, we will move on with or without him. The bigger issue I see that relates to us directly, even though some might disagree with me, is the unprofessional verbal Facebook social media bashing some in our profession are using towards our politicians. By no means am I speaking about those of us who criticize politicians on facts and personal opinions on matters that relate to them and their decisions. I do disagree, however, with the attacks on politicians’ physical attributes and those upon their families. I am pinpointing the pictures and verbal remarks that are only being used to make fun of politicians rather than fixing the problems. Worse than this, I have observed leaders in our profession actually start, follow, or let their followers bash our politicians in a manner that is deliberately disrespectful and unprofessional. Yes, I said ‘unprofessional.’ To make matters worse, usually this unprofessionalism is occurring in public forums and places for everyone to view and read. Why do I disagree with this? As law enforcement officers, we are all held to a higher standard, are on the job 24/7, and are representatives of our departments and agencies. We represent order and respect for others at all times regardless whether we agree with them or not. Once again, speaking your mind against a political figure is not what I am talking about here. I am talking about bashing tactics that, if used towards us, we would look at those people as childish, thugs and bullies. As the Editor in Chief of this publication, I mention this because it’s the right thing to do. It’s my duty to speak and allow others to speak the truth; no beating around the bush, no filtering or bias tactics, or hidden agenda towards our readers. I ask you to consider my observation and opinion on this matter--from there you decide what is right or wrong for you or us as a whole. At the end of the day, what do we gain by unprofessionally bashing politicians who make policies and govern our state? If someone disrespected you professionally and made fun of your physical appearance, would you give him or her the utmost courtesy if his or her fate depended on your decision? As the manager of this publication, I tell everyone who has shown me different angles, some good and unfortunately some bad in our profession, about the good many of you do every day for others, such as charities and risking your lives for a stranger in need, just to name a few. When I meet these officers and hear their experiences first hand, it is an amazing feeling to know that real heroes walk in uniforms every day. I also speak with the officers who hate going to work every day, not because they hate what they do, but only because they hate being subjected to harassment, politics, and unfair conditions. This is just as amazing, but in a negative way, to know that our very own hurt each other at times, and for what?--to receive better positions or feel powerful in some way? Also, individuals and/or organizations that claim to be prolaw enforcement have exposed me to this rivalry and indirect attacks towards this publication. (continued page 8) 6

NJ Blue now | January/February 2014

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editor’s POINt of VIEW Would sincere pro law enforcement individuals speak badly about another publication to a business in order to increase their media product advertisement sales? Unfortunately, this hypocrisy and ill intent towards each other exists at times, which makes us look bad in the public eye. On behalf of all my staff that represents NJ BLUE NOW, we never have and will never speak badly about any law enforcement union, organization, and/or media outlet in order to gain anything, including advertisers. We are more than just a profession; we are a family. Therefore, money or personal gain should never come between that. I am honored and excited to introduce a new organization, Public Safety United, which is this issue’s cover story; an organization that will help further unite all of us in law enforcement and in public safety. We all know how important it is to be united and including firefighters, EMT’s and first responders together in an organization really gives all of us an advantage. I believe we should always support each other regardless of what organization, union, or department you work for and PUBLIC SAFETY UNITED represents just that. I encourage all of you to consider joining this organization that will work with any organization, union, or individual in order to make our profession stronger, safer, and wiser on all levels. Always remember this: when an organization, union, and/or department loses touch with their members and becomes weak or not effective, it’s not the fault of those entities as a whole, but the individuals who lead them and/or the members who follow them. An organization must always have the right intent to help their members and our job is to follow through with that vision as a whole. Sometimes when leaders become complacent, or have positions for the wrong reasons, they begin to worry about what others are doing; have ill intent towards other organizations; and let some of their followers attack others they should be respecting not only because they belong to their organization, but because we are all BLUE. So stay alert, ask questions, support law enforcement, support all who help law enforcement and those who respect us. I am proud to be a union member, proud to belong to law enforcement and proud to know that I support all of my BLUE family. We should support other law enforcement publications and media outlets because it’s unprofessional to talk bad about them just to look better and sell more advertisements. I’m surprised there are still some individuals out there who use tactics like this to profit. Just remember what you represent before what you are trying to sell. We are all on the same team and if you’re the one who talks about other entities for personal gain, then you’re a poser. There is no room for posers or pseudo law enforcement supporters. We need unity and keeping it real with one another is a must. Till next time! Stay Healthy, Stay Strong, Stay Blue!

NJ LUENOW

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Magazine

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legal

If you are injured on the job you must follow these simple steps By Brad Schenerman

OBTAIN first aid or other necessary

medical treatment as soon as possible, especially if you need emergency care. You may go to the emergency room of a hospital without prior approval of your employer. For additional medical care, please request treatment from you employer to assure that the doctor or facility is authorized. If so, all the bills will be paid for you. The treating health care provider must be authorized by the Workers’ Compensation Board, except in an emergency situation. Also, if you are in need of diagnostic tests or prescription medicine, your employer or your workers’ compensation insurance carrier may require you to obtain your tests or your medicine from a diagnostic network or designated pharmacies or a network of pharmacies they have contracted with. The cost of necessary medical services is paid by your employer or your employer’s insurance carrier, if the case is not disputed. Health care providers may request that injured workers sign form A-9. This form is meant to provide notice to the injured worker that he or she may be responsible to pay the 10

medical bills if the Workers’ Compensation Board disallows the claim or the injured worker does not pursue the claim.

NOTIFY your supervisor about the injury

and the way in which it occurred as soon as possible. An injured employee who fails to inform his or her employer, in writing, within 30 days after the date of the accident causing the injury, may lose the right to workers’ compensation benefits. In the case of occupational disease, notification should be given within two years after disablement, or within two years after the claimant knew or should have known that the disease was work-related, whichever is later.

COMPLETE a claim for workers’ compensation on Form C-3 and mail it to the nearest office of the Workers’ Compensation Board, if there is lost-time. If a claim is not filed within two years from the date of the injury or disablement from an occupational disease, (or after disablement and after you knew, or should have known that the disease was work-related), you may

NJ Blue now | January/February 2014

lose your right to benefits.

THEREAFTER. Follow doctor’s instructions to speed a full recovery. Attend an Independent Medical Examination if you are required to do so. Go back to work as soon as you are able. Seek out a Professional experienced lawyer who can help you.

ENTITLEMENT. You are entitled to have all your authorized medical treatment paid for by your employer/insurance company. You are entitled, under certain circumstances, to temporary disability benefits. After you finish treatment and your permanent loss of function can be assessed, you can get a permanency award, which is money paid to you for your Worker’s Compensation claim. This is not a lawsuit against your employer. IF YOU HAVE ANY QUESTIONS, please feel free to contact my office. 1-888-394-BRAD

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legal BOTH DIRECT AND CIRCUMSTANTIAL EVIDENCE OF DISCRIMINATION

ARE SUFFICIENT TO ESTABLISH LIABILITY AGAINST AN EMPLOYER By Matthew A. Peluso, Esq.

“Some circumstantial evidence is very strong, as when you find a trout in the milk.” ~Henry David Thoreau

ll law enforcement officers know the difference between direct and circumstantial evidence in the context of criminal law. These two types of evidence follow similar patterns in civil law as well. Yet, many law enforcement officers wrongfully believe that only direct evidence of discrimination is sufficient to bring a wrongful discharge or failure to promote case against their employer. However, as Thoreau recognized, circumstantial evidence is often just a strong as direct evidence, and is alone sufficient to prove employment discrimination under controlling New Jersey law. The essential purpose of New Jersey’s Law Against Discrimination, N.J.S.A. 10:51, et seq. (the “LAD”) is the “eradication of the cancer of discrimination.” Fuchilla v. Layman, 109 N.J. 319, 334 (1988) (quoting Jackson v. Concord Co., 54 N.J. 113, 124 (1969). The LAD is intended to prohibit discrimination in all aspects of the employment relationship, including terminations and forced retirements. Alexander v. Seton Hall University, 204 N.J. 219 (2010). Accordingly, courts in this State must broadly and liberally interpret the LAD in accordance with that overarching purpose. N.J.S.A. 10-5-3; Anderson v. Exxon Co., U.S.A., 89 N.J. 483, 495 (1982). The determination of whether a plaintiff has established a prima facie case of discrimination is a question of law solely within the discretion of the trial judge. A prima facie case means “any evidence including any favorable inference to be drawn therefrom which could sustain a 12

judgment in plaintiff ’s favor.” R. 4:37-2(b), Comment 2. The evidentiary burden at the initial stage of a case brought under the LAD is “rather modest: it is to demonstrate to the court that plaintiff ’s factual scenario is compatible with discriminatory intenti.e., that discrimination could be a reason for the employer’s action.” Zive v. Stanley Roberts, Inc., 182 N.J. 436, 447-48 (2005) (describing burden of establishing a prima facie case as “not onerous”); (describing prima facie case as “relatively simple”); (describing prima facie case as “easily made out”) (writing “the standard for presenting a [p]rima facie case cannot be too great lest rampant discrimination go unchecked.”) The “consistent reaffirmance of the plaintiff ’s slight evidentiary burden acknowledges that requiring greater proof would generally prevent a plaintiff from accessing the tools, i.e., evidence of the employer’s motivation, necessary to even begin to assemble a case. Such a result would not be consistent with “the complex evidentiary edifice constructed by the Supreme Court, and [would] impose on plaintiff the very burden that McDonnell Douglas sought to avoid-that of uncovering a smoking gun.” Zive, supra. Direct Evidence of Discrimination. To establish a prima facie case of “direct” discrimination under the LAD, a plaintiff only needs to prove that he or she: (1) Was a member of a protected class (such as race, ethnicity, disability, gender, age or sexual preference);

