Ruling pending on discipline for Morris Twp. cop

MORRIS TWP.   Opposing attorneys have until Oct. 1 to submit written summations on whether Morris Township police Sgt. Sean O'Hare disrespected the department and business administrator by allegedly disseminating a crude email while contract negotiations were under way.

A two-day public disciplinary hearing against O'Hare, an 18-year department veteran, was held in July after township Police Chief John K. McGuinness filed administrative charges against the sergeant that alleged he violated rules and regulations by engaging in "conduct unbecoming a police officer."

Attorney Noel Shablik was hired to serve as hearing officer over the proceeding and has set an Oct. 1 deadline for special township Counsel John Iaciofano and O'Hare's attorney, Ashley Whitney, to file written legal summations on their respective positions.

After receiving the summations, Shablik has up to 30 days to write his ruling on whether O'Hare is guilty or innocent of the disciplinary charge.  If he finds the sergeant guilty, Shablik will recommend punishment which potentially could be between 10 and 20 days of an unpaid suspension that would cost O'Hare between $4,400 and $8,800.

Shablik's ruling and recommendations will then be considered by the Morris Township Committee, which has the final say on whether to accept, reject or modify the recommendations.

O’Hare admittedly authored the email dated June 14, 2014 but says it was meant only for members of Policemen’s Benevolent Association Local 133, his own union. At the time, the rank-and-file set of the PBA was involved in contract negotiations and the township was offering a 2 percent wage increase, for each of four years.

O’Hare is part of a subset of PBA 133 that covers superior officers, and contract talks at that time were on hold for those members. Someone used the U.S. Post Office to anonymously mail Quinn a copy of the email, which he received on Sept. 8, 2014.

The email, entered into evidence during the disciplinary hearing, has a picture of O’Hare standing next to a fountain so that it appears he is urinating a stream high into the air. The text reads: “PBA 133’s latest correspondence with BA Quinn.....wash your mouth out with this Tim! Gargle with it! If you have to swallow, just swallow like 2 percent of it. Jerk off. Be safe! SPO.”

Whitney had argued that the email was sent by O’Hare on his private email and is union-related speech protected by the First Amendment. O'Hare, who did not testify at his hearing, had participated in a taped interview with a superior about the email during which he stated the email was an attempt at humor and intended only for union members.

Iaciofano has said that O’Hare couldn't use a protected, union-related speech argument because his specific subset of the PBA was not in contract talks when the email was sent.

Quinn, a former Morris Township police chief who did not have a role in filing the disciplinary charges, said in July the email had the potential effect of “stirring the pot,” and “creating friction” in the police department and township. McGuinness, the chief, called the email "obscene," and said he was “surprised and disappointed” by the image and text.

   Staff Writer Peggy Wright: 973-267-1142; pwright@GannettNJ.com.