Morris sheriff files third lawsuit against county

Morris County Sheriff Edward V. Rochford has filed a new lawsuit against the county freeholders that shows he has renewed his proposal to give employees merit bonuses despite freeholder objections.

He now proposes bonuses of $2,250, $250 less than his original plan.

Rochford, the sheriff since 1993, last sued the freeholders, County Administrator John Bonanni and County Treasurer Joseph Kovalcik Jr. in December over the freeholders’ opposition to his plan to bestow bonuses of $2,500 each on about 275 of his officers and civilian staff who were employed as of Dec. 31, 2013.

But Rochford withdrew that taxpayer-funded lawsuit on Dec. 12 before a court hearing scheduled for the same day. He conceded that an expert he had retained made incorrect financial calculations about surplus funds in his budget.

Rochford also sued the freeholders in July over his perception that the freeholders would not pay for nine to 11 officer recruits to go through the county Public Safety Training Academy. He withdrew that lawsuit, also funded by taxpayers, after receiving assurances that the recruits were on the payroll. County officials say budget discussions will have to occur this year on staffing levels in the office.

The sheriff could not be reached for comment Friday.

By midafternoon Friday, the county had not yet received all legal documents related to the latest lawsuit that was filed with state Superior Court Judge Yolanda Ciccone in Somerset County. County Counsel Daniel O’Mullan had received a “Order to Show Cause” with temporary restraints that the judge is scheduled to hear Tuesday in Somerville.

The OTSC requests that the county, administrator and treasurer be restrained from transferring or removing money from the 2014 sheriff’s office’s salary and wages budget or from the office surplus. It also requests that the officials be restrained from “interfering with or otherwise preventing or frustrating the sheriff’s directive ordering incentive payments to eligible employees.” The “incentive payments” is a reference to the bonuses the sheriff wants to hand out and to which all seven freeholders oppose.

The restraints, if granted, would be in effect until a ruling is made on whether the sheriff has the authority to give bonuses.

The board had opposed the bonus payouts in December because it believed the sheriff lacked the authority to unilaterally dole out extra money to selected employees. More fundamentally, the sheriff did not have the nearly $700,000 in surplus funds he needed for the bonuses, according to the county.

The sheriff has modified his proposal to give officers $2,250 a piece. County officials also had contended that bonuses would be unfair to others in the county workforce of 1,757.

Rochford’s financial expert had estimated that his office would have a combined surplus of $1.5 million at the end of 2014. Rochford, in October, directed Kovalcik to disburse nearly $700,000 in bonuses out of surplus funds to sworn officer and civilian employees in two bureaus.

The county refused, contending that Rochford’s calculations were wrong. He sued and then withdrew his lawsuit after Kovalcik certified that the Sheriff’s Office would have just an estimated $639,476 in surplus at the end of 2014.

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