NJ Blue now | January/February 2014

(2) Was qualified for the job they performed; and (3) Despite being qualified, suffered an adverse employment action (such as being terminated, demoted, denied promotion or forced to retire), (4) In which their race, ethnicity, disability, gender, age, sexual preference, etc. was a contributing factor, thereby giving rise to an inference of discrimination. Arenas v. L’Oreal USA Products, Inc., 790 F.Supp.2d 730 (D.N.J. 2011). Thus, to establish a meritorious case under the LAD, claimants are not required to prove that their race, gender, age, etc. was the sole factor in their employer’s decision to terminate, demote or deny them promotion, etc. Rather, under the LAD, plaintiffs are only required to prove that their race, ethnicity, gender, age, sexual preference, etc. played a contributing role in the adverse employment decision, even in cases involving direct evidence of discrimination. Id. Circumstantial Evidence of Discrimination. In Zive, the New Jersey Supreme Court distinguished between the different standards applicable to “direct” discrimination cases, as opposed to “circumstantial” cases. Zive at 450. Discrimination cases, by their nature, usually rely on the credibility of the party who committed the adverse-employment act (e.g. termination, demotion, failure to promote, etc.) because their personal, To Advertise Call: 201.881.5100

and often hidden, motivation and intent were involved in their decision. Parker v. Dornbierer, 140 N.J.Super. 185, 189 (App. Div. 1976)(recognizing that discrimination is not usually practiced openly and intent must be found by examining what was done and said in circumstances of the entire transaction.) There are rarely “smokinggun” documents that materialize during discovery in discrimination cases. Zive, supra, at 446-47. “What makes an employer’s personnel action unlawful is the employer’s intent… Employment discrimination cases thus suffer from the difficulty that inheres in all state-of-mind cases-the difficulty of proving discriminatory intent through direct evidence, which is often unavailable… All courts have recognized that the question facing triers of fact in discrimination cases is both sensitive and difficult… There will seldom be eyewitness’ testimony as to the employer’s mental processes… To be sure, there are occasionally cases involving the proverbial smoking gun. However, our legal scheme against discrimination would be little more than a toothless tiger if the courts were to require such direct evidence of discrimination… Even an employer who knowingly discriminates on the basis of [protected status] may leave no written records revealing the forbidden motive and may communicate it orally to no one.” [Internal citations and quotations omitted.] Id. Further, sophisticated employers like state, county and local governments, who are often represented by either or both inhouse counsel and outside attorneys in connection with their personnel decisions, are usually savvy enough to keep blatantly derogatory and discriminatory remarks out of documents and e-mails when they decide to terminate or demote employees in violation of the LAD. Therefore, the New Jersey Supreme Court has held that discrimination under the LAD can be established through “circumstantial evidence ‘of conduct or statements by persons involved in the decisionmaking process that may be viewed as directly reflecting the alleged discriminatory attitude.” Fleming v. Corr. Healthcare Solutions, Inc., 164 N.J. 90, 101 (2000).

In a case of circumstantial discrimination, “[t]he appropriate fourth element of a plaintiff ’s prima facie case requires a showing that the challenged employment decision (i.e.,…wrongful discharge) took place under circumstances that give rise to an inference of unlawful discrimination.” Williams v. Pemberton Tp. Pub. Schs., 323 N.J.Super. 490, 502 (App. Div. 1999). This “formulation permits a plaintiff to satisfy the fourth element in a variety of ways.” Id., citing Chertkova v. Connecticut Gen. Life Ins. Co., 92 F.3d 81, 91 (2nd Cir. 1996) (“The circumstances that give rise to an inference of discriminatory motive include actions or remarks made by decisionmakers… that could be viewed as reflecting a discriminatory animus,…preferential treatment given to employees outside the protected class, and, in a corporate downsizing, the systematic transfer of a discharged employee’s duties to other employees…”) (internal citations omitted).

harassment against them in the same manner that they would investigate and develop such evidence in a criminal case.

Because of the specific nature of their duties, law enforcement officers know that direct evidence of intent or motive is often difficult to establish. Of course, it’s great when the perpetrator of a violent crime posts comments on a social media website about their hatred for their eventual, intended victim. Or, in the case of financial crime, when the perpetrator engages in e-mail exchanges with co-conspirators in which their fraud is discussed in detail. However, as law enforcement officers know very well, many criminal cases are not that straightforward and obvious.

Matthew A. Peluso, Esq. is an attorney based in Princeton. He has over 20 years of experience in numerous types of complex litigation, including criminal, employment, insurance and business law. Mr. Peluso has successfully represented police officers in employment and contract disputes involving wrongful termination, failure to promote, race, gender and age discrimination, hostile work environment and whistle-blower actions. Mr. Peluso is a graduate of the University of Miami School of Law and George Washington University. He can be reached at: 609-3062595. His e-mail address is: mpelusoesq@ live.com. His experience can be reviewed on Linkedin.com and on his firm website: http://mpelusoesq.webs.com. The opinions expressed by Mr. Peluso in his article are not intended to provide legal advice. Anyone interested should consult a qualified attorney prior to making any significant employment or legal decision.

Yet, all law enforcement officers also know how to look for and establish circumstantial evidence of intent or motive as part of their job duties. This is a significant occupational advantage that law enforcement officers have over other types of workers who lack this specific investigative training, and one which they should fully utilize in furtherance of their own protection against employment discrimination and a hostile work environment.

Thus, it is important for New Jersey law enforcement officers who believe that they have been wrongfully terminated, demoted or denied promotion in violation of the LAD to do for themselves what they do on a daily basis for members of the public. They should document, record and collect evidence of discrimination and/or harassment in a thorough and formal manner. In many cases, this can take several months, if not years, to fully collect and establish, much like a criminal “sting” operation that takes time to fully develop before it is ripe for action. However, as in such criminal investigations, this painstaking preparation will ultimately help a law enforcement officer to meet their burden of successfully proving discrimination in a civil action under the LAD.

As an attorney who represents law enforcement officers in wrongful termination, demotion and failure to promote cases under the LAD, I advise my clients to start the process of collecting and documenting evidence of both direct and circumstantial discrimination and NJ Blue now | January/February 2014

legal

Loitering

Does Not Equal Trespass By Captain Michael C. Corcoran, Jr. Esquire

ecently, in State v. David M. Gibson, (Issued January 7, 2014) the New Jersey Supreme Court held that there was insufficient evidence in the record to find that the officer had probable cause to arrest Gibson for defiant trespass; therefore, the subsequent search at the stationhouse was unconstitutional and the drug evidence seized during the search must be suppressed.

The Facts:

At about 3:20 a.m. a police officer observed, momentarily, defendant David Gibson leaning against an upraised porch on the Omega Community Center’s private property. In a window looking out onto the building’s porch, a posted sign read, “No Loitering.” According to the officer, the Community Center is located in a high-crime area and its president had requested that the police make checks due to incidents of criminal mischief. As the patrol car approached, Gibson moved on, walking a city block before being stopped and questioned by the officer. The officer asked Gibson for identification, where he was coming from, and whether he had permission to be on the Community Center’s property. Gibson gave his name and explained that he was coming from his child’s mother’s home, which is located two blocks north of the Community Center, and that he was waiting for a ride. According to the officer, Gibson appeared “very excited” and “somewhat evasive,” and that “he was looking around as though he was attempting to run.” The officer did not, however, elaborate on how Gibson was “evasive.” Based on his observations and interaction with Gibson, the officer concluded that Gibson had the intent to commit a defiant trespass, a petty disorderly persons offense, and arrested him. No weapons or contraband were found on Gibson’s person at that time.

A subsequent search of Gibson at the police station uncovered thirteen bags containing crack cocaine. Gibson was charged with various drug crimes and subsequently moved to suppress the drug evidence, claiming that the officer did not have probable cause to make the arrest and therefore, the search incident to arrest was invalid as well. He also contended that “a ‘No Loitering sign’ cannot adequately warn against trespass because ‘loitering’ and ‘trespassing’ denote different types of conduct.” Gibson pointed out that “‘loitering’ is commonly understood to mean presence in a place for a prolonged period of time, with no aim or purpose,” whereas a defiant trespass means an unprivileged entry onto another’s property where there is adequate notice against trespass. In this appeal, the New Jersey Supreme Court considered whether there was probable cause to arrest defendant for defiant trespass. Without probable cause to arrest, the warrantless search of defendant at the stationhouse could not stand.

Analysis:

Preliminarily, the Court began its analysis of the constitutional basis for Gibson’s arrest by examining the statutory requirements of defiant trespass. A person commits the petty disorderly persons offense of defiant trespass, if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by: (1) Actual communication to the actor; or (2) Posting in a manner prescribed by law or reasonably likely to come to the attention of intruders; or (3) Fencing or other enclosure manifestly designed to exclude intruders.

NJ Blue now | January/February 2014

[N.J.S.A. 2C:18-3(b).] This case deals only with the “enters” portion of the statute, which has no temporal (i.e. time based) requirement for a completed trespass. Provided sufficient notice is given against trespass, even a brief willful entry onto another’s property may constitute a violation of N.J.S.A. 2C:18-3(b). In contrast, under the “remains” portion of the statute, a person who is privileged or licensed to enter onto property may be prosecuted for defiant trespass if he refuses to leave after he is told to do so. There, the duration of the incursion -- how long he “remains” unwelcome on the property -- is a factor. See, e.g., State v. Slobin, 294 N.J. Super. 154, 156 (App. Div. 1996) The questions here are whether Gibson was given “notice against trespass” in a manner “reasonably likely to come to [his] attention” and in a form so that he knew that he was not “licensed or privileged” to set one foot on the curtilage of Omega’s property or to lean against its porch. N.J.S.A. 2C:18-3(b). In other words, did Gibson know -- or for that matter would any reasonable person have known -- that by leaning against the upraised porch, even momentarily, he would commit the offense of defiant trespass? That all depends on whether the “No Loitering” sign in the window overlooking the Community Center’s porch gave sufficient notice to make a reasonable person aware that even a slight and brief incursion on the property was a prosecutable offense. The Appellate Division expressed the opinion that “‘No Loitering’ is a message sufficient to convey the same meaning as ‘No Trespassing.’” Gibson, supra, 425 N.J. Super. at 529. At least in the circumstances of this case, the New Jersey Supreme Court could not agree with that proposition and proclaimed that “No Loitering” does not convey the same meaning as “No Trespassing.” To Advertise Call: 201.881.5100

As commonly understood, loitering suggests remaining or lingering in a location for some indefinite period for no apparent purpose. On the other hand, trespass--particularly as used in the defiant trespass statute--prohibits the mere entering in a place when one is not licensed or privileged to do so. Unlike loitering, the “enters” portion of the trespass statute has no temporal element. Based on these commonly accepted definitions, it is fair to say that the “No Loitering” sign in the porch window of the Omega Community Center communicated that a person should not be idly remaining or loafing on its property. The New Jersey Supreme Court, in its analysis, examined several definitions of the word loitering, as well the Title 2C provision which prohibits loitering to obtain or distribute CDS. According to the Court, all of these definitions and applications of loitering convey something more than a temporary or brief respite at a particular location. On the other hand, trespass -- particularly as used in the defiant trespass statute -- has a distinctly different meaning. N.J.S.A. 2C:18-3(b) prohibits the mere entering -not just idly remaining -- in a place, when one is not licensed or privileged to do so. Unlike loitering, the “enters” portion of the trespass statute has no temporal element. Therefore, the Court proclaimed that given the commonly accepted definitions of loitering, the “No Loitering” sign in the porch window of the Omega Community Center communicated nothing more than that a person should not be idly remaining or loafing on its property. Through the commonly understood meaning of loitering and the requirements of the defiant trespass statute, the Court needed to decide if the officer had probable cause to arrest Gibson.

