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IIhI'' Gonzalez/Savage vs. Neptune Township, et al
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Gregory K. Turner Consulting &Investigations, LLC


.'" ..iff •'..,• '»i: 27SunnieTerrace West Caldwell, New Jersey 07006
1/29/2014

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INVESTIGATION REPORT

29 January 2014

On14 August2013, a letter of representation was sent to G A Esq..


Township Attorney for Neptune Township, from C. L C . Esq.. an attorney
from the law firm of Smith Mullin, P.C., Montclair, New Jersey
Ms. O stated that her firm represented E G and
C S regarding allegations of countless acts of discrimination,
sexual harassment, and a hostile workplace environment.

I am a licensed New Jersey State Private Investigator, License #8833, and I have
been retained by the Neptune Township Administration to conduct an independent
investigation with respect to the allegations set forth in Ms. Centonze's letter, EEOC
Complaint No. 624-2013-00726 re: C S , EEOC Complaint No. 624-2013-
00728 re: E G , and EEOC Complaint No. 524-2013-0082 re: E
G

INTERVIEW SCHEDULE:

Total interviews: 36

*AII persons interviewed are currently or were employed by the Neptune Township
Police Department uriless otherwise indicated.

Tuesday, 11 September 2013 (2)

E G

C S

Tuesday, 25 September 2013 (3)

(ret.) R A , J H , A
L

Wednesday, 26 September 2013 (2)

Page 1 of 74
INVESTIGATION REPORT

ME. M G

Thursday, 27 September 2013 (2)

D F . C C

Sunday, 7 October 2013 (1)

A E

Wednesday, 10 October 2013 (1)

S L

Thursday, 11 October 2013 (5)

M Z . R B

M D'A . P S

Monday, 15 October 2013 (2)

M W . M K

Friday, 19 October 2013 (1)

K S.

Monday, 22 October 2013 (1)

F J

Wednesday, 24 October 2013 (1)

K D

Tuesday, 30 October 2013 (2)

E G (2"" Interview),
C 'S (2"*^ Interview)
Thursday, 8 November 2013 (8)

D F (2"^^ Interview), R M

J A , K D (2"*^ Interview),

Page 2 of 74
INVESTIGATION REPORT

^ MK , • c N .
B T .Ms. HollyRhinehardt
Monday, 19 November 2013 (1)
L F

Tuesday, 20 November 2013 (1)


L F (2"*' Interview)
Monday, 26 November 2013 (1)
M E (2*"^ Interview)
Tuesday, 27 November 2013 (1)
J M C

Friday, 6 December 2013


j H ^2"*^ Interview)
RESTRICTIONS OF INTERVIEWS-

There were no restrictions placed on any Interview in terms of the scope of questioning
location for the interviews, time allotted for each interview, and no person was restricted
from being interviewed. Neptune Township officials and police administration fully
cooperated during the process. It was agreed upon prior to the start of this investigation
that the interviews would not be recorded.
All interviews were conducted at the Neptune Township Administration Building. 26
Neptune Avenue, Neptune, New Jersey unless otherwise Indicated.
LEGAL REPRESENTATIQM'

Neptune Township is represented by the law firm of Apruzzese. Mc Dermott. Mastro &
Murphy, Somerset Hills Corporate Center, 25 Independence Boulevard, Liberty Corner,
N.J.

^ Q is represented by the law firm of Smith Mullln, P.C., 240


Claremont Avenue, Montclair, N.J.

C S is represented by the law firm of Smith Mullin, P.C.,


240 Claremont Avenue, Montclair, N.J.

Page 3 of 74
INVESTIGATION REPORT

PnLl fcAm were represented


Police (FOP requested
by Drepresentation
,J. D S through the Fraternal
of Damloo. Order&of
Del Saido
Montanari, LLC, 300 Lackawanna Avenue, Woodland Park, N.J.
The police officers that requested representation through the Police Benevolent
&Aaron, 1500 Lawrence Avenue, Ocean, N.J, " Jr. Esq. ofAnsell, Grimm

SEXUAL HARAfiRMFNT POLICY-

ilDepartment
IS part of their Police Department Rules andhas asexual harassment
Regulations under Articlepolicy In effect that
IX, Sexual
Harassment. This Article describes sexual harassment as any unwelcome, offensive
sexual behavior, either physical or verbal, which embarrasses, humiliates, or intimidates
S^e Chtefof pl!ltocomplaints of this nature to the office
NATURE OF ALLEBATinM.<f

P n ^
. K w i. to numerous acts of discrimination
been subjected ^ ^ and sexual
have harassment
witnessed and
The
Officere alleg^ that they have been denied training, special assignments and
promotions. They also allege retaliation after bringing notice of the unwelcomed
harassment and discrimination to the Police Administration, speoificaliy by
A
RI . ^
. All
Wi~ B , J
I H
>n ,
^ The aforementioned allegations were
presentedforinNeptune
Attorney a letter dated 14 August
Township, from C.2013
L andCsent to G
,Esq.,Aattorney, Esq
for ' Townshiu
0078 and k12013-0082®; ' 52^-2013-00726, 524-2013-
DOCUMENTS REVIEWEn-

The below listed documents were provided by Neptune Township Administrators and
the Neptune Township Police Department. The law firm of Smith Mullin, P.O. declined to
provide any documents regarding this investigation.
1. Letterof representation, dated 14 August 2013, from C. L O Esq
regarding complainants e G and c
3

Page 4 of 74
INVESTIGATION REPORT

2. Letter, dated 29 August 2013, from C. L C . Esq. (Smith Muliin, P.C.)


to J C , Esq. (Apruzzese, Mc Dermott, Mastro & Murphy, P.C.) re:
H A 'L &0 G meeting on 29
August 2013 regarding retaliation.

3. Letter in response to the aforementioned allegation prepared by J.


0 . Esq. and sent to C. L 0' , Esq.

4. Letter, dated 6 November 2013, from N. E S , Esq. (Smith Mullin,


P.C.) to J 0 Esq. (Apruzzese, Mc Dermott, Mastro & Murphy, P.C.)
re: Preservation of Evidence.

5. EEOC Complaint No. 524-2013-00726 and attached addendum regarding


C S

6. EEOC Complaint No, 524-2013-00728 dated 21 May 2013 regarding E


G

7. EEOC ComplaintJJo. 524-2013-00882 dated 08 July 2013 regarding E


G

8. Letter to M B , dated 12 July 2013, from <


E G regarding harassment by H and
M E

9. Neptune Township Code, Chapter II, section 2-10 Police Department.

10. Neptune Township Police Department Rules and Regulations with attention to
Article Hi Table of Organization (duties and responsibilities of a sergeant and
detective), Article IX Sexual Harassment, as well as Department Property and
Equipment, page 53, Section 5.

11. Memo from C S. to A and H


dated 24 May 2013, re: Hostile Working Environment.

12. Memo from E G to H .dated 20 June


2013, re: Hostile Work Environment.

13.Memo from E to H , dated 21 June 2013, re:


G Memo dated 20 June 2103.

14. Neptune Police Department Personnel Evaluation Scoring Sheet for


E G re: Rating Period 01-01-2013 to 03-18-2013.

Page 5 of 74
INVESTIGATION REPORT

15. Neptune Police Department Personnel Evaluation Scoring Sheet for


E- re: Rating Period 04-01-2013 to 06-30-2013.
16. E-mail from C, L . C- , Esq. (Smith Mullin, P.C.) dated 19 November
2013 re: G .removal from the SRO position effective January 2014.
17.Memo (provided by E in reference to removal from tiie SRO
position), dated 11 November 2013, re: 2014 Departmental Schedule (shift
selection for year 2014). Memo signed by G regarding her
selection. 1®', 2"^ and S"*, for 2014.
18. E-mail from. S O to E (provided by
E. ), dated 30 May 2013, re: G unauthorized use of police
vehicle during a field trip.

19. E-mails to E (provided by E ) regarding Extra Duty


Jobs.

20. Middle School and High School Graduation officer assignments (provided by
E .).

21. E-mails from M MG (provided by MG )to


R B andJ A dated 15 February, 29 March, 22
May,24 May,29 May, 21 June, 26 June, 10July. 9July, 24 July, 25 July 31, 20
August, 21 August 2013 re: poor performance by C S .
22. Nine Supplementary Reports and a search warrant affidavit, prepared by
S during 2013, and sent back for corrections byvarious
Detective Bureau supervisors (provided by MG ).
23. E-mail from N E S Esq. (Smith Mullen. P.C.) dated 11 December
2013 regarding G removal from the SRO position and the removal
ofa tactical vest from S by hersupervisor.
24.E-mail from K D dated 9 November 2013. re: crude
pictures/ video sent by ♦ E over his cell phone (e-mail included an
attachment ofa video and crude picture sent to D , by E . Also the e-
mall explained disciplinary procedures for missing an Extra Duty Job.
25. Notice, dated 1 December 2011, posted at Police Headquarters by R
A , regarding Zero-Tolerance Policy against Discrimination and/or
Harassment of any kind.

Page 6 of 74
INVESTIGATION REPORT

26.Material presented by D« B. Rt , Esq. (Gephardtand Klefer, P.C.)


during the mandatory sexual harassment training provided by Neptune
Township.

PRELIMINARY STATEMENT:

Thefollowing Preliminary Statement was read to each interviewee in substantially the


form that follows:

My name is Gregory Turner and Iwould like to read this statement before we begin. I
am a New Jersey State Licensed Private Investigator. My license number is #8833.
I have been retained by Neptune Township to Investigate claims of sexual harassment,
discrimination and a hostile workplace environment presented bytwo members of the
Neptune Police Department; £ G and C
S

Ido not represent G or S and Ido not represent you or


the Neptune Police Department. Iam here as an independent investigator. I am here to
gather the facts, nothing more.
Iwould like to ask you about the allegations, and would like you to answer the questions
honestly and completely.

You should know that the information you provide is not confidential. Although Iand the
Township will make every attempt to keep the information confidential, as should you,
the Township executives and their attorneys will have access to the information and
your interview will become part of the investigative file and my final report.
At the conclusion of this interview, please do notdiscuss your statements or my
questions with anybody.

INTERVIEW PROCESS:

The interview process consisted of interviewing the complainants, E


G and jC S first. The questions presented to the Officers
were based on the allegations presented in the letter of representation sent to G
A , Esq., the Neptune Township Attorney, from C. L C , Esq. ofthe law
firm ofSmith Mullin P.C. The letter was dated 14August 2013.

Page 7 of74
INVESTIGATION REPORT

Those interviewed next were the individuals specified In the 14 August 2013 letter as
participants or witnesses to the allegations of harassment and discrimination.

Upon completion of the aforementioned interviews, G and


S were interviewed a second time. The second interviews of the
produced additional Information and witnesses to incidents that occurred after their
initial interview.

In continuing this investigation, additional new witnesses were interviewed, as well as


others who were interviewed for a second time.

As each individual is interviewed, the allegation specific to that individual is highlighted


at the beginning of their interview.

INTERVIEWS:

Date: 11 September 2013

Interview of: E G

Allegation: Refer to letter ofrepresentation and EEOC Complaints.


Location: 240 Claremont Avenue, Montclair, New Jersey
Also Present: N E S , Esq. and 0. L Ci Esq.,
Smith Muilin, P.O., 240 Claremont Avenue, Montclair, New Jersey
E G has been employed bythe Neptune Township Police
Department for seven years. Priorto becoming a police officer, G was a
dispatcher for the Police Department. G is presently assigned as a
School Resource Officer (SRC) at the Neptune Township Middle School. Prior to that,
G' was the SRC at Neptune Township High School.
VWien school is not insession, G is assigned to the Patrol Section.

