Manalapan police chief sues township

AManalapan township committeewoman, the township administrator and the township itself are the defendants in a legal action that has been filed by Manalapan Police Chief Stuart C. Brown.

Chief Stuart C. Brown Brown, 48, has been employed by the Manalapan Police Department since June 1980 and has been serving as chief since his appointment to that position in late 2003.

Brown is represented by attorney Stuart Moskovitz, of Freehold Township.

The township has forwarded the complaint to its insurance carrier, the Garden State Joint Insurance Fund. Manalapan has a $10,000 deductible with the insurance coverage.

The complaint alleges that municipal officials have tried to force Brown into early retirement and states that "Manalapan, principally through Roth and Lovrich, embarked on a prolonged and continual pattern of harassment of Chief Brown."

The complaint also states that "from the time Roth began her term on the Township Committee (in January 2006), there has been a longstanding, active policy of removing the existing department heads, many of whom had won awards in their positions and all of whom were recognized as qualified, top quality performers. In every case, they were members of the protected class of aged employees, and in almost every case, they were replaced by younger people."

Moskovitz said case law in New Jersey has established 40 as the benchmark age for an age discrimination complaint.

Brown's complaint states that several of the former department heads/employees "were tenured and could not be fired. Hence, the defendants established a pattern of harassment making it impossible for them to perform their jobs, causing emotional distress leading to physical illness and forcing them to vacate their positions as a means of bypassing tenure protections."

Township Attorney Ron Cucchiaro said none of the employees who retired from Manalapan and whose particular circumstances are described in the complaint sued the township following their departure from the municipality.

Brown's complaint goes on to state, "Defendants' conduct is severe and pervasive enough to make a reasonable person of similar age to (Brown) believe that the conditions of employment have been altered and that the working environment is hostile and abusive.

"Additionally, defendants' conduct unreasonably interfered with (Brown's) work performance. Defendants harassed (Brown) for no just cause, and solely as the result of the age of (Brown) and, in particular, to force him to retire early as they had so many other aged employees."

Brown is asking for a trial by jury and is seeking compensatory and punitive damages, including damages for pain and humiliation, and attorney fees and the expenses of litigation.

The New Jersey Law Against Discrimination permits any individual to initiate suit in state Superior Court without first filing a complaint with the Division of Civil Rights or any municipal office.

In a separate matter involving the police chief, the Township Committee may take action at its meeting tonight, Aug. 12, on a hearing officer's recommendation that Brown be suspended without pay for one day following an incident that occurred during a meeting in September 2008.

The township has charged that during a regular monthly meeting that was being held to discuss routine police business, Brown was insubordinate toward municipal officials. The alleged insubordination occurred in the presence of Roth, Lovrich and Township Committeewoman Susan Cohen.

A hearing officer eventually recommended a one-day suspension for the chief.

Brown, who is represented in that matter by attorney Lawrence Bitterman, appealed the hearing officer's recommendation to a Superior Court judge.

On Aug. 6 the judge ruled that the Manalapan Township Committee should act on the hearing officer's recommendation. The committee may choose to accept the hearing officer's recommendation and vote to suspend the chief, or it may decide not to accept the recommendation.

Brown was named Manalapan's police chief on Nov. 12, 2003, and took control of the department on Dec. 1. Roth was not on the governing body and Lovrich was not the township administrator at that time.

Brown succeeded John G. McCormack, who retired from his position in Manalapan and became the director of the Monmouth County Police Academy, Freehold Township.

At the time of Brown's appointment as chief, Mayor Drew Shapiro said, "Stu has always had my respect from captain, to deputy chief, and now I am very excited that someone who is very dedicated and well respected by his men will be taking the helm."

Brown said, "I am very excited about becoming the next chief of police. Chief Mc- Cormack has done a fantastic job here and I'm looking forward to working closely with the Township Committee, the community and the officers of this department to continue where he left off.

"It's a wonderful feeling, a true honor and a privilege when you realize that the Township Committee has the utmost confidence in your abilities. I cannot thank them and Chief McCormack enough for their continued support and assistance and I will not disappoint them," he said.

Brown, who is a 1978 graduate of Marlboro High School, began his professional career that year as special police officer in Colts Neck. He entered the Monmouth County PoliceAcademy after being awarded a scholarship from the Monmouth County Police Chiefs Association. He graduated from the academy in 1980.

Brown joined the Manalapan Police Department in the summer of 1980. He was promoted to sergeant in 1992; to lieutenant in 1998; to captain in 2000; and to deputy chief in May 2003.

He received a bachelor's degree in criminal justice from New Jersey City University in 1995 and a master's degree in public administration from Fairleigh Dickinson University in 2001. He also graduated from the West Point Command and Leadership Program in 2002.