Decision:

The Court concluded that while the officer had the right to ask questions of Gibson, that is to conduct a field inquiry, the lawfulness of the arrest in this case depended on whether the officer had probable cause to believe that Gibson had committed a defiant trespass on the property of the Omega Community Center. Viewed through the eyes of an objectively reasonable police officer, the Court could not find an objectively reasonable basis for Gibson’s arrest. According to the record, Gibson was seen leaning on the porch for no more than a few moments before he began walking. As soon as the officer saw Gibson, Gibson moved on, but did not take flight or dart between buildings. Although the officer claimed that Gibson was “evasive” and looked as though he might “run,” he gave no factual support for those subjective feelings. In addition, although the officer cited, as one basis for making the arrest, Gibson’s failure to give “lawful reasons” for leaning on the porch, Gibson explained why he was on the street at that hour. The notice on the Omega property did not suggest that leaning on the porch for a very brief period of time would subject Gibson to a defiant trespass prosecution. Gibson was instead warned against loitering, which has a distinctly different meaning than trespass. Momentarily leaning against a building, or an upraised porch, on a city block, would not be considered loitering to an objectively reasonable citizen. If Gibson was not loitering, then the officer could not have formed a well-grounded suspicion that Gibson was defiantly trespassing. Therefore, the Court held that the record does not support that the officer had probable cause to arrest Gibson for defiant trespass. Consequently, the police station search cannot stand because it was incident to

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an unconstitutional seizure and the drug evidence seized during the search must be suppressed. Disclaimer: This article is for educational purposes only and is not intended to provide legal advice or an opinion of the Township of West Orange and/or the West Orange Police Department. Anyone interested in a legal opinion should contact their Township Attorney or County Prosecutor’s Office Police Legal Advisor. Captain Michael C. Corcoran, Jr. Esq. is the President of CMR Law Enforcement Testing and Review, LLC, a company devoted to law enforcement promotional exam preparation in New Jersey. As a twenty-three year veteran of law enforcement, Captain Corcoran currently serves as the Commanding Officer of Police Operations and Police Legal Advisor for the West Orange Police Department. He is a Certified Eligible Law Enforcement Executive (C-ELEE) by the New Jersey State Association of Chiefs of Police. Captain Corcoran earned a Bachelor of Arts in Criminal Justice from John Jay College, a Juris Doctorate from New York Law School and is a graduate of the 227th Session of the prestigious F.B.I. National Academy. As an attorney, he maintains a practice of law devoting his efforts exclusively toward police training and risk management. Captain Corcoran serves as an Adjunct Professor of Criminal Procedure at Kean University and is also certified as a police academy instructor by the New Jersey Police Training Commission. For further information, feel free to visit www.cmrlawenforcement.com or e-mail mike@cmrlawenforcement.com.

njbluenow@gmail.com NJ Blue now | January/February 2014

leadership

Law Enforcement Supervisory 101: Mastering the Basics By Eddie Molina

If you intend on rising through the ranks of law enforcement or have recently been promoted, there are things that you can do to give yourself the best possibility of being an effective supervisor and leader. If your department follows the civil service promotion system, you know that it’s flawed, but fair. It allows for individuals with little or no supervisory experience to get promoted and can prevent highly qualified individuals from being promoted because they cannot take tests very well. That being said, when a young person gets promoted it is quite possible that they lack supervisory experience and are forced to learn as they go, at the expense of the officers.

“When it comes to new supervisors, one thing is absolutely true; everyone is watching every step they take and every move they make.” If you fall into this category, I’m here to help you get started off on the right step. If you have been a supervisor for a while, you’ll be able to relate to the law enforcement supervisor dynamic. I can help put your experiences into a perspective that allows you to train your young supervisors by helping you articulate why they have to do certain things. And, if you are a patrolman, corrections officer, sheriff ’s office, etc., and you have no interest in pursuing promotions, this article will help you better tolerate inexperienced supervisors, or even perhaps sway you into taking the promotional exam in the future.

IF YOU ARE A NEW SUPERVISOR OR INTEND ON BECOMING A SUPERVISOR 16

There are things you, as the supervisor, can do early on that will help you become an effective leader as quickly, efficiently and painlessly as possible. Remember, as a supervisor, you want to earn the respect of your officers so that you can depend on them and vice versa. This is a crucial factor in times of emergencies, which we all know is part of our business. You want your officers to be able to trust your decision making, as well as trusting the information your officers are giving you. This all starts with becoming an effective supervisor and leader. The simplest yet most underrated thing you can do early in your supervisory career is to master the officer basics. This includes: •B eing on time. I mean comfortably early—not running through the doorway at 8:59 a.m. •D ressing to standard. Not wearing old, worn uniforms that look like they were balled up in your pocket, but clean, neat and pressed uniforms properly labeled. • Controlling your body language. Not slouching in your chair, putting your feet up or picking your nose, but looking confident and ready to work. • Using clean, proper English. Avoid slang, street terms or otherwise sloppy speech. There is no such thing as being too professional. • Treat people with dignity and respect. Regardless of their position or reputation, treating others with dignity and respect is the first step to getting them to work the way you want them to. These are very simple things anyone can do. I’m quite sure you can think of an officer or even a supervisor that doesn’t do any one or more of these things. What is your opinion of that person? Remember, you can be the greatest, most

NJ Blue now | January/February 2014

“…people, by nature, are creatures of habit and a new supervisor represents change.” competent person that has all the potential in the world, but if you cannot come in on time your first week of work, everyone will start off thinking poorly of you until you prove yourself otherwise. Why give yourself this handicap? When it comes to a new supervisor, one thing is absolutely true; everyone is watching every step you take and every move you make. They are all watching you whether you like it or not, and whether you are prepared, just waiting for you to screw up so they can have something to judge you on. An easy way to screw up early is to be late, look sloppy, or sound like you just did a ten year stint in prison. You may be asking yourself, “Why do people closely monitor new supervisors?” Because people, by nature, are creatures of habit and a new supervisor represents change. People immediately want to know what you are about, what your intentions are and if you will make their life more difficult. It is widely understood that we, as people, are creatures of habit. It helps us get through our everyday lives. Our brains are wired to create habits that allow us to focus less on tedious everyday errands and more on unexpected events. Think about what habits you have every day when you get up in the morning. Brush your teeth, shower, put clothes on, eat breakfast, etc. You likely do all those things without even thinking about it and I’m quite sure you have the same routine every morning. This keeps our mind relaxed instead of spending To Advertise Call: 201.881.5100

valuable time and energy every morning figuring out what to do when you wake up. Here’s an example. Have you ever driven somewhere typical, like work or school, and some point along the trip you realize you were day-dreaming so hard you didn’t even notice that you were almost at your destination? Driving is dangerous if not done properly, but you’re so used to that route, around that time of day, you can almost do it blindfolded. That’s because your mind doesn’t need to focus so much energy or effort in driving somewhere you go to every day. Now think about driving somewhere for the first time. You may turn off the radio, sit a bit closer to the steering wheel and focus on every little detail around you that may help you find your destination. That’s because your brain is working harder than usual because it’s NOT routine. And if you can’t find it, you get frustrated because of the time and extra work your mind puts in looking. Your mind is thinking, “What a waste, I turned on all my mental features and we’re still lost!” The same happens to officers when a new supervisor walks in from another precinct or department from where no one knows him. The new supervisor represents change which means officers may have to break their habits and create new ones even if it’s for their own benefit. The exhausting thought of having to change things equals stress, work and energy. People are wired to conserve energy whenever possible in case of an emergency, like if we have to run away from a dinosaur. That being said, officers may want you to fail so that things can go back to the way they were so that old habits can stick around; it’s easier that way. I’ve seen television shows like Bar Rescue or Kitchen Nightmares where the business is failing horribly, yet the owners seem reluctant to change, even with the direction of a successful expert. So don’t be surprised when officers show resistance to you. That’s why it’s so important to master the basics so that they don’t have reasons to hold a negative perception of you for something so simple and avoidable. Your job is going to be difficult enough as a new supervisor. Your immediate goal should be to handle the simple stuff that is under your direct control so you can

focus on more important things. Once you screw something up, and you will, your just creating a higher hill to climb that will take time and effort to recover from. The steeper the hill, the longer it’ll take. Upper management expects a learning curve, but you must understand that doesn’t go on forever. So eliminate the simple issues, i.e., being late, so you can focus on the more difficult things, like finding out which officers are productive, which are toxic to your department or who needs additional training. Remember, it’s not you; it’s human nature. What you do afterward will determine what happens next. Writer Eddie Molina is an officer with the NJ Department of Corrections and an officer with the NJ Army National Guard. He specializes in Organizational Leadership and blogs about it at www.Leadlikeahero.com

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Dear NJ Blue Now Readers, Public Safety United was established by active and retired public safety officers to fill the void that has been created between public safety, government leaders and the citizens they serve. Our organization was created specifically to serve public safety by improving its bond with the community and the citizens they serve. This organization will strive to improve the relationships and to share ideas between government leaders and its membership. We will unify all public safety and provide a clear, concise and united voice for its members. Our organization will work with other organizations not only in New Jersey, but throughout the United States, to advocate for and further the vision of all public safety officers. The executive board and membership of Public Safety United is comprised of law enforcement officers, firefighters (professional and volunteer), EMTs/paramedics and business owners. Many of our board members are well-respected current and former union leaders. Some have achieved the rank of Sergeant, Lieutenant, Captain and Chief. Others are elected officials including Councilmen, Mayors and Assemblymen. The personal friendships that our members already have with elected leaders in all levels of government is second to none. Our organization believes we must use the resources and contacts of all of our membership if we want to truly educate the people who are going to make the final decision on our futures. The first step in educating elected officials is being able to actually sit down and have meetings with those officials, and through our diverse membership and our personal friendships, we will have those opportunities. Public Safety United has established a PAC Fund to help promote and finance the campaigns of candidates who support public safety and the issues we believe in. We will encourage, through the establishment of a voter database, all of our members, their families and friends, to engage in the electoral process in all local, county, state and federal elections. Our organization will not just endorse a candidate; we will have our membership actively work for the candidate’s campaign to truly help that respective candidate get elected. Public Safety United has an advisory board comprised of very successful business owners, such as doctors, lawyers, accountants and financial planners, etc. We will make available to our members many programs, benefits and discounts that may improve their overall quality of life. As our membership grows, our voice will become louder and our benefits will become greater. Our organization believes that there is strength in numbers and the way that our organization was created, it allows for an infinite number of members through our professional and associate memberships. Please visit our website at www.PublicSafetyUnited.com and remember this: No one can fight for your future better than you can. Join Public Safety United today and have your voice be heard.