Page 8 of 74
INVESTIGATION REPORT

With respect to training, G stated that she has requested to attend


training at the Monmouth County Police Academy on numerous occasions. According to
G* . she has attended at least ten courses on her own time and at her own
expense. All of the courses were relevant to her present assignment at the time.
The stated she has never been offered training or a specific course by the Police
Department. G said she requested adversity training and leadership
training, and was denied. Others were sent in her place.
G stated she questioned R A regarding training,
A replied, "I'll tell you where you can go."

G said she was an SRO in the High School for two years before she was
sent to SRO training. The stated she also requested to be considered for tactical
training while assigned to the High School.

According to G , H- denied the training and told


G "You'll have to sacrifice yourself."

With regard to special assignments, G stated that she has requested


several times to be considered for the QualHy of Life unit, and was denied.
G was told it was because she was a single mother.
The also expressed an interest to be assigned to the Monmouth County Task
Force and the FBI Task Force. According to G , A makes all
of the decisions as to who is assigned to the various task forces. There is no formal
application process. O G stated she has requested on at least two
occasions to be considered, but never received a response from the or

With regard to promotions, O G stated she has interviewed for the


promotion to sergeant three times, 2011,2012, and 2013. When there is a vacancy, the
township will post the opening. The candidates will file a resume and will be notified of a
date to appear for an interview before the Chief of Police and two captains. The
candidate must have at least five years service before applying for the position.

G stated that the questions are changed for each candidate. The
questions seem to be specific to the male and female candidate. As an example,
A asked G a question regarding a football position she would like to
play. In G 's opinion, it had nothing to do with becoming a sergeant.
According to G , the questions were not geared toward her expertise and
it was set up so she would fail.

Page 9 of 74
INVESTIGATION REPORT

During one interview, according to O G , A asked her ifshe


wanted to be Chief, and then laughed at her

G stated she has superior qualifications to those who have been


promoted. G. said she worked on government contracts and in
management prior to joining the Police Department. She went to two Police Academies,
and she is community oriented. With respect to education, the male police officers who
were promoted did not have a similar background. G stated that holds
true for each time she interviewed for the position.
According to G , the present promotional process is set up to encourage
fundamental favoritism. There is nothing specific within the Rules and Regulations,
Ordinancesor the PBA contract that addresses a grievance procedure with respect to
promotions.

With regard to M E . G stated she has witnessed


the place his hands in the area of his genitals, point his penis at others as ifhe
is shooting them, and say "pow-pow-pow". The has done this while in uniform
and in plain clothes.

E; has done this in the presence of G , but usually in the


direction of a nearby officer. This takes place in the briefing room, during the workday,
and In the parking lot. G stated she is disgusted by it.
G stated that the other three female officers employed by the Police
Depar^ent (other than she and S ) have also witnessed this
harassment, but she did not know ifthey had filed any complaints against
E G said E continued to do this until he had
knowledge of the EEOC Complaints. Itappears to have ended.
G provided the names of other officers, male and female, that have
witnessed this harassment: F J , M
W ,Ki D. .M K .0 C S L ,andA
E

When Ci E was a sergeant, according to G' , they were In the


briefing room prior to shape-up. when then 2 walked in, E said to
Z , 1 fisted your wife the night before." 2 responded by saying the same thing to
E

G said she became very upset, E had never been that vulgar
before. G stated she approached E and told him he made her

Page 10 of 74
INVESTIGATION REPORT

feel very uncomfortable. According to O G ,E apologized. He


became agitated, but tie apologized.

G stated the issue resurfaced during her evaluation In February 2013.


E gave her a bad evaluation, citing poor decision making on her part.
G stated that E does this because he lacks respect for
women.

G said there was additional harassment in December 2011 when


somebody placed a magnet on the police vehicle she uses to take to the High School.
The magnet said. "I (heart shape) my penis."

G reported this to B and A A


told her to, "get thicker skin, lighten up." G said she told A
that an incident like this undermined her authority at the High School. She leftthe
parking lot with the magnet still on the police vehicle, and only found itafter another
officer stopped her. G said she felt it was intentionally placed on the
vehicle she uses as a form of continued harassment.

G said she later learned that K S was called


into A' office because it was teamed that S was observed
taking a picture ofthe magnet. G< said there was no investigation and
nothing became of It.

G stated the harassment continued, whereby, a message in the form of a


Word document was left on the Mobile Data Terminal (MOT) in the police vehicle she
was using. The message stated, "I am B T and I like penis!!! Nothing makes
me happierthan a large penis in my mouth with semen ejaculated down my
esophagus."

G said she did not know who sent the massage and did not know if it
was meant for her. She confronted T . but he stated he did not know
anything about it.

According to G , she filed complaints with C A


E , L and M G .but her complaints were dismissed
so many times, she felt defeated. A told her, according to G
"Get used to it" early on in her career.

G said that she filed an EEOC Complaint in April 2013 and the Police
Department became aware ofthe complaint on 7 May 2013. A called a
meeting with his supervisors, and, according to G . they were told to

Page H of 74
INVESTIGATION REPORT

watch themselves around G and S , because they are


overly sensitive.

After that. G said there was a marked change in the way she was treated
by the supervisors and her peers. She was denied an opportunity to teach at the Police
Academy and denied opportunities to work extra duty jobs.

G stated that, In May 2013. she learned from school administrators and
her peers that she was being removed from her SRO position at the High School. When
she approached A about it, he stated he did not know where she was going.
It was not up to him, he was retlnng. There was never a transfer order published, but in
September 2013, G was told she was going to the Middle School as an
SRO.

G stated that there was not any investigation conducted by internal


Affairs or any supervisor based on her complaints, but A did talk to her about
them.

G said she wrote a letter to M B on 12 July


2013, making him aware of continued harassment, specifically by H
and E .According to G , H accused her
of being deceptive, referencing an incident regarding a Request to Void Summons she
prepared. G stated that she had responded to a motor vehicle accident.
During the course of her investigation, G issued one of the drivers a
summons for failing to produce his registration. Shortly thereafter, while was still with
the driver, the registration was located.

G filled out a Request to Dismiss or Void Complaint form and tumed it in


to SO who forwarded it through the chain of command.
H returned the request to E with questions regarding its
validity. E ordered P S to interview G
This was part of an internal Affairs investigation that H initiated against
her with some form of discipline. G further stated that E
accessed the video from her patrol vehicle from the accident investigation and
questioned why G 's microphone was not turned on. According to
G , it did not need to be tumed on during this type of incident.

G> stated she feels she is being harassed by H and


E because she filed the EEOC Complaint. G stated she
became physically III after talking to S and went home sick for several
days.

Page 12 of 74
investigation report

Date; 11 September 2013

interview of: C S

Aliegation: Refer to letter of representation and EEOC Complaints.


Location: 240 Claremont Avenue, Montclair, New Jersey
Also Present: N E S , Esq. and C. L C , Esq.,
SmithMuliin, P.O., 240 ClaremontAvenue, Montclair, New Jersey
C S has been employed by the Neptune Township Police
Department for 16 years. She Is presently assigned to the Detective Bureau, and has
been in that assignment since December 2012. Prior to that, S was
assigned to the Patrol Section.

S stated the rank of detective is not a promotion, it is a lateraltransfer.


She is not assigned to a specific area, such as burglary or sex crimes. When a case
comes in, it is assigned to a detective to perform a follow-up Investigation.
S stated that she has requested to attend classes for Hostage
Negotiation, Sex Crimes, and Homicide School, and her requests were denied. The
Detective stated she has had to pay for her own training in the past, while her male
counterparts never do. According to S , the male officers are sent to the
good schools.

S said she has expressed an interest inthe Quality of Life unit, but was
denied. The was told itwas because she was a single mother.
According to the , she has also expressed an interest in the Monmouth County
Task Force and the FBI Task force, but the (' A ) selects who he wants.
There Is no formal application process. According to S she asked
A how to apply for the various task forces, and he replied, "It's not for you to
know."

With respect to promotions, S. stated she has interviewed for the


promotion to sergeant ten times and has never been promoted. S said
the questions are different for each candidate, specific to the individual candidate. The
questions for the male officers are different than those presented to the female officers.
S stated that the Neptune Police Department does not take the female
officers seriously.

Page 13 of 74
INVESTIGATION REPORT

When asked ifthere were any discriminatory remarks made during any one ofthe
interviews, S said that L saidto her, "What makes you
think you'd be a bettersergeant than me?"
S: stated she is morequalified than the male officers that have been
promoted recently (December 2012 and March 2013) because she has 16 years of
service (15 as a patrol officer), a college degree, and hassentherself toschools. The
male officers had disciplinary records and did not measure up. Some ofthe male
officers did not have as much time in patrol as she did.

S. said thatyour seniority Is a factor in the selection process, but your


seniority does not mean you're intelligent enough for the position ofsergeant.
S stated that after the vacancy announcement for the March 2013
position for sergeant, two additional candidates were allowed to apply after the
announcement had expired, because both officers were on temporary assignment
elsewhere, and the Police Department had foipotten to notify them.
S said she was out of work during the 2010 and 2011 vacancy
announcement, but nobody called her to let her know about the vacancy.
The decision as to who is promoted Is made solely by the Chief.
S stated that she has witnessed M E place his
hands on his genitals, point his penis at other officers, as if toshoot them, saying "pow-
pow-pow." The stated that E does this frequently; he thinks it
is a joke.

With regard to the magnet that said "I (heart shape) my penis" and was placed on the
police vehicle used by G , S said she did not see it, but
heard about It. S said that G was angry and offended by
it.

S stated she has had conversations with A


^ L , and M G a couple oftimes
regarding harassment towards her. There was never any investigation done.
S said A told her, "get used to it, it's the culture here." "It's a
male-dominated field." S is of the opinion that the culture will never
change at the Police Department.
S said her work has been unfairly scrutinized, and her shift schedule
changed to four totwelve since shefiled her complaint. When the existence of the

Page 14 of 74
INVESTIGATION REPORT

complaints was made known, itwas announced at shape-up bythe supervisorsto the
other officers.

S stated she has been shunned, made fun of, and ignored by the other
officers and supervisors, as well as by H since the complaints were
made known.

On 9 July2013, when B responded to her residence to have corrected


complaints signed by her, S considered it harassment. She stated the
complaints were minor and could have waited until she returned to work.
8 stated during this interview that none of her complaints were ever
investigated by Internal Affairs or anyone else at the Police Department.

Date: 25 September 2013

Interview of R A- (ret)

Allegations:

• Denied G and S a promotion to the rank of


sergeant.

• Dismissed and failed to fully investigate G 's complaint regarding


the act of somebody placing a magnet that said, "I (heart shape) my penis" on
the police vehicle used by G ., telling G , "It wasjust
a prank," that she shouldn't be so concerned over it.
• Failure to discipline E. for saying to Z that he had
"fisted" Z s wife the night before in the presence of G
• Retaliated against G and S after they complained
about harassment and hostile workplace environment by having their work
product unjustifiably scrutinized and theirassignments altered.
• Publicized the contents of the EEOC Complaintsfiled by G and
S to other members of the Police Department.

t Removed G from the Neptune High School SRO position


• Enlisted other superior officers to stand in the doonway to S 's
office and stare at her with distaln.

Page i5 of 74
rNVESTIGATrON REPORT

• Referred to G and S as "girls" and "ladies," told


G and S that, "this is a male-dominated field."

