Veteran Dover police Sgt. sues town for emotional distress

A second Dover police officer has sued the town and department, this time alleging that his First Amendment rights were violated and his complaints about deficiencies and possible misconduct in the detective bureau have gone ignored.

Sgt. Richard Gonzalez, 49, the department's former public information officer, filed a federal lawsuit in U.S. District Court that alleges he has been retaliated against, harassed and removed as of April 1 from the detective bureau, in violation of protected speech rights under the state and federal Constitutions. Gonzalez also is suing under the Conscientious Employee Protection Act, also known as the whistleblower law.

In July, Officer Timothy Thiel filed a whistleblower lawsuit in Superior Court, Morristown, that alleged he was harassed and taken out of the detective bureau after he complained of fellow officers abusing sick and vacation time, among other issues.

Gonzalez, who joined the department in 1991, said in his suit that he was assigned to the detective bureau in November 2010 as a detective sergeant and tasked with motivating, disciplining and improving case quality. The bureau then was "suffering from a lack of leadership, detectives' neglect of cases and a hostile environment between detectives due to a criminal investigation being conducted by the Morris County Prosecutor's Office against the detective bureau," the complaint said. It did not describe the nature of the probe.

In 2010 and 2011, Gonzalez threw his support behind unsuccessful mayoral candidate Daniel Martinez, who was opposing Mayor James Dodd for the seat. Martinez's platform included a call for more government transparency and an allegation that there was too much crime in town. The lawsuit said that Gonzalez was entrusted with releasing to the public arrest and investigation information but "Mayor Dodd responded to this protected activity by seeking plaintiff's removal from the Detective Bureau and PIO position."

Dodd, in an interview Tuesday, said he didn't retaliate against Gonzalez nor ever took action to see that he couldn't be promoted to lieutenant. The lawsuit said that Dodd told others that Gonzalez would never be promoted. Several years ago, the town restructured the department by hiring Public Safety Director Richard Rosell, who was designated to release police and fire news. At the same time, a vacant lieutenant's position was eliminated as were two captain's positions once the men in those jobs retired, Dodd said.

"I felt there was too much brass in the department and not enough patrolmen. I can't justify that amount of supervision in the department," Dodd said, noting that at one time the force was comprised of 50 percent superiors and 50 percent patrol officers.

"It didn't matter to me who Sgt. Gonzalez supported," Dodd added. "Obviously anyone can support anyone they choose."

The lawsuit contended that Dodd and now-former Administrator William Close alleged that Gonzalez was trying to undermine the office of mayor after he engaged in free speech by posting on his personal Facebook page an account of a man being found with two loaded guns and crack cocaine at the Dover train station, and commenting: "The mayor tells everyone Dover is as safe as can be, BS."

The federal lawsuit echoes charges in Thiel's lawsuit that note how motor vehicle tickets issued in 2011 to a campaign worker of Dodd's were mysteriously dismissed in municipal court, without notice to Thiel, who issued them. The lawsuit said that Gonzalez brought the dismissal to the attention of the Prosecutor's Office, which investigated but in the end found insufficient evidence to bring criminal charges.

The lawsuit highlights that Dodd and Close instructed Chief Harold "Butch" Valentine to remove Gonzalez as PIO but the chief declined. The complaint also describes a deteriorating relationship between Gonzalez and Lt. Barry Young, who allegedly ignored his complaints about "an underachieving" detective on his squad. Gonzalez claims that Young described this detective as "untouchable" and his "best friend."

Young was not immediately available for comment. Gonzalez contended that he also tried to communicate with Young on multiple occasions about his perception that internal affairs investigations were being manipulated but that Young either ignored him or expressed irritation.

The lawsuit said that Gonzalez also has complained that Young and Lt. Frank Coppinger -- who declined comment on the lawsuit -- have been working shifts of four, 10-hour days followed by three days off, in violation of the collective bargaining agreement. Young allegedly became irate when he learned that Gonzalez was questioning the shifts, according to the lawsuit.

As Thiel's lawsuit elaborated, Gonzalez said he has been harassed in recent months by nasty messages left on a dry-erase board at headquarters. The complaint said that Young has undermined him by giving him a day to complete officer evaluations and then changing the format so that it appeared Gonzalez did not properly sign off on them.

Gonzalez and Thiel were both removed from the detective bureau on March 26, effective April 1. Gonzalez said he had been engaging in whistleblowing activities that included allegations of officers misusing time, leaving graffiti, and underperforming. On July 8, the lawsuit said, Gonzalez was called into a meeting with Valentine, Coppinger and Young and placed in a corner of the room "thereby creating an atmosphere of intimidation."

The lawsuit said that Valentine -- who was not immediately available for comment Tuesday -- accused Gonzalez of "disrupting the operations of the police force."

"There was no purpose for this meeting except to harass and intimidate plaintiff; nevertheless, plaintiff complied with attending and speaking at the meeting so as not to risk facing discipline," the complaint said.

The lawsuit seeks compensatory and punitive damages, back pay, front pay and emotional distress damages for alleged humiliation, embarrassment, physical manifestations of emotional distress, loss of income and benefits.

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