John G. Sierchio President

Keith Hahn Vice President

Public safety United

“The Future of Solid Unity” 18

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Why should you join Public Safety United?

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One lucky dues paying member of Public Safety United will be given a motor vehicle at its December 2014 Christmas party.

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t now January/February 2014 (Vehicle value not to exceed $25,000. Taxes, registration and fees to NJ be Blue paid by the |winner)

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EXECUTIVE BOARD

John G. Sierchio President

Daniel Del Valle Treasurer

Keith Hahn Vice President

James H. Contreras Recording Secretary

Jerry DeCicco 1st Vice President

Steven Olimpio Trustee

John Campbell 2nd Vice President

Robert Simpson Trustee

Anthony Williams 3rd Vice President

Donna Roman Hernandez Trustee

Michael O’Halloran Trustee

Chris Andrews

Joseph Bagonis

Dr. Dave Barrett

Bob Brown

Robert Chew

Phil Cibiniak

David Daniello

Debra Daniello

Jim Deanngelis

Fred DeMaise

Kevin Faller

Anthony Gaetano

Brian Gillespie

Dan Gorman

Ron King

Paul K. Lagana

Joseph Luistro

John Nichols

Paul Nigro

Sean O’Conner

Joe Pagano

Bruce Polkowitz

Michael Palardy

Mark Razolli

Donald Reddin

Bob Rice

John Reichart

Dennis J. Connelly Christopher Dale

Valerie Ann Velazquez

John Welsh

Cover story

PUBLIC SAFETY UNITED The Future of Solid Unity By Captain Donna Roman Hernandez (ret.)

“If we are strong, our strength will speak for itself”… John F. Kennedy

etective Sergeant John Sierchio is a crusader for police and firefighter disability pension reform in New Jersey, exposing the ‘fakers’ who abuse and fraudulently apply for their retirement pensions. Sierchio is a 27-year law enforcement officer with the Bloomfield Police Department and is serving in his third elected term as a member of the Police and Firemen’s Retirement Systems Board of Trustees. While serving as the Chairman of the Board of Trustees, Sierchio was featured in a 2011 Star-Ledger news series profiling him as a person who ‘makes New Jersey special.’ Sierchio is the President of Public Safety United (PSU), a newly established organization formed in February of 2013 as a non-profit 501(c)(4) organization, created to serve fellow members of public service, in all sectors of law enforcement, firefighting, and EMTs/paramedics, by improving its bond with the community and the citizens they serve. Public Safety United has an impressive, experienced Executive Board and Regional Vice Presidents comprised of wellrespected active and retired public safety professionals, including an Advisory Board. Sierchio feels there is a misperception that Pubic Safety United is in competition with the different police and fire unions. He said, “The goal of Public Safety United is to be inclusive, not exclusive. We are not in competition with the unions. To the contrary, we want to unify all public safety regardless of their union affiliations. We want to help them get their message out in more venues as one unit collectively under one umbrella. This organization was formulated by like-minded law enforcement officers, including Dan Del Valle, Jerry DeCicco, Robert Simpson, John Campbell, James Contreras and Steven Olimpio. Public Safety United has

members in 7 states and we want to take it national. There are plenty of states where representation is not allowed, and officers want to be part of a network, one that we can provide, and can bring it to a national level through “social media.”

What PubLic Safety United Does

Public Safety United was established by active and retired public safety officers to fill the void that has been created between public safety, government leaders and the citizens they serve. Their mission is to: •U nify all public safety and provide a clear, concise and united voice for its membership. •W ork with other organizations in the State of New Jersey and throughout the United States of America to further the vision of all public safety officers. • S trive to improve the relationship and to share ideas between government leaders and its membership. • Th rough the establishment of a voter database, encourage all of its members and their families to engage in the electoral process in all local, county, state and federal elections. •B e a lobbying organization for all retired public safety officers in the State of New Jersey and throughout the United States of America to make its voice heard. •F orm a Political Action Committee and Fund to help promote and finance the campaigns of candidates who support public safety and the issues. •E stablish a fund to help provide assistance to the families of pubic safety officers who are seriously injured or killed in the line of duty.

• Allow their members’ voices to be heard, because no one can negotiate their future better than they can. • Has partnered with Envisage Productions, the publisher of NJBlueNow, JerseyFirefightersNow, NJEducationNow, NYBlueNow, NYFirefightersNow and CTBlueNow magazines to help further its mission and to achieve the goals set by its membership.

Public Safety United Benefits

Public Safety United, through its sponsors, will also make available to its members many programs, benefits and discounts that may improve their overall quality of life.

Lobbying Organization for Retirees

Public Safety United, through its Legislative Committee, will actively lobby our elected officials on behalf of our retirees on the issues most important to public safety, such as C.O.L.A and the retention of benefits.

Political Action Committee

Public Safety United through its PAC, will recruit, promote and finance the campaigns of candidates who support public safety.

Semi-Annual Firearms Qualifications for Retired Officers and Security Officers

Public Safety United members will receive a 25% discount on all State and Federal mandated firearms qualifications provided by our sponsor, Gun for Hire. This discount is exclusive to our members.

S.O.R.A. Certification and Re-Certification Courses

Public Safety United members will receive a 25% discount on S.O.R.A. Certification or Re-Certification classes that are provided by our sponsor, Gun for Hire. This discount is exclusive to our members.

NJ Blue now | January/February 2014

Cover story EMT/Paramedic Certification and Re-Certification Classes

Public Safety United members conducted a toy drive for the children of a battered women’s shelter and are pictured with the owner of Gearhart Chevrolet.

Public Safety United members will receive a 25% discount on EMT/Paramedic Certification or Re-Certification classes that are provided by our sponsor, Gun for Hire. This discount is exclusive to our members.

Legal Protection for Members who Carry Firearms under H.R.218

Public Safety United, will be offering exclusively to its active and retired law enforcement members, H.R. 218 criminal defense coverage. Public Safety United will also be offering criminal defense coverage to any of its members who legally own a firearm.

Physician’s Association

Public Safety United will establish a Physician’s Association and encourage its members to utilize the services of its physicians.

Legal Services Network

Financial Assistance

Public Safety United members will receive discounted legal services provided by its sponsors for services such as real estate transactions, wills, matrimonial, disabilities, workmen’s compensation, etc.

Public Safety United will financially assist families of public safety officers who are seriously injured or killed in the line of duty and will also support other charities and organizations who share the same beliefs and values of our membership.

Financial Planning/Accounting

Educational Seminars

Public Safety United members will receive discounted financial services provided by its sponsors for services such as financial planning and tax preparation.

Home and Auto Insurance

Home and Auto insurance policies will be made available at discounted rates exclusively to members of Public Safety United.

Discount Dental and Vision Program

A Discount Dental and Vision plan will be made available exclusively to members of Public Safety United.

College Scholarships

Public Safety United will establish a college scholarship program and provide scholarships to the children of its members.

Annual Health Fairs

Public Safety United will sponsor annual health fairs which will promote its physicians and increase the public’s knowledge of health services. 22

Public Safety United will sponsor seminars that will educate the public in critical issues such as cyber bullying, domestic violence, battered women’s awareness, sexual assault awareness and victims’ rights. On November 21, 2013 Public Safety United sponsored their first community event in conjunction with Gearhart Chevrolet in Denville, New Jersey, by providing toys to the children of a battered women’s shelter in Morris County.

Join Public Service United

Several Executive Board members shared their reasons for joining Public Safety United: Keith Hahn Vice President There never was a reason for retirees to worry about the benefits they accrued during their retirement. We took it for granted that we would receive those benefits when we retired; now since Chapter 78 was enacted, we’re not so sure what the future holds.

NJ Blue now | January/February 2014

Public Safety United will provide a platform for each individual active and retired member to have their voices heard. We believe all retirees earned and deserve the benefits they had upon retirement. We also believe that after a 25 or 30 year career active officers should not be burdened with the unknown expense of healthcare into retirement. We will actively engage with elected officials on both the state and local levels to help educate them of the issues related to public safety and work with the different labor organizations when supporting candidates with our Public Safety United Political Action Committee. We are fortunate to have a 2,700 sq. ft. office located at 554 Bloomfield Avenue, Suite 201 in Bloomfield, New Jersey, where we can meet business and legislative executives, lending credibility to the effectiveness and longevity of our organization. Our executive board consists of elected officials including mayor, council and board of education members, past and current PBA presidents and delegates, from both active duty and retired officers. We will utilize those many years of experience and knowledge to champion all public safety professions. Bruce A. Polkowitz Regional Vice President I joined PSU for a few reasons. As with any profession, the more people united for a common goal, the more likely that long term goal has of success. Our goal is quite To Advertise Call: 201.881.5100

simple and that is to enhance all public safety officers’ working environments, protect our interests when retired, and involve our communities and elected officials to achieve this goal. I truly do understand the importance of working with government. As past President of the Edison Board of Education in Edison and the current Mayor in Franklin Township of Hunterdon County, I hope to have the opportunity to reach out to other elected officials to advocate on behalf of all of our members in PSU with the goal to improve relationships and ensure these elected officials share and understand our beliefs and concerns regardless of what profession we chose as public safety officers, to include law enforcement, firefighters, corrections officers, and EMTs/paramedics. Another reason I joined PSU is the sheer talent and broad expertise that exists in our membership. As the founder and creator of what is now the current PBA Legal Protection Plan, I hope to be able to use my knowledge in this area so ALL members of PSU can have this type of legal protection whether you are currently working or retired. As one example, I believe there is a strong need for those retired law enforcement officers who carry weapons to be protected with a strong legal plan. I am honored to be among such fine men and women who have served in some form of public safety where each and every one of them has a proven track record of being leaders with too many accomplishments to list. A brief overview shows that many members have held a variety of leadership positions at the State or local level within the PBA. The resources of our Executive Board and Regional Vice-Presidents will allow us to pool our knowledge and experience for the sole purpose of enhancing all PSU members. James H. Contreras Recording Secretary I find Public Safety United’s mission to be one of continued service to our brothers and sisters in the public sector and the community in which they serve and live. This unique organization will assist, serve, and lobby on behalf of retired law enforcement and the honorable members who serve in fire and EMS/paramedic communities as well. I am thrilled to be a member and to serve on the Executive Board of Public Safety United.