R A was employed by the Neptune Township Police


Department for almost 40 years. A retired from the Police Department on
1 June 2013. Prior to being named , he was

A stated that Neptune Police Department has 74 police officers, five of


whom are female. There are approximately ten female civilian employees, as well.
A stated he had an opportunity to review the letter sent from one of the
attorneys representing E G and C S
regarding their allegations of harassment and discrimination. A said he was
provided a copy by J H .

A said that there is a Township Ordinance regarding promotions. When


there are openings, the Township Business Administrator posts the openings. Seniority,
education, and the candidate's disciplinary record are all considering factors during the
process.

The candidates submit a resume, and then they are inten/iewed by the Chief and two
Captains. Each interview takes 30 to 60 minutes, depending on the candidate.

A stated that each interviewer brings to the table his own set of questions
that are geared to the specific rank. The areas covered include search and seizure,
case law, Miranda, etc. The candidate is also asked about their leadership ability and
the content of their resume, according to A . There is no written test nor are
there materials provided beforehand to prepare for the interview.

A stated that the questions vary because of the confidentiality of the


process. All of the candidates may not be interviewed on the same day, so they (the
questions) change from day to day.

A stated it is a collective process between the Chief and the Captains. The
Captains provide recommendations, and the Chief submits the names of those to be
promoted to the Township. The Chief further stated that the promotions and Interviews
are given when there is a need, but economics is also a factor when promotions are
called for.

When asked about training at the Police Department, A . stated an officer will
submit a memo requesting a specific course. That memo is sent through the chain of
command, and the decision to approve or deny the request is made by the Division
Commander. According to A , the course does not have to be specific to the
officer's present assignment. If an officer shows an interest or is productive in a certain

Page 16 of 74
INVESTIGATION REPORT

area, such as narcotics or crime scene processing, he or she is encouraged to request


that training. A stated that a request for training is never denied forthe
wrong reason.

A< said the Qualityof Life unit consists of five officers and one lieutenant. It is
a proactive unit that addresses alltypes of problems. According to the , the officers
that are assigned there deserve to be there based on their training and experience.
A said that presently there are no female officers assigned to the unit.
A stated that G asked to be considered for the unit, but never
formally applied. She was never told that she would not be considered because she is a
single mother, according to A

A said that S never expressed an interest in being assigned


to the unit.

According to A , the Chief decides who is assigned to the Monmouth County


Task Force and the F.B.I. Task Force. That decision is based on what that particular
agency requests. They usually request an officerwith certain expertise.
With regard to the promotions in which G and S were not
promoted (December 2012 and April 2013), A stated that S
did notpossess leadership qualities. She was assigned to the Detective Bureau in order
to enhance those qualities. G did not have enough experience.
A stated both officers have good assignments. G is a School
Resource Officer (SRC) in one of the schools, and S is in the Detective
Bureau.

A stated he did receive the Township's mandatory sexual harassment


training in 2006. He was the at the time. The Police Department did not
implement any additional training since then; however, there is a section in the Police
Department's Rules and Regulations that addresses sexual harassmentand "it is
enforced.

A stated if an employee feels that there is a violation, they forward a memo


through their chain of command. Butifthey are uncomfortable with that, they can send it
directly to the Chiefs office. The complaint is investigated by Intemal Affairs, and,
pursuant to the Attorney General Guidelines on Intemal Affairs, the complainant Is
notified of the outcome of the investigation. The Township Administrator, who is the
Appropriate Authority, is notified by the Police Chief.

At stated that E was part of his command staff when he was


A stated he did know anything about the "pow-pow-pow" incidents.

Page 17 of 74
INVESTIGATION REPORT

The first he knew of it was in the EEOC Complaint of 24 May 2013. A stated
he never had knowledge of any complaint of that nature until he read the Complaint.
The furtherstated he had no knowledge of the complaint regarding
E and Z . when itwas said "I fisted your wife last night" until he read
It in the EEOC Complaint.

A< further stated that, with regard to the memothat S wrote


dated 24 May 2013 regarding a hostile workplace and her EEOC Complaint,
S 's complaint was not signed until 28 May 2013. A said he had
knowledge of G 's Complaint, which he stated he was very surprised
about, but not S 's Complaint. The said that his staff did not have
knowledge of the Complaint either.

With respect to the magnet that stated "I (heart shape) my penis" which was placed on a
police vehicle assigned to G as the SRO at the High School,
A stated that G felt it was directed at her. The confirmed the
vehicle In question is assigned to the High School SRO, but after school hours, and on
weekends, the vehicle is used by others. On that particular day, K
S used the vehicle to go to the Shop Rite detail from 1800 hours to 0030 hours.

A stated that B conducted an investigation by viewing


video from various locations where the vehicle may have parked during the time frame
in question. One of the videos determined that S walked past the vehicle
at Police Headquarters, saw the magnet, then took a picture of it. The video confirmed
that S did not remove the magnet from the vehicle. When questioned by
B , S said he used the vehicle the night before at the
Shop Rite detail and admitted to taking a picture of the magnet and admitted he did not
remove Itfrom the vehicle. According to A , S was
reprimanded for not notifying anyone In the Department.

A stated he never told G she should not be concerned or it


was just a prank. A said he did not take it lightly, nor did he think it was a
joke.

A said he did not know about the incident regarding the message left on the
Mobile Data Terminal (MDT) until he read about it in the letter from the officer's attorney
dated 14 August 2013.

A stated he never knew about the harassing, discriminatory, or retaliatory


behavior that is alleged in their Complaint nor did G or S
approach him with their concerns.

Page 18 of 74
INVESTIGATION REPORT

A stated he never said to G. or S , "get used to


it. That is the culture here." The said he may have said, "this Is a male-dominated
field,"just in passing, but it was hot said in a negative way.
A said he never referred to G or S as "girls"
but may have referred to them as "ladies"; it isjusta figure ofspeech. The said
when he requests his command staff to come into his office for a meeting, he'll say,
"Gentlemen, come in."

A stated that, in, one ofthe meetings with G , afterthe


complaints were filed. G statedto him and H /'it's not
about you, it's about the system."
A stated thaton 7 May 2013, he learned ofthe EEOC Complaint filed by
G , but he was notsure if he knew about S 's Complaint.
He did not request Internal Affairs or any of his command staff to conduct an
investigation because he did not know what the specific allegations were.
A stated, in regards to G 's transfer from the High School, that
the High School administrators told him that G- had initiated program in
the High School regarding teen mothers. The administrators wanted that program
taught In the Middle School. The told them he would pass thaton to the Deputy
Chief for consideration. According to A , the was not transferred out of
the High School in retaliation forthe EEOC Complaint. A said he did meet
with G about leavingthe High School, and did tell her he did not know
where she was going at the time.

A said he did meet with S regarding her memo dated


24 May 2013. During that meeting, S mentioned her EEOC Complaint:
butthe Complaint was not signed until 28 May 2013, The Chief questioned how she
was being retaliated against; herwork overly scrutinized, and supervisors staring at her
with distain If nobody had knowledge of her Complaint. In addition, A stated,
regarding her ringtone, G was not singled out. There were others in
the Detective Bureau thatwere told to place their personal cell phones on vibrate.
A stated that he had strong feelings about protecting the rights of all of the
officers at the Neptune Police Department. He further stated that ifa female officer met
the requirements for promotion, he was behind her 100 percent.

Date: 25 September 2013


Interview of J H

Page 19 of 74
INVESTIGATION REPORT
Also Present: D J. D S , Esq.
Damlcx), Del Sardo &Montanari, LLC, Woodland Park, New Jersey
Allegations:

• Publicized the contents of the EEOC complaints filed by G and


S to other members of the Police Department.
• Ignored s when he walked through the Detective Bureau.
• Removed G from the Neptune High School SRO position.
• Ignored G s complaints regarding the inappropriate behavior of
E

• Used the Internal Affairs process to retaliate and harass her regarding a Request
to Dismiss or Void Complaint.
• Placed G under Investigation for not activating her microphone
during a motor vehicle accident Investigation.
• Failed to act when G and s provided several
examples ofillegal and improper behavior of male police officers.
• Sent B to S 's residence when she was home
sick in orderfor her to re-sign criminal complaints.
• Ordered s to turn in a tactical vest.

( )H has been employed by the Neptune Township Police


Department for 25 years. He has been ttie for four months. Prior to ttiat,
was a and commanded the Patrol Section.

H stated he was provided with a copy of the letter dated 14 August 2013
prepared by the attorney representing G and S
When asked if he shared the contents of the letter with anybody, H stated he had
been advised by Mr. D S not to ansv\^r that question.
H stated that, after, he was provided a copy of the aforementioned letter, he did
not assign anybody to investigate the allegations, nor did he conduct any investigation.
H stated that in reference to the promotion process, when an opening occurs, it
is posted at Headquarters. Those who are interested and are eligible submit a resume,
and then interviews with the Chief of Police, Deputy Chief and one or two Captains are

Page 20 of 74
INVESTIGATION REPORT

scheduled for the candidates. The questions, which are not gender specific, will change
day to day because of confidentiality issues; not all of the interviews can be scheduled
and conducted in one day. Seniority and education, as well as the candidate's
disciplinary record, are factors, according to H . After the interviews, the
interviewers discuss the good and not so good points of the individual candidates.

According to H , during the promotional process that is mentioned in the 14


August 2013 letter, in both cases, S had trouble answering the
questions presented, lacked self-initiative, and lacked proactive skills. 8
was placed in the Detective Bureau specifically to improve In those areas.
G lacked experience. She displayed strengths and weaknesses.

H' stated the officers that are chosen for the Quality of Life unit have to show a
certain skill set usually obtained with experience and seniority. The officer is selected by
the Chief of Police with some Input from the Division Commanders. The unit itself falls
under the Patrol Section.

With regard to the Monmouth County Task Force, the FBI, and DEA Task Forces,
H said it depends on what that agency requires. The officer is selected based on
their required skill set. There is no application process; the Chief of Police makes the
selection based on the request.

According to H , G> requested assignments to all of the units.


Nobody ever said anything to her about being a single mother. The said he did not
know if S.- put in for any of those units.

H stated the female officers are qualified to be part of the unit if they meet the
criteria. There are no restrictions.

H . stated that with respect to training, he did not know if G went to


schools or training on her own time or paid for a course herself, but the Police
Department does not endorse it. An officer is not sent to a course that is not job related.
As far as the last two promotions for sergeant that were given, H stated
Gt : did not approach him regarding the promotions. He also doubted that
8 applied 11 times for promotions.
H' stated he participated in the mandatory sexual harassment provided by the
Township in 2006. He felt the training was adequate. H said A posted
memos regarding sexual harassment frequently. Other than that, there was no
additional training provided by the Police Department.

According to H , when a complaint is filed, the appropriate authority is notified.


There is an investigation, and the complainant is notified of the outcome.

Page 21 of 74
INVESTIGATION REPORT

H stated that he was unaware of E and the "pow-pow-pow"


allegations before the 24 May 2013filing of the EEOC Complaint. He was not aware of
any complaints at all.

H further stated he was also unaware ofthen E making a


comment to then Z about "fisting hiswife."
In regardsto the message that was left on a police vehicle's Mobile Data Terminal,
H stated the message was typed in and not sent. Itwas a Word document that was
typed into that vehicle's terminal. H stated that he does not feel it was directed at
G , because the vehicles are not assigned.

With regards to the memo dated 24 May 2013 generated by S , H


stated that the date mentioned by S . 7 May-8 May, as to when the
EEOC Complaints were received by the Township, is wrong. G 's
Complaint was known about, but not the specifics. S 's Complaint was
not signed until 28 May 2013.
H stated that there was no meeting attended by Neptune Police Department
supervisors regarding the Charges. A did distribute a memo regarding
sexual harassment and the treatment toward others.

