Mendham Twp. police chief says officers don't profile drivers

• Veteran officer sued department, saying he wasn't promoted because he refused to profile motorists

MENDHAM TWP. Rebutting a lawsuit that claims police officers are ordered to target young drivers for tickets, Police Chief Steven Crawford on Tuesday adamantly defended his department as a law-abiding force that does not profile motorists based on age, race or ethnicity.

Instead of taking a customary position of "no comment on pending litigation," Crawford called a press conference to refute allegations made in a lawsuit filed last month by 16-year township Officer Robert Wysokowski, 43. Crawford was joined by 11 of his 14 officers at the conference he said was held to reflect only the position of the police force, not the township committee, which also was sued by Wysokowski.

"The allegations have affected the morale of the agency and quite frankly, have cast a cloud over the department. We do not profile young drivers. We do not have ticket quotas. We do not profile drivers based on age, race or ethnicity. My officers are extremely proactive," Crawford said.

"My officers need someone to stand up and say 'we're doing nothing wrong,'" Crawford said.

Wysokowski's attorney, Jeffrey D. Catrambone of Clifton, later issued a statement that called the chief's press conference "a dubious public relations move."

"Earlier today, in a dubious public relations move, the Mendham Township chief of police conducted a press availability which included the curious presence of a criminal defense attorney, present in his words as a 'friend.' This office attended and videotaped the press availability as well as obtained a copy of a statement which was released by the chief, all of which is now evidence in this litigation," Catrambone wrote.

"In his commentary, the chief does not directly deny the allegations but generally says he does not instruct his department to 'engage in conduct that is either illegal, unconstitutional or violates the rights of any person."

Catrambone continued: "We stand by every word of our lawsuit on behalf of Officer Wysokowski which targets the policies and mandates of this chief and the commanders of that department. Officer Wysokowski's lawsuit, which does not target fellow officers, blows the whistle on the illegal policies and mandates of this chief and we will prove that in court."

"Right now there are special interests seeking to limit and curtail protections for conscientious employees in this state. Clearly, in this day and age, we need protection for whistle-blowers like Officer Wysokowski," the statement said.

The chief was joined at the press conference by attorney Edward Bilinkas, a close friend who recently challenged in Superior Court the actions of some township officers in interviewing and arresting his client Vincenzo Viola. Bilinkas, who frequently defends police against criminal and civil allegations, said he admired Crawford for being "bold" and speaking out.

"With lawsuits it can take literally years for the truth to come out," Bilinkas said.

Township Mayor Maribeth Thomas was not immediately available but Committeeman Richard Merkt said he didn't want to comment while the litigation is pending.

Crawford said he does not believe that any ticketed motorists have tried to give police a hard time or fought tickets based on some of the allegations in Wysokowski's complaint, which made national headlines. He said he is so confident that officers are not profiling motorists that he welcomed the professional standards unit of the Morris County Prosecutor's Office to review department records.

The chief said that his relationship with Wysokowski is "status quo" and that he is treated the same as other officers. He said he has no insight into why Wysokowski chose to file a lawsuit in Superior Court, Morristown, but added that "Traditionally, lawsuits are done for personal gain."

He said he prides himself on a department that has "taken tremendous strides against drug activity," and through patrol details in the past eight months seriously reduced excessive speeds motorists were doing in a construction zone around the Route 24 bridge corridor.

"The allegations made against my department in the lawsuit are not true. My officers do not engage in illegal acts," Crawford said.

Wysokowski filed suit under the state's Conscientious Employee Protection Act, also known as the Whistleblower Law. He alleged he has been bypassed twice for promotion and is being denied overtime opportunities because he refuses to target young motorists for tickets. He claimed that he has been urged to stop cars for virtually no reason at all because he can "always find something wrong" to cite, and that Crawford and a sergeant told him to find drivers and passengers in their late teens and early twenties, follow them and wait for a violation.

"Plaintiff refused, stating that he seeks to enforce motor vehicle violations which are actually observed, regardless of the profile of the driver," the lawsuit said.

The complaint seeks promotion to sergeant, punitive and compensatory damages for "all lost benefits, wages and rights," and damages for emotional distress.

The lawsuit said that Wysokowski also was told to look for vehicles with a County College of Morris parking permit or other identifiers of youth and to stop those cars.

The lawsuit alleges that 2005 was the beginning of a continuing pattern of retaliatory conduct that still continues. Those alleged actions have included reprimands for draining the battery on a police vehicle, being visited at home when he called in sick, being accused of failing to meet ticket "quotas," being denied overtime chances and being passed by for promotion twice to sergeant in the 15-officer department, including last year.

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