Dennis J. Connelly Regional Vice President In 2003, I was elected to the NJ PFRS Pension Board. While serving on that Board, I had the pleasure of working with John Sierchio. We developed a mutual respect and friendship for each other while serving and with our association in the New Jersey State PBA. After retiring from the police department, I wanted to stay active helping members in the law enforcement community. I ran a successful political campaign for Eatontown Borough Council and was appointed Police Commissioner on January 1, 2009, a position I still hold today. Being involved in local politics has given me the opportunity to work with my area, county and state legislators. I have a great network of people that are the decision-makers in our state. John Sierchio contacted me last year and advised me there was a group of people interested in starting Public Safety United. I was interested because this organization’s main focus is being directed toward lobbying to improving legislation for active and retired members. Also, I was happy to see that this group was looking to benefit all members of public safety. For years these groups have been working together at disaster scenes and at major and minor emergencies as a team, but then separated to their different groups after the incident. There are so many areas that we have in common as law enforcement officers with firefighters and EMS workers, so why not show unity in Trenton. Even when an issue that may be the concern of one portion of this group, why not stand united out of respect to our fellow public safety workers. There is strength in numbers. I do have high expectations that Public Safety United will grow and become a strong lobbying force in this state. I am happy to be a part of it. “As our membership grows, our voice will become louder and our benefits will become greater,” Sierchio said. “Public Safety United is proud to be opening the doors to its organization with 402 dues paying members from New Jersey, New York, Pennsylvania, North Carolina, South Carolina and Florida.

We need to educate our local politicians and the legislature so they can make the best decisions to influence change. Officers that work for their pensions should not be penalized for those who cheat the system. Public Safety United promotes the positive image of public safety officers and tells the stories of those that make us proud to serve in our profession. We work together without division or infighting. Join us in unity towards achieving our goals. Contact us and become a member of our Public Safety United Team!” Public Safety United 554 Bloomfield Avenue, Suite 201 Bloomfield, New Jersey 07003 973-707-5707 973-707-5714 Info@PublicSafetyUnited.com www.PublicSafetyUnited.com Captain Donna Roman Hernandez (ret.) is the Managing Editor of NJ Blue Now magazine and the host of Tough Justice live stream talk radio show @ www.ddvradio.com and The Jersey Beat blog talk radio @ www.thejerseybeat.blogspot.com. She is the owner of Blue Force Films, LLC and may be contacted by email at salsacop446@ hotmail.com or www.blueforcefilms.com.

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membership application Applicant Name: Date of birth:

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oath of membership I do hereby affirm, that the information provided by me is true to the best of my knowledge and that if accepted into full membership in this Association, I shall comply with its Constitution and Bylaws and duly enacted motions. Furthermore, if my membership shall be revoked or discontinued for any cause, I do hereby agree to return to this Association my membership card(s) and any other material belonging to or bearing the insignia of the Association. Signature:_______________________________________________________ Date:

recording secretaryâ&#x20AC;&#x2122;s notes Approved:

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Edison Police Department Wiretapping its own officers? By James Mets, Esq.

n January 2013, new cameras were installed throughout the Edison Police Department. When questioned about the cameras by the Superior Officers Association, the Chief and his administration assured the SOA representatives that the audio capability of these cameras was disabled except for in the cell blocks. It is now believed that these cameras were, in fact, recording throughout the Police Department at all times for many months. Private conversations may have been recorded without the knowledge or consent of the parties involved. These recordings may have captured delicate conversations between employees, victims, SOA and PBA representatives and attorneys, civilians, and attorneys and their clients.

Approximately 28 cameras were located throughout the Police Department including inside and outside the Municipal Court , the Watch Commanderâ&#x20AC;&#x2122;s Office, and outside the Internal Affairs Office. Over the many months that it is believed that these cameras were recording audio, there were hundreds and possibly thousands of people that entered the Police Department and 28

the Municipal Court who were recorded unknowingly. Every person had every expectation of privacy pertaining to their private conversations. It is my opinion that those responsible for making these recordings have violated the New Jersey Wiretapping and Electronic Surveillance Control Act and the Federal Electronic Communications Privacy Act. Indeed, if the allegations against the Chief and the Department are true, those responsible could be found guilty of a 3rd degree crime. They could also face civil liabilities under both Federal and State laws for damages suffered by the injured parties. We have written to the Federal, State and County authorities on behalf of the SOA to investigate this matter. To date, none of them have responded to our requests. However, it is my understanding that the Middlesex County Prosecutorâ&#x20AC;&#x2122;s Office has seized computer hard drives, including those of the Chief of Police and the head of Internal Affairs. Hopefully, the information acquired from the hard drives can help shed some light on this issue.

NJ Blue now | January/February 2014

The Chief of Police has stated that he, as the head of this public safety agency, was unaware of the issue until recently and took the necessary actions to fix it. He took no responsibility but instead blamed the surveillance company stating that it has taken full responsibility. To date, the company has not made any public comments regarding this matter. One must wonder, however, why would the Township and/or Chief install cameras with audio capabilities if the audio was to be disabled? Was this a technological accident or was this illegal surveillance and dirty play in the Police Department? Either way, the authorities must find out who is responsible, if applicable punish them, and ensure the victims that their privacy will no longer be violated. Law enforcement officers and civilians should never be the victim of illegal wiretapping. Whether this is malice or malfunction it is up to you, as the reader, to decide. In the end justice must be served. James Mets, Esq, (Mets Schiro & McGovern, LLP), Attorney for the Edison Police Superior Officers Association.

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Married to the Force

Understanding Support:

Best Ways to Support our Significant Officer By Officer Fasil Khan

Law enforcement marriages have a 68% divorce rate within the United States and many officers are experiencing marital and dating strife. I often hear the same complaints over and over again by many of my clients, but one of the most common is:

“They just don’t get it” Many of my clients feel like their partners don’t understand the stress, negativity, and pressures of the job. This issue, if not addressed, can be very damaging to the relationship and possibly lead to feelings of resentment and anger on both sides.

You don’t need to “get It” to be supportive With any relationship, there is a level of understanding between each partner. As partners, they both should be familiar with their feelings, motivations, and moods that are affected by how the day goes. This element is crucial to a relationship with someone in law enforcement because their day is so far beyond what would be considered “normal.” You don’t need to understand the everyday aspects of the job to be supportive of the way it may be affecting your partner. I often tell my clients that the reason their partner doesn’t “get it” is because they can’t possibly “get it” unless they have done it. There is NO way to fully understand what it is like

to be in this industry unless you have done it, and the expectation of your partner understanding it fully is unrealistic.

They don’t need you to fix things for them; they just want to know that you are there for them in their time of need.

There is a way to support your partner, while not being fully aware of the specific aspects of the job that are creating the problem. Support is not always about understanding the problem, but providing the love and support to help your partner manage this problem.

Know the signs

Listening is more important than solving If someone you love is struggling, your first reaction will be to try to fix the problem. This is not always the best way to provide support. Sometimes, your partner just needs to vent; to get out all the anger, negativity, and frustration. They don’t want you to fix it, or give them solutions; they just want you to listen to them vent. This is hard to do. Listening to your partner vent about all the issues they are experiencing and being unable to do anything to fix them is frustrating. The love you feel for them makes you want to help them, but knowing that you can’t, can make you feel helpless. The thing to remember is, by listening, you are, in fact, helping. The best thing you can do is give your partner a safe place to vent, without judgment and without comment.

There will be times when your partner may not be able to share every detail of the job and the problems they are facing. Awareness of the key signs, in case they are not willing or able to tell you, will make a world of difference in your relationship. Some of the signs to be aware of are: • Trouble sleeping • Fatigue • Moodiness • Lack of appetite • Withdrawn • Preoccupied When you notice that your partner is struggling, sometimes all it takes is a small gesture to show them that you are there for them and that you love them. A hug, a nice dinner, or a night out can give them the boost they need. Support comes in many forms and knowing how to best support your partner will make them more effective in their job and will keep your relationship from ending up like the other 68% of officer marriages. Khan Coaching “Command Your Life, Lead Your Life, Lead Your Life to Get the Results You Want Out of Life.” www.KhanCoaching.com

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â&#x20AC;&#x153;DWC has one of the best promotional exam classes I have ever taken. I have been to Bernstein, HOLTZ and others for promotional exam classes and none have challenged me enough to test well on any law enforcement tests. DWC always kept my mind going not only keeping my attention but also challenging me with difficult questions to help me advance my knowledge on test material. I would recommend this class to anyone who has any desire to be promoted within their department.â&#x20AC;? ~Officer Anthony Neglia Badge 220

preparation By Jay Martinez in quickly, forestalling the enemy… attack with a feeling of constantly crushing the enemy, from first to last.” Of course, as peacekeepers and enforcers of the law, we are not in the business of attacking or crushing the enemy. But if you put on your analytical and tactical cap, you are able to comprehend what the Michael Jordan of the Samurai era was referring to.