H said that, in regard to D 's comment at shape-up, it was taken


out of context by Si . The told his officers to treat everybody with
respect. According to H , G and S went around
telling everybody about the Complaints.

G is not ignored or shunned by members of the Police Department,


according to H and he said he did not walk through the Detective Bureau and
purposely ignore S

H stated that G was never removed from the SRO program.


A spoke about moving her to the Middle School after G W
was assigned to the Detective Bureau. W was previously assigned to
the Middle School. Ki S went from the Patrol Section to the
High School as their SRO.

H was in attendance at a meeting with Ai and S


regarding a hostile environment, but he was unaware it was about Lieutenant M< G
since he was never mentioned by name.

Neither G nor S. presented any examples of illegal and


Improper behavior by their male counterparts to H H does not have any

Page 22 of 74
INVESTIGATION REPORT

knowledge of anybody telling them that this was a male-dominated field, and to get
used to it.

In regards to a visit to S by B , H stated he was


unaware of such a visit, but from what he understood, there was a mistake on the
complaint that had been alreadysigned by the Detective. The weekend was coming up,
and the change had to be made.

With respect to the memo that G sent to Mr. M B regarding


the Request to Dismiss or Void Complaint, H' stated that he signs and reviews all
of the requests before a summons Is voided. He has a policy of simply not dismissing
summonses. G 's request was sent back to E for
clarification. G claimed harassment and went home sick. With
G absent, E looked at the video from G s dash
camera to find out if the motorist produced the registration for his vehicle. That is when
E found out that G 's microphone was not tumed on.
H stated that when it was all said and done, G agreed it was not
harassment. Both of G 's supervisors received a verbal reprimand, as
well.

Date: 25 September 2013

Interview of: A L

Also Present: D J D S , Esq.


Damico, Del Sardo & Montanari, LLC, Woodland Park, New Jersey

Allegation:

• Retaliated against G and S after they


complained about harassment and hostile workplace environment by having
their work product unjustifiably scrutinized, and their assignments altered.

A L has been employed by the Neptune Township Police


Department for 25 years. L has prior law enforcement experience- three
years with Bradley Beach Police Department and-two years with Avon Police
Department. He has been a with the Neptune Township Police Department for

Page 23 of 74
INVESTIGATION REPORT

eightyears, and is presently assigned to the Section of the Police


Department.

L stated had never seen a copy ofthe letter sent by the attorney
representing G and S . but H did discuss
the contents of the letter with him.

H shared with him his concerns about G 's allegation of


not obtaining sufficient backup on the street. L stated that
H considered herallegation a genuine safety issue, and called the officer in to
discuss the matter with L present.
G refused to talk about the issue without her attorney being present.
According to L , H' asked her twice to discuss the issue
citing safety issues, but G refused to discuss it and left. L
said the went to G 's shiftcommander, F
and asked about the allegation. F stated he knew nothing about it as
well. G said nothing to him.
S stated that both G and $ worked for him
when he was the Patrol Section Captain. He has had more contact with
G , however. G( . considers him a mentor, according to
L

According to L , G' isjustfrustrated with the system.


With respect to promotions, L stated hefelt the present process was fair.
The said G relies too much on academics in her pursuit to
becoming a sergeant. G lacks the overall experience to be a supervisor.
With regard to S , she was unable tosuccessfully answer questions
presented to her during her interviews. She had difficulty explaining what she had
accomplished during her career. 8 is too concerned with being one of
the guys, according to L

There are other female officers employed by the Police Department thatshow a lot of
promise, more professional than S . They justwantto do the job.
With regard to training and assignments, L said that G
has had a lotmore training and opportunities than most. The is presently
assigned to the schools as a School Resource Officer, which is a choice assignment.
S Is assigned to the Detective Bureau which should enhance her skills
and improve herchances of becoming a sergeant.

Page 24 of 74
INVESTIGATION REPORT

L stated he participated in the mandatory sexual harassment training


provided by Neptune Township in 2006. The felt the training was adequate.
L isfamiliar with the sexual harassmentpolicy within the Rules and
Regulations ofthe Police Department, and it isenforced. Captain Leather stated that
the female officers receive the same respect afforded the male officers.
L said that neither G nor S came to him
regarding a direct complaint of sexual harassment. G did send him an
e-mail a while ago with a scenario, and inquired if itwas sexual harassment. It did not
appear itwas sent to him as a complaint, but he did inquire from G ifit
was, in fact, a complaint or just a ForYour Information (FVI). G did not
reply back.

L was unable to provide a copy of this e-mail to this investigator at the


time of his interview.

Date: 26 September 2013

Interview of ME

Also Present: D J. D 3ardo, Esq.


Damico, Del Sardo &Montanari, LLC, Woodland Park, New Jersey
Allegations:

• Sexually harassed G by frequently placing his hands in front of his


genitals, and pointing his penis at other officers, saying "pow pow povr" as if to
shoot them with his penis.

• Said to 2 that he had "fisted" Z 's wife the night before in


the presence of G

• Retaliated against G because ofthe incident with Z by


giving G a negative mark on her evaluation.

• Retaliated against G and S after they complained


about harassment and hostile workplace environment by having theirwork
product unjustifiably scrutinized, and their assignments altered.
• Publicized the contents of the EEOC Complaints filed by G and
S to other members of the Police Department.

Page 2S of 74
INVESHGATION REPORT

• Used the Internal Affairs process to retaliate and harass her regarding a
Request to Dismiss or Vojd Complaint.

M E has been employed by the Neptune Township Police


Department for 21 years. He has been a for five months, and is presently
assigned to the Patrol Section as its comnriander. Prior to becoming . he was a
Lieutenant who conducted Internal Affairs investigations.

E stated he has worked with G and S at


different times during his career. E stated that both had poor
decision making skills, were not proactive, and were poor in interdiction.
G Is very competitive with her male counterparts, and believes the has a
male compiex. According to E , S is easily influenced by
others, and is one of the most vulgar officers in the Police Department. Detective
S herself sometimes violates the provisions in the Police Departments Rules and
Regulation regarding sexual harassment. E. stated he was unaware that
either G< or S had any complaints as to the way they
were treated.

The stated he did see a copy of the letter dated 14 August 2013, but he only
discussed the allegations with Mr. 0 S , the FOP attomey, and potential witnesses
that were expected to be interviewed, coordinating their appearance.

E stated he has never been part of the promotional process since


becoming , but he believes the process is fair. E stated he was
interviewed five or six times for sergeant before he was promoted. He was also
interviewed many times for the rank of lieutenant before being promoted.

E stated he received the mandatory sexual harassment training


provided by the Township in 2006. He was pretty sure it was adequate. He has had
additional training that was provided by an insurance company. .E said
he is aware of the Department's Rules and Regulations that pertain to sexual
harassment. The policy is enforced, and if a complaint is received, it is investigated. The
complainant is notified of the findings at the end of the investigation.

In regards to the selection process for the Quality of Life unit. Captain Emmons stated
an officer is selected because they are proactive and good at interdiction. In his role as
the , E . said he was consulted by H to determine
which officer would be assigned to the Quality of Life unit.

E stated that G* and S are not qualified to


be assigned to the unit, not because they are female but because they are more

Page 26 of 74
INVESTIGATION REPORT

reactive than proactive. There are other female officers in the Department that are more
proactive, according to E , and are qualified to be assigned to the unit.
With regard to the Monmouth County Task Force and the FBI Task Force, the Chief of
Poiice decides who is assigned based on the needs ofthe agency requesting.
E stated that in regards to the allegation that he placed his hands in
front ofhis genitals, points tootherofficers saying "pow-pow-pow" as if to shootthem
with his penis, is not true. According to E . what he would do was place
an object, a book, keys, a report, below his belt, off to the side, and say, "Look atthis." If
the person he was talking to looked down at his crotch, he would say, "Gotcha."
The term pow-pow-pow wasderived from a Planet Fitness television commercial he
misquoted. Theysaid "bang-bang" instead of"pow-pow". It was a Joke. There was no
sexualinclination. There was no grabbing his penis, no touching. It was never directed
at anyfemale. According to E , he treats all females with respect.
E reflected on an incident when he first made lieutenant. It was
December 2012 and he was trying to get through a door. His arms were filled with
papenATork and he was trying to use his card swipe (a key) to open a door.
S and J A were sitting there. S offered to open
the door for him. After he had gone through, S called to him and said,
"Did you drop this," and when he turned, she said, "Pow-pow gotcha."
With respect to the evaluation that E , M G , and
J prepared, E< said they all had input and all agreed to
what was entered onto the evaluation forms. When G received hers,
there was one negative remark about her decision making. E stated he
cited the specificcase numbersthat caused him and the others to make that decision.
All of the other sections were either average or above average

G bypassed him and went directly straight to the (H ) to


question her evaluation. According to E , G does not
respect the chain of command. E said he was sitting right there, and she
ignored him. She was told to go back and discussed it with the sergeant.
E stated there was no discussion, just a heated argument, which concluded with
G writing a rebuttal to the evaluation.

E stated that before the evaluations came out she told E


he was fair and easy to talk to.

E stated that weeks after the evaluations came out; he was called into
H 's office and told that G said he had a vendetta against her.

Page 27 of 74
INVESTIGATION REPORT
E stated he feels that v G' takes a little truth and twists It
around to fit her perception.

Inregard to the allegation regarding him and Z , E stated he


and z srew up together and their families socialize together off duty. They
kid around alittle different than with others. The incident that the allegation refers to
occurred when then E was preparing for shape-up. going through
some reports, when then Z entered the room and flicked his ( )nose
and laugh^^ E. stated he did not say anything, but grabbed his wrist as if to say
Fuck you." Z. laughed again.

° meant
he did and that gesture asked to speak
he "fisted to him. E
awoman." G said he said
was she saw
unaware
OT that int^retation, but he apologized. He said it was not meant for her, it was meant
for z . E said he became uncomfortable and offered to go see the
with her. G declined and stated his apology was sufficient.
E said he approached 2 after shape-up and told him
G was upset and offended. All joking around like that would stop Z said
okay.

_ ^ stated that when A received word about the EEOC


Complaint he called him, h .and L into his offlce.
A asked where did this come from, what was the basis for the complaint? The
said to find out what this is about, address it, and have it stopped.

said they^never received


stated he
anywent to all of his supervisors and questioned them. They all
complaints.
A had the memo regarding sexual harassment posted Immediately When
the officers asked what it was about, the sergeants told them to treat everybody with
respect. Do not do anything offensive or inappropriate. They were told aComplaint was
Tiiea.but G and s were not mentioned by name.
E stated the whole atmosphere around the Police Department has
changed since the Complaints were made known.

Date: 26 September 2013


Interview of: m m G

Page 28 of 74
INVESTIGATION REPORT

Also Present: D J. C S , Esq.


Damico, Del Sardo &Montanari, LLC, Woodland Park, New Jersey
Allegations:

• Retaliated against S. after S complained about


harassment and hostile workplace environment by having Sr s
work product unjustifiably scrutinized, and her assignments altered.
• Caused S to be shunned by her supervisors and peers.
• Enlisted other superior officers to stand in thedoorway to S 's
office and stare at her with distain.

• Unfairly scrutinized S 'sringtone.


• Sent B to S 's residence when she was home
sick in order for her to re-sign criminal complaints.
M M G has been employed by the Neptune Township Police
Department for 14 years and has been a for nine months. He Is presently
assigned to the Detective Bureau and is the Commanding Officer. The has
eight detectives and four civilians under his command.

C S is assigned to the Detective Bureau and


M G is her commanding officer.
M G stated he has worked briefly with G in the Patrol
Section.

