Suspended Dover police lieutenant sues town
DOVER - Police Lt. Barry M. Young Jr., one of the highest-ranking members of the department who was suspended with pay nine months ago, has sued the town, mayor and administrator, saying he was retaliated against because of his support of now-former Police Chief Harold "Butch" Valentine for mayor last year.
Young's lawsuit, filed in state Superior Court, Morristown, by attorney Christopher L. Deininger, also cites violations of the state's Conscientious Employee Protection Act. The suit says that in 2015, town Administrator Donald Travisano allegedly demanded that Young -- then the department's commander of internal affairs -- turn over documents containing private healthcare information about another police officer and Young refused.
Edward Bilinkas, the attorney hired by Young the day after he was suspended on June 10, 2015, has said the town has not responded in any way to his communications nor turned over any "discovery" related to reasons why Young was suspended with pay and ordered to turn in his badge and gun.
The preliminary notice of disciplinary action served nine months ago states that Young could be suspended for 180 days, removed, demoted to patrolman from lieutenant, or asked to resign, not in good standing. The notice accuses Young of inefficiency, inability to perform duties, conduct unbecoming a public employee, neglect of duty, misuse of a town vehicle, evading responsibilities, and other conduct. Among the alleged infractions, Young failed to properly maintain records relating to firearms training and other training for officers and failed to report an incident between two officers involving a knife, the notice says.
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The lawsuit contends the disciplinary action is manufactured and is a form of harassment and retaliation for Young's support of Valentine, the former police chief, and his campaign against incumbent Mayor James P. Dodd. The suit also says that Young's suspension, over which he has been denied a prompt hearing, is in retaliation for his refusal to give Travisano confidential documents related to healthcare issues of another officer.
In response to a request for comment, Travisano said Wednesday in an email: "The town has no comment on ongoing litigation and personnel matters. The town is certain that once adjudicated, the suit will prove to be a fruitless vehicle from a disgruntled employee." The mayor has not yet responded to a request for comment.
Last June, the now-retired Valentine had challenged Dodd in the Democratic primary election for mayor. Before the primary election, Travisano had suspended Valentine, saying he had violated his department's rule of requiring the approval of the Morris County prosecutor before seeking elective office.
Valentine declined to drop out of the primary and was briefly suspended. But then in response to a lawsuit he filed, Valentine was reinstated in April 2015 and allowed to continue his candidacy but he was defeated by Dodd in the June 2, 2015 Democratic primary.
Young's lawsuit said he was a loyal supporter of Valentine for mayor and even aspired to be appointed police chief after Valentine's departure. After the primary, Valentine was served with disciplinary charges by Travisano but wound up settling the allegations and retired as of Dec. 1, 2015.
The suit says that Young advised Travisano in April 2015 that his suspension of Valentine was retaliatory, unlawful and in violation of the state Attorney General's guidelines.
"Defendant Travisano (on behalf of defendant Dodd and the other defendants) made it clear to Lt. Young that his job and career were equally on the line and that it was only a matter of time before Lt. Young would as well be the target of unlawful harassment, retaliation and persecution as a result of his decision to support Chief Valentine's bid for political office," the lawsuit said.
"During their exchanges concerning Chief Valentine, Lt. Young observed that defendant Travisano was angry, agitated and upset with Lt. Young's support of Chief Valentine's bid to run for office, and that the defendants would likely retaliate against Lt. Young as a result," the suit said.
The issue of Valentine's mayoral candidacy was resolved by Superior Court and, a week after the primary, Young was suspended with pay from his job that pays about $130,000 annually. The suit also says that Travisano, in response to a complaint made against Young by another officer, conducted his own internal affairs investigation when he had no authority to do so.
The lawsuit said that Young, who started his career in law enforcement at the age of 34 and has been with Dover since 1994, enjoyed a career in which he quickly became a detective and then rose to the rank of lieutenant -- essentially a right-hand man to the police chief. It said he labored for two years to address deficiencies and issues within the department so it could be accredited but his efforts were derailed in 2015 when he was suspended, a day before he was scheduled to appear before the New Jersey Law Enforcement Accreditation Commission.
Dover has not named a police chief since Valentine's retirement and the department is run by Lts. Anthony Smith and Frank Coppinger and civilian Public Safety Director Dominick Saldida.
Young's lawsuit says he has suffered emotional stress, humiliation and that his family's livelihood has suffered by his inability to work overtime, accrue and receive additional income and benefits. It said that Young's right to remain an active employee of the department and to develop and excel in his law enforcement career, along with his constitutional rights to free speech and freedom of association, have been violated.
The lawsuit is seeking compensatory, punitive and other damages from the town of Dover for lost pay and benefits, and disruption to his career, name and reputation, and for emotional distress, anxiety, humiliation and embarrassment.
Staff Writer Peggy Wright: 973-267-1142; pwright@GannettNJ.com.
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