Spotswood chief: Mayor thinks town 'is her own little empire where she can make the rules'

SPOTSWOOD – The legal battle between the borough's top two police officers and Mayor Jackie Palmer has accelerated, with Chief Philip Corbisiero and Acting Captain Nicholas Mayo going to court to have their disciplinary charges dismissed and their suspensions lifted.

Spotswood is now facing a half dozen lawsuits involving conflicts between the police department and the borough administration.

In their lawsuits filed separately, Corbisiero and Mayo argue that the borough and Palmer have violated provisions of the state Attorney General's Internal Affairs Policy and Procedures (IAPP) by bringing the charges against the two on March 26. The two superior officers were also suspended that day.

Borough Attorney Victoria Flynn said the borough does not comment on pending litigation or personnel issues.

The lawsuits in Middlesex County Superior Court accuse the mayor of exceeding her authority by not referring allegations of misconduct against the officers to the Middlesex County Prosecutor's Office or the state Attorney General's Office for investigation.

In Corbisiero's suit, Gina Mendola Longarzo, his attorney, called the mayor's suspension of Corbisiero "rogue and illegal."

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The mayor "wishes to be judge, jury and executioner here and believes that she can supersede and override the proper investigations and dispositions made by the Middlesex County Prosecutor's Office, but she cannot by law," the lawsuit argues, adding that the "Palmer Administration needs to stay in its lane and stop trying to assert powers they are not legally entitled to exert."

In a brief supporting a show cause order to dismiss the charges, Mendola Longarzo argues that Palmer's "latest attempt at a blatant power grab demonstrates her lawlessness and utter disregard" for the chief's rights.

Mendola Longarzo also contends the "bogus" disciplinary charges were "nothing more than a pointed, political stunt undertaken outside the law for solely personal, nefarious reasons."

The brief also alleges that Palmer is acting as if Spotswood "is her own little empire where she can make up the rules, take any tyrannical action she likes and ignore enacted laws."

Both lawsuits argue that Palmer "usurped" the chief's authority in investigating Mayo, the head of the police department's Internal Affairs Division, and bringing the disciplinary charges against the acting captain.

Palmer "took on the role of police chief and of the Middlesex County Prosecutor's Office by trying to discipline and charge law enforcement officers when she had no legal right to do so," Corbisiero's lawsuit alleges.

Both lawsuits say that Palmer relied on a lawsuit filed earlier this year by five police officers, alleging that Corbisiero and Mayo, along with another officer Richard Sasso, "have factionalized the department in a personal vendetta they have against the mayor … borough administrator and anyone who is not part of the plot to oust the mayor and borough administrator are the enemy to be targeted by Internal Affairs and/or arbitrary progressive discipline given or ordered by Mayo independent of Internal Affairs."

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But Corbisiero and Mayo argue that charges in that lawsuit have not been substantiated and should not be used to justify the disciplinary charges.

Corbisiero and Mayo also argue that only Borough Council, not the mayor, has investigatory powers.

Corbisiero also alleges that Palmer cannot seek to remove him as chief without notice to the Borough Council and she hold a hearing before suspending him.

In his lawsuit, Mayo alleges that he was never notified in writing that he was the subject of an Internal Affairs investigation or that he was interviewed as part of the investigation before the charges were filed.

Mayo also alleges that the disciplinary actions should be dismissed because they were filed more than 45 days after the alleged actions were performed.The 39 pages of charges against Corbisiero cite 13 violations, from failing to ensure a safe environment for employees and creating a hostile and intimidating a hostile work environment for the borough business administrator to compromising the borough's legal interests and failure to ensure adherence to the department's social media policy.

The 26 pages of charges against Mayo also cite 13 violations, ranging from incompetency to insubordination to neglect of duty and sexual harassment.

Superior Court Judge Michael Toto has scheduled a May 30 hearing on Corbisiero's show cause order.

Email: mdeak@mycentraljersey.com

Mike Deak is a reporter for mycentraljersey.com. To get unlimited access to his articles on Somerset and Hunterdon counties, please subscribe or activate your digital account today.

This article originally appeared on MyCentralJersey.com: Spotswood police chief: Mayor thinks town 'is her own little empire'