M G said he is aware of the allegations being made by G


and S in the letter from their attomey dated 14August 2013. The
did not share the contents of the letter with anyone at the Police Department.
M G stated that S never complained directly to him
regarding harassment, retaliatory and discriminatory behavior. He became aware ofher
complaints when he was summoned to R A office on 27 May 2013 to
discuss a memo S wrote on 24 May 2013 that referenced a hostile
workplace environment.

MG said that S was late for work on 24 May 2013 and


he requested that her sergeant speak with her. S later claimed thatthis
was in retaliation because she filed an EEOC Complaint and she wrote the memo.

Page 29 of 74
INVESTIGATION REPORT

M G denied itwas in retaliation. He stated he was unaware ofthe


EEOC Complaint at the time. The said that there were rumors going around
^ fi'ing an EEOC Complaint, but he had no knowledge of
S having filed a Complaint.
With respect to H , M G stated he did not witness the
walk through the Detective Bureau and ignore S saying
hello to everybody else. M- G said S is neither shunned
nor ignored and is not treated differently.
MG stated that S; 'swork is not overly scrutinized. The
makes mistakes, a lot of mistakes. s struggles with report
writing and her investigatory skills are less than average.
M G said he has tried to help s , and other detectives
have tried to help her aswell. s. was sent to an interview and
interrogation school in order to assist her.
A« assigned S to the Detective Bureau to assist the
In gaining knowledge and enhance her skills which would improve the likelihood of her
promotion to sergeant.
With respect to s being singled out for her rlngtone,
MG stated that S 's cell phone emitted aloud chirp when she got a
text message. MG stated he had a meeting with all of the detectives
and sergeants. One of the issues discussed was ringtones. Everybody, including the
sergeants, not just s , were told to keep their personal cell phones on
vibrate.

MG said that he did not have any knowledge of other supervisors


staring at S .

With regard to B going to S 's residence.


M G stated B was the acting Bureau Commander and it was he
that made the mistake on the Criminal Complaint. The corrected the mistake,
but needed S to re-sign the corrected copy. S was out
sick and it was unknown when she would return to duty, so he went to her residence to
have her sign it, m g said it was not to check up on her.
MG stated that S has a vulgar mouth, utilizes a lot of
sick time, and is the last one in and the first one out at the end of the day.
S 's evaluations were below average during the period from
December 2012 to June 2013.

Page 30 of 74
INVESTIGATION REPORT

With regard to G 's evaluation that the challenged, M-


G said he participated in writing that evaluation, along with two othersergeants.
According to M' G , G exhibits poor decision making.
M G said he believes that G feels a sense of entitlement
because she Is a female.

Date: 27 September 2013

interview of D F (ret)
Allegations:

• Knowledge that the promotion process is unfair.

• Witnessed female police officers being treated with a lack of respect.


• Witnessed E performing the "pow pow pow" episodes.
D F retired from the Neptune Police Department after 25 years.
He retired 1 January 2013, and was assigned to the Patrol Section of the Police
Department prior to retirement.

F stated that G worked for him in patrol when he


was a shift commander. The described G as an officer that
tries hard and always wanted to fit in. He described her as passionate, aggressive, and
willing to go the extra mile. According to the , G does not have
a problem with making a decision. The would ask for help If she needed it.
F further stated that G lacks the experience to become
a sergeant.

F stated S; also tries hard and does not need her hand
held. She Is capable in meeting the demands ofworking in the Detective Bureau.
F stated he is unaware of any discrimination or harassment taking
place in the Police Department.
F said he is familiar with E and the "pow-pow-pow"
incidents. He explained that it was something done by E , but probably done by
others as well. F described the incident as E or
somebody else holding something, a book or reports, below his belt and baiting another
person to look in that direction. If that person did, E would say, "Gotcha, pow."

Page 31 of 74
INVESTIGATION REPORT

F said he never saw or heard of E placing his hands


down by his genitals, grabbing his penis, and pretends to shoot somebody saying
"pow-pow-pow."

F stated the present promotional procedure is unfair. The


stated that even though A and two Captains conducted the interviews, the
Captains had little or no input. F described A* as arrogant,
and the former Chief promoted who he wanted, regardless ofwhat the Captains said.

Interview of C C

Date: 27 September 2013

Allegations:

• Knowledge that the promotion process is unfair.

• Witnessedfemale police ofRcers being treated with a lack of respect.


• Witnessed E involved in the "powpow pow" episodes.
• Knowledge that the "pow pow pow" episodes occurred Infront of female police
officers.

• Knowledge that female officersare being discriminated against.


C C has been employed by the Neptune Township Police
Department for two years. She has two years' prior experience with Asbury Park Police
Department. Prior to that, C was a dispatcher for the Avon-by-the-Sea
Police Department for a year and a half.

C is presently assigned to the Section of the Police


Department.

C stated that she worked with E G for two


months this past summer, and her shift sometimes overlapped with then
S 's shift.

Ci said G is a great officer, passionate, and would make a


good sergeant. S , according to C , is a great street cop and
is good with people.

Page 32 of 74
INVESTIGATION REPORT

C stated she respects G and S for standing


up for the way they feel, but she has never experienced being harassed or
discriminated against.

C stated her supervisors and her peers treat her with respect. She has
never been discriminated against or harassed. There has never been an incident that
made her feel uncomfortable.

C stated that the male officers talk "male talk", but it iscurtailed in her
presence. There Is great camaraderie amongst the officers.
C stated that after the existence of the complaints became known, the
supervisors told their officers to watch what you say, be respectful of others.
® 31^^ S' were not mentioned by name.
C said that the present promotional process for the rank of sergeant is fair.
She does think that a test should be given to add to the baseline ofscores.
C stated she may not take the test the first time she is eligible if she does not have
enough experience to lead.

C' stated she has heard ofthe term "pow-pow-pow" and believes it is used
^ to place an object below his waist to make people look in that
direction, and if theydo. he says. "Pow, gotcha."
According to .C , it never happened to her. said she never
heard of E placing his hands in the area of his genitals and shooting people with
his penis.

C concluded her interview by stating she felt that A has put


forth a good effort by hiring more females in thepast several years.

Date: 7 October 2013

Interview of A E

Allegations:

• Discriminated against because she is a female officer.

Witnessed E involved with the "pow pow pow" episodes.


• Knowledge of the magnet that said 1 (heart shape) my penis" placed on the
police vehicle used by G

Page 33 of 74
INVESTIGATION REPORT

A E has been employed by the Neptune Township Police


Department since 1January 2013, graduating from the Police Academy on 24 May
2013. She has been assigned to the Patrol Section for the lastfour months.
E: stated she had heard rumors about the Complaints filed by
and D S , but did not know the details. There has been nothing
discussed regarding the Complaints ather shape-up at the beginning of her shift. It
seems, according to E , thatnobody wants to talk about it. She has not
heard any negative comments being made since the Complaints were made known.
E said shedoes not feel she is treated any differently by the male
officers. She stated she has not witnessed anyone being discriminated against or
harassed due to their race orgender. Sheis treated as an equal by her peers and
supervisors,

E stated she knows G and S .but has not


had the opportunityto work with either one of them.

E does not know anything regarding "pow-pow-pow" or what it refers to,


and does not know anything about a magnet being left on a police vehicle or a message
that was left on a vehicle's MOT.

Date: 10 October 2013

Interview of S L

Allegations:

• Witnessed the EEOC complaints being discussed by supervisors.


• Witnessed O E involved the "pow pow pow" episodes,
• Harassed and offended by the male officers.
S L has been employed bythe Neptune Township Police
Department for ten months. L is presently assigned to the
Section of the Police Department.

L stated thatshe is vaguely aware ofthe Complaints filed by Police


® and S . The believes It has something todo
with not getting promoted.

Page 34 of 74
INVESTIGATION REPORT

L said the fact thatthe complaints were filed has been discussed at
shape-up by supervisors ( L would not mention the supervisors by
name) but the specifics of the Complaints were not revealed. L stated
G and Si were mentioned by name by the
supervisors, and she felt that was inappropriate. She further stated that
3nd S; openly discussed the Complaints, so sheguessed it
was not a secret.

L stated that memos had been frequently posted around Headquarters


regarding sexual harassment. She felt itwas directed at howto act around female
employees.

'L stated she has heard about "pow-pow-pow", but has not seen
anybody do it. The said that persorially she has not been offended by the actions
ofanybody at the Police Department. She has heard offensive language, but it is not
directed at her and notdone intentionally. L feels that she is treated
equally, but also stated she did not have anything to compare her treatment to.

Date: 11 October 2013

Interview of M Z

Also Present: P J. D S: , Esq.


Damico, Del Sardo &Montanari, LLC, Woodland Park, New Jersey
Allegations:

• E; ( El at the time) said to then Z that


he had "fisted" 2 /s wife the night before In the presence of
2 repeated it back to E , in front of

• Witnessed E involved in the "pow powpow" episodes.


M Z has been employed by the Neptune Police Department for over
18years. He has been a for ten months, and is assigned tothe Section
of the Police Department since being promoted to the rank of . Before being
assigned to the Section, 2 was assigned to the Patrol Section.
Z stated thatthe process for promotion to sergeant included the
submission ofa resume and then an interview, usually conducted by the Chief of Police
and two Captains. The questions are relative to the rank of sergeant, and according to

Page 35 of 74
INVESTIGATION REPORT
Z , the process is fair. Z stated he interviewed for the
promotion four times during his career before actually being promoted.
Z stated he did receive the mandatory sexual harassment training that
Neptune Township provided in 2006. He has not received any additional training since
then, with the exception of the memos posted frequently by the Police Department. He
felt the Initial training was adequate, and did have knowledge of the provisions set forth
in the Department's Rules and Regulations regarding sexual harassment.
Z stated that he has not witnessed nor does he have knowledge of
anybody, male or female, being sexually harassed or discriminated against.
Z said he is aware of the Complaints filed by E
® C S .He was not provided anything in writing
regarding the Complaints. A mentioned to Z* that he was going
to be interviewed as part of an investigation due to the Complaints, but he did not meet
with any of the Command Staff regarding the Complaints. The further stated
neither G' nor S discussed the Complaints with him.
;Z stated he worked with G and S while In
patrol. He did not have knowledge of either one of them being treated unfairly or
discriminated against. He further stated he did not have any knowledge of either one
being denied training or assignments. He said both had good assignments;
G' was an SRO in the schools, and S was assigned to the
Detective Bureau.

Z said he knew M E before becoming a police


officer. He has known him for at least 30 years. He and E .socialize
together with theirfamilies while offduty.
Z recalled the incident that occurred in August of2012. He (;
Z )was going into shape-up and saw then E going through some
papenwork. He approached E and whispered jokingly, "I was over your house
last night. E raised his arm and grabbed his wrist and did not say
anything. 2 said that he took that to mean, "Fuck you." After shape-up,
E approached him and said G heard whatwas
said, and was offended by it. Z stated he did not remember
G' being In the room or if anybody else was in the room, for that matter. He
[ ^ )was told by then E that they could not joke around
like that anymore. Z stated that he never said,"(fisted your wife" nor was
that ever implied.

Page 36 of 74
INVESTIGATION REPORT
Z said hedid not feel the Incident violated the provisions in the Rules and
Regulations regarding sexual harassment, nor did he think anybody would have been
offended.

