'Whistleblower' officer sues Morristown police chief

MORRISTOWN  A police officer has filed a "whistle-blower" lawsuit against the town and Police Chief Peter Demnitz, claiming he was thrown out of the detective bureau and has been accused of being unfit for duty after he complained that the chief was working paid side jobs while on-duty.

The lawsuit on behalf of Officer Keith Hudson, 36, was filed by attorney Matthew R. Curran in Superior Court, Morristown, and made public Tuesday. It alleges that his "statutory rights have been eviscerated" and seeks Hudson's reinstatement to the detective bureau with all requisite salary, seniority and retirement benefits, plus compensation for emotional distress, damages on all lost benefits, wages and rights.

Demnitz, who started on the town Police Department in 1983 and was promoted to chief in May 2004, said "I would love to give my side" but said he was precluded from commenting on the litigation. Mayor Timothy Dougherty could not immediately be reached for comment.

Town attorney Vij Pawar said he couldn't comment because he has not seen the lawsuit, which alleges violations of the state's Conscientious Employee Protection Act, also known as the "whistle-blower law."

Pawar said that, to his knowledge, Hudson did not file a notice of tort claim with the town, which is the statutory prerequisite to filing a lawsuit against a public entity. Plaintiffs are supposed to file tort claim notices within 90 days of an alleged wrong by a public entity. After a six-month period, an actual lawsuit can be filed.

The lawsuit said that Hudson was hired by Morristown in January 2005 and was assigned to the detective bureau in November 2009.  It alleges that Hudson was aware that Demnitz worked as many as three outside jobs during normal business hours, for such entities as PSE&G, JCP&L, Mill Creek Construction, Verizon and Morristown Medical Center while listing himself as present on daily work sheets.

The lawsuit says that Hudson and fellow Officer Eric Petr filed a complaint with the Morris County Prosecutor's Office about Demnitz on July 8. 2014. The lawsuit asserts that the town stopped Demnitz from working side jobs during business hours as a result of the complaint.

The lawsuit does not detail whether the Prosecutor's Office itself took any action but said that Hudson directly called a Prosecutor's Office investigator who would not communicate with him about the case. It is standard policy for the Prosecutor's Office to not comment on confidential investigations.

The lawsuit alleges that Demnitz barely greeted him on a few occasions and that in August 2014 a co-worker asked him if his career was over.  The lawsuit said that Demnitz in August 2014 told Hudson: "I know you have a job to do, but you've changed.  You're not the same cop you used to be."

Hudson complained to a superior officer that he felt he was being harassed. In 2014 and acting as a PBA Local 43 state delegate, Hudson took advantage of a memo from Demnitz that PBA representatives were free to speak to his secretary so he spoke to the woman about pay raises due three officers, the lawsuit said.

The complaint said that Hudson later was advised he was not allowed to speak to the secretary about PBA issues. This past Aug. 1, Hudson was advised by a lieutenant that he was being removed from the detective bureau due to "personnel reasons" but he later found that his position was being filled and another detective was being added to the bureau, the suit alleged.

About six weeks ago, Hudson learned from a supervisor that his "conduct" was violating department rules and regulations and that Demnitz was questioning his fitness for duty and suggested he seek counseling, the lawsuit said.

"Plaintiff suffered the adverse actions...because of his having engaged in activities protected by law," the lawsuit said.

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