The Art of Maneuver MOVE, ADAPT AND WIN

This month’s text brings me closer to the essence and the philosophy of pure combat. Philosophers, Sun Tzu (The Art of War) and Clausewitz (On War) both have independently written that the two basic principles of combat are fire and maneuver. Furthermore, in the book, Warfighting, the U.S. Marine Corps’ book of strategy, it additionally states that attrition and maneuver are the two basic styles of warfare. Now that my table is set for this month’s article, I want to impress upon you the monumental importance of implementing movement into your ‘tactical toolbox.’ The following bacteria can be found in aquatic habitats, specifically ponds: leptospirosis and blue-green algae. Ponds possess many other forms of bacteria that are potentially hazardous to humans and animals due to its stagnant and suspended state. These forms of bacteria are allowed to thrive in a pond as a result of its lack of evolution. On the other hand, now, I want you to imagine a cold refreshing beer as in, Coors Light, more specifically, the white, breaking rapids of the Colorado River. The ferocious tempo and perpetual movement of this type of water constantly repels and thwarts inner attacks that may adversely affect the state of the river. Now, based upon my analogy of pond scum and beer, was I able to convince you of the significance of movement in a tactical capacity? I sure hope so. The importance of movement within a tactical setting is as urgent as the steering wheel that guides your vehicle. The Japanese warrior, philosopher, tactician and strategist Miyamoto Musashi, author of the book of five rings stated, “When you decide to attack, keep calm and dash 32

Musashi’s belief of movement made him the undisputed king of ancient mortal combat. Plus, his prowess, unconformity and preparation have impacted millions of individuals in a plethora of areas. Business tycoons, athletic coaches, politicians and military commanders have always sought the way of the Samurai. This article is not based upon the way of the Samurai, but it does subscribe to the doctrine that was applied by the greatest Samurai of all time. These lessons can teach us, as police officers and corrections officers, who are under attack, that we must move, adapt and ultimately win a deadly force confrontation. The term “fog of war” expresses a feeling of uncertainty, confusion, violence and chaos. In order to succeed under these tumultuous conditions, we must promote an intrinsic adaptation to our calculated and conditioned response when we are under attack. That adaptation begins with us fostering the sensation to move off of our proverbial X. I have always believed that an Officer who is under attack and refuses to move, will perish upon their X. To create confusion should be part of our conditioned response. Most attacks we witness on Police dash cams possess a linear alignment, meaning, “you see me and I see you” theory. At some point, the attack is initiated by the threat attempting to stab or shooting the Officer. From a psychological and physiological perspective, we must understand that we are now in prey mode with the attacker assuming the role of the predator. This is not the evolutionary arms race at work here. This is man versus man with one

NJ Blue now | January/February 2014

assuming the primal role as hunter. The decision has been made. The human mind is under siege by millions of neurons. How do we disrupt the predator’s attack mode decision? At the point of attack, our movement changes everything. The attacker must now internally call an audible and alter their initial attack plan. Now as they press forward, they must make a conscious decision to counter your movement. But how is a conscious decision so possible when the predator is acting on impulses brought upon by their subconscious mind? The result is a justified lag and an interval purposely formulated to create a position of advantage for the Officer. OODA (observe, orient, decide and act) loop is a military fighter pilot doctrine that was invented by Col. John Boyd in the 1950’s. OODA loop is all about analyzing and altering the decision making cycle of your opposition. That is exactly what the Denver Bronco QB does to the opposing defense every Sunday. Before Peyton Manning snaps the ball, he will audible to another play. The alternate play will now create an advantage because he has utilized the opposing team’s decision against them. Situational and threat awareness are officer safety principles that allow us to analyze a potential imminent threat before it takes root. Once it does unveil and rear its ugly head, our nervous system can react like a champion. Remember, action will beat reaction every time; but regardless, we should always stay alert and be prepared to act decisively and with a calculated plan. The key to the success of that plan is thorough training that has been compiled through tireless repetitions. The key is muscle memory. I’ll close by reminding you that movement is a principle that works and becomes more effective when it is apparent that the severity of the attack is life threatening. But, nevertheless, the key is to train and implement this valuable tool in your “tactical toolbox.” Like always, stay safe and Ooo-rah! Please go to Warning Order.net and learn more about this type of officer safety training that is now available to you and your organization. To Advertise Call: 201.881.5100

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training

Ethics:

the good, the bad, and the ugly By Lt. Joseph Pangaro (ret.)

he concept of proper ethics in law enforcement, or in any area of endeavor, has attached to it certain understandings that we all believe to be true. Take theft for instance. Is it ever okay for someone to steal or shoplift? I believe most people, across our society, would agree that stealing is not OK. Taking that which does not belong to you is wrong. As cops, we would arrest the thief and take him to HQ for processing, get the complaints signed, and maybe get some bail set. The entire scenario is black and white, simple; we deal with a thousand of these scenarios in the course of our shifts. These are things we believe and are taught. We do our job and let the courts decide who is guilty and who is not. Fair enough, that is what we are here for. One thing I have found to be true in almost every part of life is this: words mean things. The terms, phrases and the individual words we use have meanings. Understanding what is being said is vital to being effective in anything we do; in some cases, it can be life altering. When we discuss ethics in law enforcement, I believe we must first define the term. From an online source, dictionary.com, I found a good definition: 1. A system of moral principles: the ethics of a culture. 2. The rules of conduct recognized in respect to a particular class of human actions or a particular group, culture, etc.: medical ethics; Christian ethics. 3. Moral principles, as of an individual: His ethics forbade betrayal of a confidence. 4. That branch of philosophy dealing with values relating to human conduct, with respect to the rightness and wrongness of certain actions and to the goodness and badness of the motives and ends of such actions.

When it comes to ethics, we all get the same basic training in the academy. We are given some guidelines to think about and we are told how we should behave personally, as well as, professionally. We are told, as law enforcement officers, we are held to a higher standard than the average citizens, who we are sworn to protect and as such, we must comport ourselves accordingly. For most police personnel, we take this lesson in stride; we put it in the back of our minds, where we store all that sacred police knowledge we accrue. We also take it as fact that we are the good guys and girls and we would never do anything unethical. In an effort to ensure we have the best people on the job, most cops are screened very rigorously during the hiring process. We are interviewed and background investigations are done; our references are checked and any area of “suspect” activity in our history is addressed. The purpose of this is to weed out the potential candidates that might more easily succumb to stepping outside the ethical boundaries set up for police people. When it’s all done we hire the best people, the ones we feel are solid morally and ethically and will be able to wear the badge. We are all expected to perform courageously, honestly and become the epitome of the police term of respect: The Finest; at least that’s the stated goal and for the most part that is how it works out. Why then are our ranks occasionally besmirched by acts of criminality on the part of our brother and sister officers? Why is it that we find cops getting caught stealing from burglary scenes, using and/or selling drugs, rolling drunks or committing other horrendous acts that provide the public with too many examples of negative stereo types of police officers?

How does that happen? Were there good men and women that knew about some of these things and didn’t say anything or get involved? I think we all know the answer here is ‘yes.’ No one wants to be a rat. No one wants to go against a brother or sister cop and turn them in—that’s just a reality. But is it right? I wrote an article recently about the proper function of an Internal Affairs Unit and its necessary existence. The point of that article was that good cops everywhere should not fear a properly run and focused IA unit. Instead, they should welcome that IA unit as it roots out bad or corrupt actions so that the huge majority of us don’t get dragged down by the bad apples. Of course, that means the IA unit has to be run properly, fairly and with justice as the guiding force, not as a hammer of an administration to “get” those in disfavor. Enough said on that. Let’s get back to ethics; I am trying to paint on a large canvas here to make a point. Ethics and ethical behavior is not a mystery— it means doing the right thing all the time regardless of the consequences personally, professionally or in any other way. And it also means keeping true to the oaths we take and the purpose for our existence as police officers. It means accepting that we are held to a higher standard than society in general. To do less would be a disservice to every community we serve and to ourselves. We are the guardians and must be above reproach. This is a high burden but one that must exist for the service to call itself “The Finest”. The “good enough” or “the almost really excellent” is not a motto to live by or a way to conduct the people’s business. Being ethical is part and parcel of who we are as law enforcement personnel and it is our burden to carry.

Somewhere along the line the officers involved in these things lost their way and chose to take unethical actions that the vast majority of us would never consider.

NJ Blue now | January/February 2014

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WHAT IS ETHICAL POLICE BEHAVIOR AND WHAT CONSTITUTES UNETHICAL POLICE BEHAVIOR? This question comes up all the time: “What if a local restaurant owner wants to give a cop a free meal because they just really like the police.” That’s a fair question, and as we all know, most of our citizens do like and respect the police, and many of them want to show that by giving you a cup of coffee or a sandwich. They want to reach out to the local cops and create a sense of community. This behavior is a natural expression of human kindness and happens in the civilian world all the time. People buy you a drink, or give a gift, or bake a pie for the people they care about. Many of the people in our community do this or offer to do these things because they care about the people that protect them and it’s a way to say thank you. They don’t do these things because they expect you to get them out of a DWI or a domestic violence arrest, or to allow them to commit crimes while you look the other way. If that’s the truth, people don’t really expect anything in return for the coffee or the slice of pizza, we must ask ourselves why this type of a relationship is inappropriate. Why is giving a cop a cup of coffee or slice of pizza the beginning of the end of civilization and the corruption of our nation’s law enforcers everywhere? The problem is mostly in perception. To the public, a police officer in today’s market place is making a salary of over $80,000 dollars. Why should that cop get a free meal? Does the restaurant give the father making $35,000 a year with three kids to feed a free meal? The answer is no, they don’t. So when the public sees a police officer eating meals for free they see it as another benefit of the job, and not one that is right. They also suspect that the officer does things in return for it. This perception damages all of law enforcement and makes doing our job harder. Perception is reality for many people. Let’s look at another example and see if our own perceptions are in line with the topic at hand.

A man who lives in your town goes into the convenience store with theft on his mind. He walks up and down the aisle looking over the merchandise. The clerk sees him and thinks something is not right. The same clerk then calls the police. The man takes something off the shelf, puts it under his coat and exits the store as the clerk is yelling for him to stop. The man runs off but is quickly located by you, the police officer. You conduct a quick onscene investigation and find a small carton of whole milk and a loaf of bread in his jacket; the man admits he stole it.