Z stated he is familiar with the verbiage "pow-pow-pow", and it refere to a


person holding an object, any object, below their waistline, and if another person
glances down to that location, it is said, "pow. gotcha." Z said it was not
done in front of G , and he does not feel it is inappropriate.
Z said he heard about the magnet being placed on the police vehicle
months after it happened, and heard about the message left on the vehicle's MDT, and
that B T was mentioned. Z stated he was not involved in
either Incident nor knows of any of the details.
Z stated he has not noticed any difference in the way G or
S are treated since knowledge of the Complaints have been made
known. He said they have not been shunned by their peers or supervisors.
According to Z , all of the officers at Neptune Police Department are
treated equally, and memos are frequently posted reminding everybody to treat people
with respect.

Date: 11 October 2011

Interview of: R B;

Also Present: D J. D S , Esq.


Damico, Del Sardo &Montanari, LLC, Woodland Park, New Jersey
Aiiegatlons;

• Overly scrutinized S 's work product.


• Witnessed S 's ringtone being singled out.
• Went to S 's residence when she was out sick to re-sign criminal
complaints.

• Witnessed E involved in the "pow pow pow" episodes.


B has been employed by the Neptune Police Department for ten years.
He has been a for eight months, and is presently assigned to the Detective
Bureau. Prior to being promoted to the rank of he was assigned to the

Page 37 of 74
INVESTIGATION REPORT

Detective Bureau and held the position of Detective. Before being assigned to the
Detective Bureau, B was a School Resource Officer(SRC) assigned to
one of the schools. He added that he never attended formal training for School
Resource Officer.

Bi explained that the promotion process consists of filing a resume and


then an interview by the Chief of Police and two Captains. The questions are based on
situations you may encounter as a supervisorand your leadership ability. He stated he
was unsure ifthe questions were different for each candidate, but he felt the process
was fair and has no suggestions for any changes which need to be made to the
process. B said he interviewed for the rank of sergeant twice, being
promoted after the second time.

B stated he participated in the sexual harassment training that the


Township provided in 2006, and found it informative. He has not had additional training
since then, but memos are posted throughout the police department frequently. He has
not personally witnessed anybody, male or female, being discriminated against or
sexually harassed, but he added it's not to say it hasn't happened. • B is
aware of the rule in the Department's Rules and Regulations regarding sexual
harassment He also stated that sometimes itis the person's perception that they are
being discriminated against or harassed. B stated that one way to
eliminate that perception is to increase the pool of diversity.
;B said he became aware of the Complaint filed against him after
meeting with Mr. D S . He did not receive or reviewanything in writing priorto that.
He did not discuss the matter with anyone at the Police Department, nor was he
involved in any meetings with other supervisors or members of the command staff
regarding the Complaints.

Bi stated that he did not know if G talked about the


complaint with anybody. He remembered S did mention an EEOC
complaint to someone, but he was unsure of whom that was.

B further stated that neither G- nor S


discussed the promotional process with him, and he has not witnessed any form of
discrimination or unfair treatment directed toward them. The , added that since
H has been placed in charge, all of the officers have been afforded
more frequent opportunities for training.

B stated that S 's work is not overly scrutinized,


however, as a detective, on a scale of one to ten, he would rate her as a one. She lacks
knowledge of the job, and her report writing skills are horrible. He explained that the
sergeants review the reports submitted by the detectives first. He has to often return
Page 38 of 74
INVESTIGATION REPORT

S 's reports to her for muitiple corrections multiple times.


B described S ^'s investigative portion of the report as homble. The
does not follow directions and hasto be accompanied by someone wherever
she goes. B stated he did not know why she was assigned to the
Detective Bureau in the first place, but he heard It was to give her an opportunity to
Improve her skills and knowledge. According to B ,since being assigned
there, S has changed the tone of the Detective Bureau. She is the last
one In and the first one out, and is always bringing her personal life into the Bureau.
B described S as having a real "potty mouth," (using
phrases such as "suck my dick" frequently, always complaining, and has Increased the
workload of the other detectives because ofher incompetence.
B acknowledged an Incident regarding ringtones. He stated that there
was a meeting with all ofthe Detective Bureau personnel and M G . One
of the items addressed was the ringtones on personal cell phones. His ringtone and
S 's ringtone was mentioned, andall ofthe personnel in attendance
were told to keep their personnel phones on vibrate. S was not singled
out.

B< saidthat neither MG nor A enlisted other


superior officers to stare at S with distain.
B; confirmed that on 9 July 2013, he went to S 's
residence after she went home sick. He stated the had signed a complaint and
he, in the capacity of a supervisor, co-signed the complaint. When hepresented the
complaint to a shift commander, M , it was pointed out that there was an
error on the complaint. B redid the complaint and called
S. at her residence, and asked if he could come over for her to re-sign the
complaint, since he was unsure when she was returning to work. She agreed, and he
went to her home where she signed thecorrected copy. He left after five minutes.
Si did not voice any objection to him coming over,
Bi stated that he never witnessed E place his hands in
the area of his genitals, say "pow-pow-pow", and pretend to shoot people with his penis.
"Tl^® said that he has heard of "pow-pow-pow", that everybody does it, but not
flagrantly, and has never seen do It in front offemales. He added he
has not seen it done in awhile. He did saythat he heard that S has
participated in what "pow-pow-pow" refers to (placing an object below the waistline and
waiting for another's eyes to look there) In front ofmales.

Page 39 of 74
INVESTIGATION REPORT

Date: 11 October 2013

Interview of S C
Also Present: D J. C S .Esq.
Damico, Del Sardo &Montanari, LLC, Woodland Park, New Jersey
Allegations:

• Knowledge of G being denied training and assignments.


• Spoke to officers during shape up about the EEOC complaints filed by
G and S

• Involved in the Request to Dismiss or Void Complaint investigation.


• Witnessed E involved in the "pow pow pow" episodes.
• Knowledge of a message left on a MDT in a police vehicle used by
G .

C has been with Neptune Police Department for 21 years and has
been a for ten months. He is presently assigned to as ashift supervisor.
C stated that he applied for and was interviewed four times for the rank
of before being promoted. He feels that the present promotional process is
fair, and does not recommend any changes.
C stated he did receive the mandatory sexual harassment training
provided by Neptune Township in 2006, and felt the training was adequate. He has
received periodic training from the Police Department by way of memos that were
posted at various locations throughout the Police Department. He also stated that he
has a working knowledge of the provisions set forth in the Department's Rules and
Regulations. He has never witnessed anybody, male or female, sexually harassed or
discriminated against.
C said he had heard rumors regarding the Complaints filed
^ ® C S , but did not know any of the
specifics. He has not discussed the Complaints with anybody in the Department, and

Page 40 of 74
INVESTIGATION REPORT

was not involved in any meetings regarding the Complaints, except when hewas told
that he was going to be interviewed as part ofan investigation being conducted.
G worked for the during this pastsummer, and he stated he
would rate her performance and skills as average. He had no knowledge of her being
denied training orassignments, but stated she ts assigned to the schools as an SRO,
and that is a choice assignment, especially for someone who has been a police officer
for that short a period oftime. C stated S was
assigned to the Detective Bureau andthey rarely interacted. Neither G
S talked to him about the promotional process.
C stated that, as part of his responsibilities, he conducts training during
shape up atthe beginning of the shift. On 24 May 2013, he was conducting such
training, going over past calls for service, when the talk turned tothe Complaints. The
conversation was initiated by one ofthe officers present. According to
C , the names ofthe olflcers who filed the Complaints were not mentioned nor
were the specifics ofthe Complaints discussed. It was mentioned, however, that
S had gone home sick.

Cf stated that regarding the request tovoid a summons, he initially


signed off on thefonn the day G gave it to him. He did not read the form,
but listened to herexplanation and sent the form through the system. He learned later
that there was a discrepancy in what she said and what she wrote on the form. He was
not disciplined as the result of the investigation that occurred.
C' stated he did not have any knowledge of E placing
his hands on his genitals, saying "pow-pow-pow", as if to shoot others with his penis. He
does not have any knowledge of the term "pow-pow-pow". norwhat it means to others.
C stated he did not have any knowledge of any message left on a
MOT in a police vehicle, nor does he have knowledge ofa magnet placed on a police
vehicle. Additionally, ;C stated that he has not noticed that
G or S have been treated differently or shunned by other
employees since notice of the complaints came out. According to C. , all
of the female police officers are treated with the same respect as theirmale
counterparts.

Date: 11 October 2011

Interview of: M d

Page 41 of 74
INVESTIGATION REPORT

Also Present: D J. D S , Esq.


Damico, Del Sardo &Montanari, LLC, Woodland Park, New Jersey
Allegations:

• Knowledge of G being denied training and assignments.


• Spoke to officers during shape up about the EEOC complaints filed by
G and S

• Knowledge ofa message left on a MOT In a police vehicle used by


G

• Witnessed E involved in the"pow pow pow" episodes.


D has beenemployed by the Neptune Township Police Department for
18 and a half years. He has been a for two and a half years and is presently
assigned to the Section. Prior to being promoted to the rank of
D was assigned to the Detective Bureau.
D stated he interviewed for the position of at least five times
beforebeing promoted. He feels the existing process is fair, and sees no reason to
change what is In place. He stated that his assignment to the Detective Bureau greatly
improved his chances of being promoted because you are exposed to a variety of
subjects, such as criminal investigation, statutes, court decisions and procedures.
D participated In the mandatory sexual harassment training provided by
Neptune Township in 2006. He feels the training was adequate. He has not had any
additional training since then, but the Police Department does postmemos around
headquarters frequently regarding sexual harassment. D stated he has
knowledge of the Police Department's Rule and Regulation specificto sexual
harassment. He stated that he has not witnessed anybody, male orfemale, sexually
harassed, unfairly treated, or discriminated against.
D stated he has never seen the Complaint filed by G or
S and was never provided anything in writing regarding the Complaint.
He has not discussed the contents ofthe Complaint with anybody at the Police
Department, including the Command Staff, prior to this interview.
D stated he has worked with G in Patrol and described
heras "okay" and thatshe "does herjob". He said thesame thing about
S . He further stated that neither one discussed the promotion process with him,
nor has hewitnessed orhave knowledge of either G or S being unfairly
treated or denied training.

Page 42 of 74
INVESTIGATION REPORT

^ stated that as part of his responsibilities, he conducts training at the


beginning of his shift. On 24 May 2013, he was conducting such training. He stated he
has ayoung shift (inexperienced) and was providing positive reinforcement, boosting
morale. He mentioned that there were four EEOC Complaints received, but the
Department would work through them. He stated he mentioned the names of those
involved, but it was not in anegative or malicious way. The contents of the Complaints
were not discussed, and there were other subjects covered as well.
D said there was a lot of talk going around; a lot of it was hearsay.
^ S. .according to the .did not keep it a
° stated he did not notice any change in the atmosphere at the
Department, nor did he witness G or s being shunned
by members of the Department.
D said he did not have knowledge of the meaning of "pow-pow-pow",
E •Involvement, or any member of the Department being involved. He
stated he did not have knowledge of a magnet being placed on a police vehicle or of a
message being left on a vehicle's MDT.

Date: 11 October 2011

Interview of: p s

Also Present: D J. D S , Esq.


Damico, Del Sardo &Montanari, LLC, Woodland Park. New Jersey
Allegations:

• Threatened G with discipline during the Request to Dismiss or


Void Complaint Investigation.
• Witnessed B involved in the "pow pow pow" episodes.
• Knowledge of a message left on a MDT in a police vehicle used by
G

S has been employed by the Neptune Township Police Department for


20 years. He has been a for four years, and is presently assigned to the
Section. Prior to being promoted to sergeant. S was assigned to the
Detective Bureau. He has no other law enforcement experience other than Neptune
Township.

Page 43 of 74
INVESTIGATION REPORT

S stated he had been interviewed for the rank of five or six


times before being promoted. S said he does not feel the present
promotional process is fair. The existing process allows for individualsto be promoted
based on friendships, rather than experience. The would like to see the
process include a combination of interviews, testing, and also, seniority should be
considered.

S> participated in the 2006 mandatory sexual harassment training


provided by Neptune Township and felt the training was adequate. He has not received
any additional training since then, but stated that the Police Department distributes
memos regarding sexual harassment frequently. The is aware of the Rule and
Regulation regarding sexual harassment, and acknowledged his understanding of what
It said.

S said he has not witnessed anybody, male or female, at the Police


Department being treated unfairly or discriminated against.
S stated he was aware that G' and S had
filed EEOC Complaints, but was not provided anything in writing and was not aware of
the specifics of the Complaints until he had a conversation with the FOP attorney prior
to this interview. He has not discussed the Complaints with anybody at the Police
Department. He further stated he did not participate in any meetings with any
supervisors or Command Staff regarding the Complaints. S stated he did
not know if *G or S discussed the Complaints with
anybody at Headquarters.

S stated he worked with G and S on and


offover the years and described both individuals as "good cops." He stated that
G has some decision-making issues.

S was involved in the investigation regarding the request to void a


summons filed by G .He stated he did not threaten G with
discipline during the investigation. According to S . E
returned the form to him and requested more information from Officer G
S stated that he was not the one who initially received the form from
G when she turned it in.

S said it was not unusual to request additional information from an officer,


but it was unusual, in his opinion, for the Deputy Chief to get involved. He
acknowledged, though, that the Deputy Chief is responsible for signing off on the form.
According to the , G was fine with the way everything
transpired.

Page 44 of 74
INVESTIGATION REPORT

S said that G should have had her mjcrophone/audio on,


and said G' agreed with hirn. The stated he was not disciplined
when the investigation was concluded.

S !stated he did not have knowledge of what pow-pow-pow was. He said


he has never heard of it, he has not witnessed E' place his hands in the
area of hisgenitals and say pow-pow-pow while pretending to shoot peopie with his
penis.

The did not know anything about a magnet being placedon a police vehicle,
and did not know anything about a message being left on a MDT.
S said neither G nor S are shunned by
other employees of the Police Department nor are they treated any differently. He
stated that it is probably their perception that this is occurring when, in actuality, it is not.
Ail females at the Department are treated as equals with their male counterparts.

Date: 15 October 2013

Interview of M W

Allegation:

• Witnessed E involved in the "pow pow pow" episodes.

• Had knowledge that this occurred in front of the female police officers.

M \N has been employed by the Neptune Township Police


Department for ten years. He is currently assigned to the Section of the Police
Department.

W' stated he never saw E place his hands on his genitals and
pretend to shoot peopie with his penis. He has heard him say "pow-pow-pow". and he
believes it means that Ei will lower an object, such as a report or keys,
below his waist in an attempt to get the other person to look down in that direction.

W said presently he does not work with any of the female officers, but has in
the past. He has not observed E perform the aforementioned gesture in
front of any female employees.

Date: 15 October 2013

Page 45 of 74
INVESTIGATION REPORT
Interview of ivi k>
Allegation:

• Witnessed E involved in the "pow pow pow" episodes.


M K has been employed by the Neptune Township Police
Department for ten years. He is presently assigned to the Section of the Police
Department

K- stated he worked for E when he ( )wasa


sergeant. K said he does not recall seeing E place his hands on his
genitals and shoot people with his penis. The ,does recall E holding
various items below his waist and saying "gotcha, gotcha" if the person looked in that
direction.

K stated that others may do it back to E .E is not the only


one who does this. K does not recall if it ever happened in front of any of
the female employees.

Date: 19 October 2013

Interview of K S

Also Present: R A. H , Jr. Esq.


Ansell, Grimm, &Aaron, Ocean Township, New Jersey 07712
Allegations:

• Had knowledge ofthe"I (heart shape) my penis" magnet being placed on a


police vehicle used by G

• Questioned by A about taking a picture ofthe magnet, notdisciplined


after he failed to remove it from the vehicle.

• Replaced G at the high school as the SRC.


• Knowledge of the message left on the MDT in a patrol vehicle used by
G

• Witnessed E involved in the "pow pow pow" episodes.

Page 46 of 74
INVESTIGATION REPORT

• Witness to E (then E )saying to Z


that he had "fisted" Z; *s wife the night before in the presence of
G

K S has been employed by the Neptune Township Police


Department for five years. He is presently assigned to the Neptune High School as a
School Resource Officer (SRO). He has been In that assignment for one month. Prior to
^hat, S was assigned to the Patrol Section.
S stated hewas aware of the Complaints filed by E
® C. S ; however, he did not know the specifics of the
Complaints until he met with E regarding this investigation and
upcoming Interview. S said he did not discuss the Complaints with
G or S .

S stated he was advised in early May of2013 that he was being


assigned to Neptune High School as an SRO beginning with the new school year.
stated he had not requested this assignment and knew that he would
be replacing G . Eventually, G approached him regarding
his assignment, and she was very upset because she had not been told by her superior
officers about beingtransferred out. G told him that she found out
through the SchoolAdministrators. S said that G is now
assigned tothe Neptune Middle School as an SRO, and is still upset about the way her
transfer was handled, according toS S was not aware ofany
special programs G had initiated at the High School.
S stated thatthe SRO at the High School has an assigned police vehicle,
however, after school hours and on weekends that vehicle is available to everyone.
S stated he did recall that in December of2011, somebody had placed a
magnet on a police vehicle that said "I love my penis." S stated that he
had used thatpolice vehicle to go to an extra pay detail at the Shop Rite in Neptune
between the hours of 1800 to 1230. When he came out, he noticed the magnet and took
a picture ofit. S said he had not checked the vehicle prior togoing on the
detail. S stated he was questioned by A' and
B about itand told them he did not place the magnetthere nordid he remove it
after he found it. The said that A told him not to discuss it with
anyone. S said he was not disciplined. S stated that
G did not discuss the incident with him.

S stated that hedid not have any knowledge regarding a message that
was left on a police vehicle Mobile Data Terminal (MDT) until it was mentioned in the
meeting with E

Page 47 of 74
INVESTIGATION REPORT
S stated he is familiar with "pow-pow-pow" and what It refers to, and that
. shoot
to . ^people with his penis.does this, butinvolves
It usually has never seenanhim
holding touchbelow
object himself
the or appear
waist and
^tching someone looking in that direction. S. said he does not know if it
hasbeen done in front of any female employees.
S. said he has worked with E and 2 in the
past, but he has no knowledge of the conversation between E and 2
regarding "fisting his wife." S stated he does not remember working with
E ,2 and G at the same time.
S stated that he has received a few negative marks on his evaluations.
He has discussed it with his supervisors, signed the form, and moved on.
S said he has not witnessed G or s being
harassed or overly scrutinized by their supervisors. He has not heard anything said in
their presence that was in bad taste. S stated that the female officers are
treated the same astheir male counterparts, and he has no knowledge of
G or S being denied training or assignments.

Date: 22 October 2013

Interview of F J

Allegations:

• Witnessed E- involved in the "pow pow pow" episodes.


• Had knowledge that this occurred in front ofthe female police officers.
J has been employed bythe Neptune Township Police
Department for 25 years. He has been a for 15 years and is presently
assigned to the Section of the Police Department, J is retiring
from the Police Departmentat the end of October, 2013.
J stated he does not know anything about Ei placing his
hands in the area of his genitals and shooting people with his penis saying "pow-pow-
pow."

J said he does not know anything about "pow-pow-pow" and what It


refers to, and does not know if anything like that occurred in front of any of the female
employees.

Page 48 of 74
INVESTIGATION REPORT

Interviow of K D

Allegations:

• Witnessed E Involved in the "pow pow pow".


• Had knowledge that this occurred In front of the female officers.

• Had knowledge ofthe magnet that said, "I (heart shape) my penis" being placed
on a police vehicle used by Q

• Unfairness in the promotion process.

• Knowledge ofofficer's being denied training and assignments.


• Had knowledge of G being transferred from the High School SRO
position.

K D has been employed by the Neptune Township Police


Department for 13 years. He is presently assigned to the Section.
D also the President of Police Benevolent Association (PDA) Local # 74.
0 stated that he attended the mandatory training regarding sexual
harassment, and felt the training was adequate. He has not had any additional training
sincethen, butstated that memos are postedaround Headquarters regarding the issue
frequently, even before it was known about the complaints filed by G and
S

D stated that he has witnessed E involve himself in the


episodes referred to as"pow-pow-pow." D. described the deed as holding an
object below the waistline and catching somebody looking in that direction. There is no
touching or shooting somebody with their penis. D stated he has witnessed
this done in front offemale officers, and feels that it is inappropriate. D.
stated Itstopped after the EEOC Complaints were filed by G and
S:

D said he did not haveany knowledge regarding the magnet being placed
on the police vehicle until S called him, in his capacity as PBA president,
and told him about itright after he was questioned by A
D did not know about the incident regarding the message left on the Mobile
Data Terminal (MOT) in a police vehicle.

Page 49 of 74
INVESTIGATION REPORT

O D stated that G and S only came to


him and the PBA to discuss if their legal fees could be paid by the union. They never
came to the PBA regarding their complaints.
D stated that he has interviewed twice for the promotion to but has
been bypassed on both occasions. D feels the present promotional process
Is unfair. The questions are different for each candidate and the interview time varies
considerably for the diffierent candidates. D would recommend an outside
panel be used or a test prepared by the Chiefs Association.

O D described S as competent but tries too hard to be one of


the guys. According to D that gives S the appearance of
being rough around the edges.

D. •stated G has had a lot of schools and training since


becoming a policeofficer, however, once she started questioning the system, her career
has slowed down. She is not getting the schools or assignments she would like.
D stated he had heard that S was replacing G
In the High School In April or Mayof 2013. D said that A
liked to have control and lost some of that control when the High School Administrators
went through G instead of himon certain issues. 0 feels that
Is why G was transferred.

D stated, in his capacity as PBA president, that denials for training are not
documented, and favoritism is blatant.

Date: 30 October 2013

Second interview of: E G

Location: 240 Claremont Avenue, Montclair, New Jersey

Also Present: N E» S , Esq. and 0. b 0* , Esq.,


Smith Muilin. P.O., 240 Claremont Avenue, Montclair, New Jersey
G> stated that she was not sure whether all of the candidates for
the rank of sergeant are interviewed on the same day. Itwould depend on how many
candidates there are for the position, it could go on for a couple of days. The questions
are differentfor the candidates, but G agreed that it could be due to
confidentiality of the process, changing the questions from day to day.

Page 50 of 74
tNVESTIGATiON REPORT

G stated that the Department recently changed its policies so, now,
performance notices are done just before candidate interviews. As an example,
G stated that she received a verbal reprimand for missing an extra duty job. Six
months later, she was written up for the violation and given a written reprimand. That
occurred In February 2013, and the interviews for sergeant were in March 2013.
G stated that she did not know If it happened to anybody else.
In reference to seniority, G said she did not know if anybody in the Police
Department had been promoted with less seniority than she.
G said that sheformally requested, on two occasions, via memo, to be
assigned to the Quality of Life unit. The considers herseif to be proactive and a
good candidate for the unit. She is fluent In Spanish and English, and has conducted
numerous searches offemales. Shehasoften been called away from her assignment to
respond to a location to do a female search.

G. stated she has requested training to increase her expertise, but has
continually been denied the training.
G described B •as perverted, continually talks about
having sex with Z swife, R. . G stated that patrol
officers often talk about Ef sending crude pictures over his phone to
other officers. G provided thenames ofofficers she felt were recipient ofthe
pictures, namely, (s) D ,, K , M K , and N . There may
have been others, but' G said she has heard these officers talking about
it.