Does it matter why he stole it? Theft is theft, right? The answer seems simple enough. Theft is theft and taking what does not belong to you is a crime. Let’s say though that you take a minute during your on-scene investigation and find that the man stole the items because he has two kids at home under the age of 5 and they haven’t had anything to eat in two days. The man took bread and milk to feed his children and for the sake of our exercise we confirm this is true. Do we care now? Does it make any difference why he stole the items? I believe that most of us in law enforcement would have to agree that it is wrong to steal, no matter what the reason. I also believe that most of us would view the man stealing bread and milk for his hungry kids a little differently than we would view the same man stealing a bottle of booze for his own consumption. I believe most people would view those two incidents differently, but are they? Is there anything in the statutes of the state that delineate between stealing for what might seem like a reasonable (good) reason and stealing for a bad reason? There is not. So what would we do with this man that stole milk and bread? Would you talk to the clerk on his behalf? Would you pay for the items out of your own pocket if the clerk didn’t want to sign complaints? Would you simply process him and go home? During my career I have seen this scenario in real life and it has been handled differently by each officer. My question

then is this: as you read the scenario what did you think was the right thing to do? Did you think that stealing to feed your kids might be wrong, but understandable, while stealing booze gets no such compassion? The point here is this: if you wrestled with the idea that stealing to feed kids had some legitimacy, or deserved more thought, then your ethical line was moved. I believe for most people, cops included, we would be able to put ourselves in the thief ’s shoes if we had to feed our kids. The fact that our line can move is the epiphany. What is right and wrong is often black and white; sometimes we have to look further and make decisions based on additional factors if we are to do the right ethical thing. What about that cup of coffee? Is it a bad thing to take it? Ask yourself that question. If we say it is not really a big deal and we can justify that, we must ask: would you accept a diamond ring from a local jewelry store owner because they appreciate the police in their community? For most people the answer is obvious, you could not take a diamond ring. But why? If we can take coffee or pizza, why can’t we take anything offered to us? Again, it’s obvious; a cup of coffee is a dollar and a diamond ring is hundreds or thousands of dollars and that wouldn’t be right; we can’t justify that. I submit that while there might not seem to be any harm in taking a cup of coffee, the two items offered to us are really one and the same and we shouldn’t accept either of them. If the deciding factor for you in this example was the value of the items, then you must ask yourself what your personal line in the sand is. Is there a number you can put on your integrity? If you found a wallet with $200 cash and no ID in it, would you keep it? I hope you said, “No,” you would turn it in. What if you found a bag of cash on the side of the road, and that bag of cash added up to a million dollars in 10’s and 20’s—confirmed as drug dealer money. Would you keep that? Would you have to think about it? We kid ourselves if we aren’t honest and say we might consider keeping a million

NJ Blue now | January/February 2014

training dollars. I have asked this same question to many people, civilians too, and almost every person admits that they would at least consider keeping the million but they would return the $200. After all, a million dollars is a lot of money; once again, the line of right and wrong slides. When asked why they would consider keeping the million dollars but return the $200, they said, “Two hundred dollars isn’t worth my career.” We can only surmise then that the unspoken answer is that a million dollars might be worth the risk of losing your career. This is an ethical decision; one that can only be made by the individual. My job here is to get you to think about your own understanding of ethical behavior and define for yourself what is right and wrong and act accordingly. My hope is that every law enforcer would always make the right

choice and turn in both the $200 and the million dollars.

right way to live by making solid, ethical choices every day in every situation.

Being an ethical law enforcer requires us to constantly think about what we are doing, how our actions affect those around us and how we weigh the black and white guidelines against real life. Our job demands many things from us; our personal integrity should not be in question. If it is, you should not be among us.

Lt. Joseph Pangaro retired after serving 27 years in law enforcement in a police department in Monmouth County, New Jersey. Pangaro is a graduate of the Certified Public Managers Program (CPM) through Fairleigh-Dickenson University and served his department as the lead Training Officer. He also writes a weekly newspaper column dedicated to helping his readers understand the rigors and joys of a career in law enforcement. Joseph Pangaro is the CEO and President of Pangaro Management and Training and Management and Pangaro Global Training, an online training company. Contact Lt. Pangaro @jpangaro@yahoo.com.

Only you can decide if a cup of coffee or a million dollars is the price to buy your integrity. I believe that law enforcement is more than a job or a career path— it is a calling. Our work is noble and our mission is necessary for society to survive and thrive. Being ethical in our actions, thoughts, and deeds serves as a guide, as we steward the community we serve; we demonstrate the

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Social Media

L.E.O.

“In Unity There Is Strength” By Bobby Picioccio

aw Enforcement Only is a Facebook group that was founded by Pennsylvania State Trooper, Sgt. Craig Polen in August. The group is for Federal, state, county, local, police and corrections officers only. It is a place where officers can share information; ask questions; and discuss law enforcement topics and issues; or simply just to chat with fellow officers. Since the group started, it has rapidly grown to 10,000 members from across 42 states of the U.S., Canada, Italy, Ireland, and Australia.

The group was started after Craig joined multiple Facebook groups for LEOs and always discovered that civilians were welcomed into the group. Craig was then inspired to make a safe group for LEOs to communicate freely. The group’s intention is to let officers from around the world, network and help each other through the good and bad times. A fellow trooper who followed Craig into law enforcement and PSP, committed suicide and left his 3 kids behind which inspired Craig to start a fundraiser during Christmas for children of LEOs killed or injured. This past Christmas, Craig wanted to give Christmas gifts to children of fallen officers. Within a few weeks, the LEO members donated $10,000 which was given out to 23 children of 12 lost or injured from around the country. Not only was money coming in, officers were lining up to volunteer their time to bring these children shopping at the toy store to pick out their gifts. The members also stepped up when a fellow officer and his family of 5 were in an auto accident in South Carolina on their way home from vacation. Their SUV was totaled and the group pulled together to help out. Officers from South Carolina provided the family with two nights in a hotel and the

LEO members rented a vehicle for them to get home in. The goal of the group for this year is to do Christmas for 50 kids and start a College Scholarship Fund. Now, with 10,000 LEO members, you have to expect a few arguments, disagreements and a lot of joking around. After all, what would you expect from a group full of only cops? We have several inside jokes that only members would know about. One of the biggest jokes so far has to be the selfie king, Mr. B. whose photo still gets posted. Then, we have PBA cards and “can I carry” posts. Other posts, like trying to find a date for a cousin, selfie Tuesday (thanks Mr. B), tattoos, or matching toe and nail polish make us laugh and can help a long midnight shift fly by. Looking for a vacation location or traveling for other reasons? There is a fellow officer in the group that can help you make the best of your trip. Traveling alone? Just post where you’ll be and dinner or drinks with a local LEO member is a definite possibility. Are you a collector of trade patches, tee shirts or challenge coins; or do you just need help dropping in a new engine? Is there some much needed work on your house? There is most likely a LEO member who either does that work on the side, has a family member who does, or can refer an honest contractor. Occasionally, the joking or complaining does go too far. Sometimes, Craig or one of the administrators have to play “Daddy” and take away the post, put us in time out, and give us a little scolding like children. But, like little kids, within minutes there’s a selfie with a Mr. B. comment, someone didn’t honor a PBA card, or the “can I carry” question comes up again and we all wait and comment on when “Daddy” might take away the post again.

NJ Blue now | January/February 2014

On January 10, 2014, Law Enforcement Only had its first dinner at Brasilia Grill in Newark, NJ. What started out as a post by Craig saying he’ll be in the area if anyone wanted to have dinner turned into a meet and greet with 91 brother and sister officers attending, both active and retired, from as far as Chicago, Illinois. Unlike other law enforcement events I’ve attended, there was no complaining about policies, administrations, fellow officers, or fighting among ourselves. Officers, many meeting for the first time, enjoyed an evening together and took advantage of a perfect opportunity to make new friends. After dinner, the group ventured over to McGovern’s Tavern where they kept the night going until last call. I’m sure Craig never expected that kind of turnout for the casual dinner he was prepared to have. I’m also sure he never expected the group to grow as fast as it did. That is a testament to what he has, so successfully, put together. I personally look forward to the next dinner on March 6, 2014 at the Irish Tavern in Atlantic City, NJ. Considering this event is during the NJ PBA convention, I expect it will be a much bigger turnout. I look forward to meeting more of you; I hope to see you all there. The latest addition to the group is a new forum page found at www.LEO-Only.com. The forum page includes; live chat rooms and sections to post questions and get case law information. The page will soon be expanding to include advertisements with discounts for members. If you would like to join the group or forum please be prepared to find a sponsor from the group or show your credentials.

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NJ Blue now | January/February 2014

news release

ICE removes criminal alien

wanted for human trafficking in Romania By Bryan D. Cox

NEWARK, NJ – A Romanian national wanted on human trafficking and prostitution charges in his home country was removed from the United States Tuesday by officers with U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO). Marius Dragos Stanga, 40, was convicted in September 2013 of committing theft in Hudson County. He was transferred to ICE custody in November following his release from jail on the theft conviction. At that point, ERO Newark determined Stanga had an outstanding warrant issued by Romania in April 2012, where he is wanted for human trafficking and prostitution. “U.S. Immigration and Customs Enforcement will continue to focus resources on violent criminals and other high-priority aliens who pose the greatest threat to our communities,” said ERO Newark Field Office Director John Tsoukaris. “This removal shows that these individuals will not be allowed to use the United States as a haven to avoid criminal prosecution in their home country.”

fugitives from the United States who were being sought in their native countries for serious crimes, including kidnapping, rape and murder. ERO works with ICE Homeland Security Investigations (HSI) Office of International Affairs, foreign consular offices in the United States, and Interpol to identify foreign fugitives illegally present in the country. In fiscal year 2013, ICE conducted 368,644 removals nationwide. Nearly 60 percent of ICE’s total removals had been previously convicted of a criminal offense; 82 percent of individuals removed from the interior of the United States had previously been convicted of a criminal offense. Other than convicted criminals, the agency’s enforcement priorities include those apprehended while attempting to

unlawfully enter the United States, illegal re-entrants – individuals who returned to the United States after being previously removed by ICE – and immigration fugitives. In fiscal year 2013, 98 percent of ICE removals met these priorities – a record high. Bryan D. Cox Public Affairs Officer Department of Homeland Security U.S. Immigration and Customs Enforcement (ICE) Alabama, Arkansas, Louisiana, Mississippi, New Jersey, Tennessee 504-310-8887 Office 504-329-2588 Mobile bryan.d.cox@ice.dhs.gov

ICE officers escort Romanian national Marius Dragos Stanga to a removal flight at John F. Kennedy International Airport in New York.

Stanga was removed by ERO officers via commercial aircraft from John F. Kennedy International Airport in New York to Bucharest, Romania. From there, ERO officers transferred Stanga into Romanian law enforcement custody. Stanga claims to have unlawfully entered the United States near Douglas, Ariz., in June 2012. Since Oct. 1, 2009, ERO has removed more than 720 foreign

NJ Blue now | January/February 2014

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2013 Harley-Davidson Switchback motorcycle The tickets are $25 a ticket with only 1,500 tickets available. The drawing is on May 2014, at their annual casino night fundraiser. The Kankakee City Police Dept. has eight charities that they will be donating to. They are: The Veterans Assistance Commission, Kankakee area Toys 4 Tots, Shrine Burn and Disfigurement Hospital, St. Jude’s Hospital, Ronald McDonald House, Easter Seals, Harbor House for Battered Women, and KCCASA, which is a center for sexual assault victims. You can purchase tickets by sending a check made out to: Kankakee City F.O.P., at 385 E. Oak St. Kankakee, IL. 60901. When we receive the check or money order, we will fill out the ticket for you and mail you your ticket stub for your records. Remember to include the name and a good contact number that you want on the ticket. Thank you for your support.

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events

Hudson County Corrections PBA 109

FEED THE HUNGRY Photos courtesy of Lakia Gaillard

Officers and supervisors along with their family members who came out to help serve at our Feed The Hungry

Feed The Hungry Committee with Freeholder Anthony Romano. From Left to right: Sgt. K. Ford, Lt. A. Cruz, Officer E. Collymore, Freeholder Romano, Officer L. Gaillard, Officer J. Ensley

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NJ Blue now | January/February 2014

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remembrance A loving tribute by Fair Lawn Firefighter Brianna A. Jimenez

Sergeant George William “Bill” Metzler my strength when I needed it. He always gave me the best advice. He was truly the greatest grandfather I could ask for. His hearty laughter and the acts of kindness he displayed will always be remembered by us. Most importantly, my grandfather would

our close-knit family as we are missing our main component. He made many positive changes for us as a family and we grew closer from those changes. However, he heavily smoked cigarettes. In the end, his lungs failed him.

want you to know that you should live life without regrets and to be happy.

I hope others will realize that 65 is entirely too young to die. There is still time to change and live a healthier life.

gt. George William “Bill” Metzler began his career with the Hawthorne Police Department and after ten years, he continued on with his law enforcement career in the Passaic County Prosecutor’s Office where he served until his retirement. He was a member of the New Jersey Honor Legion and was a charter member of the Blue Knights Motorcycle Club. Born on October 5, 1947, Sgt. Metzler had a long history working in the civil service field and owned Metzler Ambulance. My mother had the pleasure of working with him for seven years in the Passaic County Prosecutor’s Office and was proud of his work ethics and the job he did. He always stood up for what he believed to be right and didn’t mind standing up to a person of authority if something was wrong.

My grandfather and mentor passed away on July 18, 2013. It is a tremendous loss for

He was a loving husband, father, grandfather and a genuine friend to many. He was a man of few words. However, the words he spoke were meaningful or funny as hell. He loved unconditionally. I know he touched many lives. This was evident from the stories we heard at his wake. My Pop was always there for me when I truly needed him. We always did everything together, and he was If you would like to honor a brother or sister in BLUE who lost their life on the job or retired, please submit your story to: njbluenow@gmail.com 46

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entertainment

lthough she’s 34 years old, Bianca Lawson has just recently stopped portraying a teenager. Bianca started with commercials at the age of 9 for Revlon and Barbie. On television, she’s appeared in Buffy the Vampire Slayer, Dawson’s Creek, The Vampire Diaries and Pretty Little Liars, among others. Bianca also had a memorial role in the movie Save the Last Dance. She is currently a regular, on MTV’s Teen Wolf. Bianca is the grandniece of Motown legend Berry Gordy and was able to portray Diana Ross in the Temptations film. Her parents are Richard Lawson (One Life To Live) and Denise Gordy. A few hours after our interview was over, Bianca sent me an email in an attempt to clarify my question about racism. Apparently, no other journalist had ever asked her before about this topic before. I’ve included Bianca’s email at the end of this interview.

a c n Bia n o s w La By Dan Lorenzo

you on television when you were nine years old, that must be magical. It was amazing because I was so shy and nerdy, and I had no friends. Suddenly, to go from being completely invisible at school, to being visible and cool (laughs) was great. I was one of those kids obsessed with Saturday morning cartoons and I loved those Barbie commercials and I was like, “I would love to be one of those girls in the Barbie commercial,” so when I actually became one of them it was life changing. It was really profound.

Have you ever experienced racism? (pause) Racism. Ummm… not in an overt way. Not within the industry. I sensed it a little more when I got older, but it was in a subtle way. That line of.…“hmmm.” I did, but not in a super overt way.

Dan Lorenzo: Both of your parents were in the industry. Did they push you or did that make you want to get into it yourself? Bianca Lawson: No, I just really wanted to do it. They didn’t deter me, but they weren’t exactly jumping up and down because they both know how difficult it can be. They just wanted me to focus on school and maybe do something else. (laughs) But, I wore them down and I begged and begged and begged them for years, so it was just me stalking them about it and they sort of reluctantly let me try it.

The reason I asked is I watched a video of you and you said you were bullied when you were younger. Were you referring to racism? No, it was not racism. What I was referring to, in that interview, were just kids being mean because I was overweight. That’s just kids being incredibly cruel. You know, you’re on the handball court and you’re not looking in the proper direction and somebody takes the handball and throws it at your head and tries to knock you out. It wasn’t because I was black. It was more because of physical things, such as being overweight and kids being mean.

When you see yourself on television and your friends saw

How overweight were you? When I look back now at pictures, I don’t

NJ Blue now | January/February 2014

think it warranted all of that. I was sort of chubby and introverted. I was one of those kids who ate their feelings. Do you need a hug right now? (laughs) I’m totally fine. I think those things are what make you stronger. I know kids that were sort of coddled their whole life and they had these magical lives and nothing really terribly bad ever happened to them and when you get older and become an adult, life can get real. If you build up a thick skin because of past experiences, it can be a good thing. You build up a kind of strength. When I look at your IMDB profile, it would take me about an hour to read every television appearance you’ve ever had. Haven’t you lived a sort of charmed life at least when it comes to getting work? Yeah, just being a working actor is a miracle; most actors don’t get work and are struggling financially. It’s hard enough to get an agent, let alone a job, so I feel extremely fortunate. People will say to me, “You’ve done so much work, it must be easy”, but I still to this day, take tiny guest starring parts I have to pre-read and fight for. There are still so many things I can’t even get in for. You’ve been on dozens of shows. Do you feel you need your own show to call your own or is it kind of fun being in 5-6 episodes of a million different shows? (laughs) On the one hand, it’s great because you get to work with a bunch of different To Advertise Call: 201.881.5100

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entertainment people and you get to travel around, depending on where the show is filming. You’re not locked down so you can do movies or whatever you want. There were times, when I was younger, I was on a show and with that consistency you become like a family. You really do bond with the people that you spend every day with after months and months. They both have their merit. I’m going to ask you about a person I’m a big fan of. If you trash her, we can get some extra press out of it, but I want to think Sarah Michelle Gellar was nice to work with on Buffy The Vampire Slayer. She was so nice to me. The first time I met her I think I was 12 or 13. She worked with my dad on All My Children. When I went to visit my dad and I went to the set, she was so kind to me. Then, years later, I got on Buffy and I thought for sure, you know, she met this random little kid years before, who’s going to remember? When I got on the set everybody said, “She’s so excited you’re here.” She was so kind. She took me into her gigantic trailer and said, “If you ever just want to get away you can use my trailer to read a magazine or hang out with my dog,” this little Maltese. She was incredibly kind to me. That doesn’t always happen. She made me feel like I was coming into her home and I really, really appreciated that. You seem to get cast in a lot of supernatural roles. Not to get to heavy, but what are your feels on ghosts? Umm…I believe that there’s definitely more than what we choose to see. I think there’s a complexity to life and to energy that is beyond our senses. I’ve been in houses that my parents swore were haunted. I’ve never had a ghost experience, but my dad did and so did my mother. I believe anything is possible. You’re finally playing somebody who isn’t a teenager in Teen Wolf. Finally! I’ve played lots of adults! (laughs) OK, but I don’t think you look much older than the students in Teen Wolf. As somebody who is in her 30s who has played a lot of teenagers up until recently, 50

do you feel you look so young because of lifestyle choices, genetics or a state of mind or a little bit of everything? I think it’s a little bit of everything. Both my parents look fairly young and have a youthful spirit and energy. I live a pretty clean lifestyle, but I’m not obsessive about it. Age is an interesting thing. I know lots of people that are much younger than me that feel like they’re so old and they embody that, but my dad is in his sixties and he’s like the “youngest” person I know. The same thing with my mother.

When you were in Pretty Little Liars you played a lesbian. Do you think shows like that make it easier for gay young people to come out of the closet? Absolutely, I think anytime you see something portrayed in a way where it’s not… I think the wonderful thing about Maya and Emily’s relationship is it could have been a boy and a girl and it was all about love. Anytime you see something that is portrayed delicately and respectful and it’s not gratuitous I think it makes it easier; there’s so many younger girls who wrote me letters and said, “Maya was the first time I saw “myself ” on TV. I wish I had a Maya in my life.” I think it definitely makes it a little bit easier. I picture you being nice to all your fans, but it has to get

NJ Blue now | January/February 2014

annoying when they ask you to re-enact the dance from Save The Last Dance? (laughs) It doesn’t get annoying. I mean, I never do it. It’s sweet if you do something and people like it and they remember it, after all these years, it’s lovely. I don’t have to do it. I can nicely say, no thanks. It’s sweet. I feel honored that I’ve done anything that people are excited about. Tell me about House of Secrets. House of Secrets was a film I made for Lifetime and was aired earlier this year. It’s based on a true story about a married couple who got divorced and the woman found out that the husband put all these listening devices and video equipment all around the house. He was spying on her because he was obsessed. I had wanted to get behind the scenes for a long time, so this was an opportunity to start producing. We shot it really fast. He becomes incredibly abusive and controlling. She ends up having to kill him. Bianca’s email: Hey Dan, it was lovely talking to you today. After our interview was over, I started remembering a bunch of racial situations that I hadn’t thought about for years. Saying that I haven’t experienced overt racism isn’t true. I think I was caught a little off guard because no one ever asks me about that and the bullying was for other reasons as I said. So yes, I have experienced racism. I’ve been followed around stores to make sure I’m not stealing. I’ve had a cop pull me over for no reason and ask me why I was in Beverly Hills and inquire about my car (it was a Lexus). I was in a restaurant in London in my mid twenties and was refused service (the nonwhite person I was with was not). A director once referred to me as a little monkey. He swore it was just a term of endearment but come on. A kid on my bus would call me Aunt Jemima every time I got on. And if I really think about it, I’m sure there’s more. Anyway, this isn’t my normal reality; I never think about these incidents and it doesn’t affect my day-to-day life, but I wanted to correct my answer once I remembered because as much as things have progressed, it does happen. Best, Bianca

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