With regard to the comment that the then E made to the then
2 about fisting his wife, G stated she was only three feet away when
the comment was made, and it was said face to face between the two men. According
to G she is certain that E said tothen Z , "I
fisted yourwife last night." In addition, G stated that she did not
approach E until the next day and he did not offer to go see the Lieutenant when
she talked to him (E ) about it. In fact, he became extremely agitated, but did
apologize.

In regard tothe incident irivolving somebody placing the magnet on the patrol vehicle
that stated, "I (heart shape) my penis," G said the vehicle in question is
assigned to the SRO at the High School. It is used, according to G , by other
officers after school hours and on weekends. The was not aware that, on the
night in question, the vehicle was used by S for the Shop Rite detail.
G was also unaware that B checked the surveillance
video at Headquarters, and that is how they determined that S took a
Page 51 of 74
jWESTIGATION REPORT
picstureofthemagnetbutlettitonthecar. G stated A told
her, "You work with a bunch of guys, lighten up."

»ha» ntaLrf
that placed the magnet on futhe®car
^ and not astudent®
or civilian at the f°''o®Rite
Shop Department
because two weeks prior to that, somebody placed amagnet on LB'
personal vehicle with asimilar perverted message. It seems, according to G
mat somebody bought several of these magnets and placed them around the
Department.

leo^fB
(SRC) Program In ttiestatement made by G A stated
High School, .and thesheSchool
did notResource Officer
Initiate any
programs in the High School regarding teen pregnancies. There were afew pregnant
students in the school, and G stated she looked out for them as part of her
responsibilities as an SRC. She has not Initiated any such programs in the Middle
School.

With respect to the Request to Dismiss or Void Complaint incident. G


said she never stated to E that it was not harassment. In fact, it was
E who made the statement that she denied it was harassment.
G also stated that she never said to E- that he was fair and easy
to talk to.

G' steted that, just recently, E sent her most recent


evaluation back to M , stating hewas too kind and that he had to cite
specific negative incidents therein.

G said that F told her that his original report, regarding


the Request to Void Summons, was changed by somebody. The said his
report was given back to him by E who said there were some grammatical
errors, but he (E- )made the corrections;, so, Ei said just sign It, which he
did, never reading the second copy.
G stated that she did not approach the PBA regarding her complaints
against the Police Department.

Date: 30 October 2013

Second interview: c S
Location: 240 Claremont Avenue, Montclair. New Jersey

Page 52 of 74
INVESTIGATION REPORT

Also Present; N E S , Esq. and C. L C , Esq.,


Smith Mullin, P.C., 240 Claremont Avenue, Montclair, New Jersey.

With regard to promotions, S; stated that notall interviews are


conducted on the same day. Itcould go on for a week, depending on the numberof
candidates. The agreed that itwas feasible that the questions could change
from day to day because of the confidentiality of the process.
S stated she interviewed for the promotion to sergeant about ten times,
and felt she did an adequate Job during the interviews. She stated the questions were
similar In all of the interviews.

With regard to assignments, S said she did not requestassignment to


the Quality of Life unit because she had no Interest. She further stated that, as far as
she knew, you did nothaveto put anything in writing toformally apply for the unit.
S said that she has attended numerous courses and seminars where
she has paid her ownway, such as Street Sun/ival, New Jersey Women in Law
Enforcement, and Women in Street Survival. The Police Department did not deny her
permission to attend these courses, as long as she paid her own way.
With respect to E and the "pow-pow-pow" episodes, S
stated she has actually observed E' place his hands on his crotch and
pretend toshoot people with his penis. He (E ) and other officers do it back and
forth. E also has simulated masturbation, extending his hips backward
and forward.

S denied that the incident occurred where , then


E . stated that in December 2012 she participated in a "pow-pow-gotcha" episode
with E

S stated that she has been assigned to the Detective Bureau for ten
months. Initially, she said, she had problems with her reports and they were continually
being returned for corrections. The feels that she isgetting progressively
better in her report writing. S stated that the other detectives have their
reports sent back as well.

S; stated that the Detective Bureau's secretary does the reports for
some ofthe other detectives, G Wi , for example. According to
S , H likesthe idea of the secretary typing the reports.
With regard to training, S stated that she has been sent to some
schoolssince being assigned to the Bureau, such as Interview and Interrogation and

Page53 of 74
INVESTIGATION REPORT

Insurance Fraud; however, there have been occasions where the entire Detective
Bureau, with the exception of hec and another detective, went to training.

S stated that H told M G that he was


not sending her to any more schools.

With regard to the time B came to her residence when she was out sick,
S stated that the did call her before coming over, and that she
did not have a problem with that, S stated that the mistakes on the
complaints were made by B , but said the actual violations were minor
and could have waited until she retumed to work. The confirmed that the
complaints were arrest warrants and not summonses.

& stated that her arriving at work late was addressed by her supervisor,
but said other detectives come in late as well but are never spoken to.

As to the allegation that she Is vulgar and has a ''potty mouth," S stated
she Is no more vulgar than the guys she works with. S stated she has
used the phrase "suck my dick" In front of her co-workers, but not In public.

S said that this has been an extremely rough year for her with family
problems and health issues and dealing with the hostile environment she works In. She
recently received the worst evaluation she has ever received in the 16 years she has
been with the Neptune Police Department.

8 said that in the meeting she had with A regarding the


hostile workplace she was exposed to, she was not sure if she mentioned
M G by name.

S. never went to the PBA with the complaints she had against the Police
Department.

Date: 8 November 2013

Interview of: R M

Allegations:

• Told by F that G 's evaluation was too kind.

• Witnessed B Involved In the "pow pow pow" episodes.

• Unfair promotion process.

Page 54 of 74
INVESTIGATION REPORT

• G and S discriminated against during the


promotion process for sergeant

* ^ S 's work being overly scrutinized.


R M has been employed by the Neptune Township Police
Department for 25 years and Is presently assigned to the Section as a Shift
Commander. M has been assigned to the Monmouth County
Narcotics Strike Force, the Detective Bureau, Patrol Section as a sergeant, and the
Quality of Life unit as a Lieutenant.

With reference to G 's statement during her interview on 30 October 2013


regarding her most recent evaluation. .M stated that he was called into
E 's office about three weeks ago and told he was too kind in his
evaluations, but M said it was not about G . It was
about another ofllcer, but he could not recall the officer's name. He further stated it was
not in reference to the recent evaluations. It was about the evaluations covering the time
period between July through September. The most recent evaluations are not out yet.
M stated he does not and will not change his evaluations. If the
wants an evaluation changed, they will have to change it
themselves.

M said he has heard about the "pow-pow-pow" episodes but has


never seen It done. He did not equate it to anything pomographic.
With respect to promotions, M stated the current process is unfair.
A when he was still there, would make promotions/assignments based on
personal reasons. The stated that during his interview for the Captain's
promotion, the Chief was text-messaging and e-mailing on his phone, paying little
attention towhat he (M ) was saying. At the end ofthe interview, A
asked one or two questions, and closed the interyiew.
According to M , a encouraged all of the senior lieutenants
to retire underthe guise that, If theydid not, their benefits would be reduced.
A was trying to intimidate the lleutenante into leaving so he could complete his
agenda unimpeded. That agenda included his refusing to fill several lieutenant positions
until the younger supervisors had the necessary time in grade to be eligible for a
promotion. This act of "gently forcing" these lieutenants to retire, according to M
A discriminating against the more senior supervisors.
M stated that G lacks the experience and leadership
qualifications to be considered for the rank of sergeant, and her present assignment as
Page 55 of 74
INVESTIGATION REPORT

a School Resource Officer will prevent her from getting that experience. The
should be virorking In patrol, according to M
The said that he did not have an opinion about 8 's
qualifications to be a sergeant

M stated that itappears G is being micro-managed


sinceshe filed her complaints. The cited an incident thatoccurred recently
virhen he was called Into Et ' office and told bythe Captain to have
G :prepare a "comp slip" for 15 minutes for the day she was meeting with her
attorney. Ei said" G just can't follow orders."
M said he had to leave a report regarding his interaction with G

Date; 8 November 2013

Interview of: Ms. H R

Allegations:

• Witnessed S being discriminated against and harassed.


• Witnessed 8 being denied training.

• Witnessed S 's work product being overly scrutinized.


• Witnessed 8. 's ringtone being singled out.
• Has witnessed E involved in the "pow pow pow" episodes in front
of female employees.

Ms. H R has been employed by the Neptune Township Police Department


for eight years. Ms. H is currently the secretary In the Detective Bureau of the
Police Department. She has had that position for the lastthree years. Prior tothat,
Ms. R worked in the Records Section ofthe Police Department for five years.
Ms. R 's responsibilities include preparing cases to be sent to the Monmouth
County Prosecutor's Office, typing ofreports, filing cases, and typing ofstatements, and
other clerical duties, as required.
With respect to 0 S , Ms. R said that S
wants to be treated like one ofthe guys, but then claims she Is being discriminated
against. Ms. R stated S is nottreated badly. She is not

Page 56 of 74
INVESTIGATION REPORT

harassed and is not singled out M G , B and


A try to teach her, but she does not take it well. She does not take criticism well.

Ms. R said that everybody in the Detective Bureau acts professionally. It is


8 that wants to play the victim. She seems to have a sense of
entitlement because she is a female.

Ms. R stated that 8 makes a lot of mistakes. Her reports are


always being returned to her for corrections. She said 8 has to be
prompted to ask pertinent questions when taking statements. She is constantly sent
back in to ask additional questions. According to Ms. R , S has
a lotto learn.

Ms. R stated that she does type some of W 's reports


because that is what he is comfortable with. Ms. R said she used to type
everybody's reports, but now most of the detectives type their own. S
has never taken advantage of this, according to Ms. R , and her reports are
always behind.

Ms. R! stated that S: does not want to be there (Detective


Bureau). 8he wants to be a sergeant in Patrol. At the end of the day, she is the first one
out the door.

Ms. R said that S has a vulgar mouth and has said


inappropriate things in front of civilians, especially during sex crime investigations.

Ms. R stated that nothing has ever been said in her presence that made her
feel uncomfortable. She has always been treated with respect.

With regards to Si 's ringtone. Ms. Ri said that


S was not singled out Itwas told to everyone, including her, to place their ceil
phones on vibrate.

With reference to Ei and the "pow-pow-pow" episodes, Ms. R


said she has heard of it, but E has never done it In front of her. She has
never heard of the touching himself during these episodes. Ms. R
described E as hilarious and funny: a person who tries to break the
tension around Headquarters.

According to Ms. R , E G also has a sense of entitlement


because she is a female.

Page 57 of 74
INVESTIGATION REPORT

Date: 8 November 2013

Interview of: c M K
Allegations:

• ME sends caide pictures through his cell phone to other


officers.

• Those officers talk about the crude pictures in front ofthe female police officers.
C M- K has been employed by the Neptune Police
Department for fifteen years and is assigned to the Patrol Section. Prior to becoming a
Neptune Police Officer, M" K was a Police Department dispatcher for two
years.

With reference to statement made by G« about E. sending


crude pictures toother officers from his cell phone. M K stated he
(El ) does dothis. MK said he believed the used his
personal cell phone and did not know If he did it while working. The will send
these pictures out to a group of officers.
MK is familiar with the "pow-pow-pow" episodes and E
According to' MK , E is not the only one that participates In
these incidents. The stated hedoes not know if it ever occurred in front ofa
female officer orfemale civilian employee. MK said that whoever Initiates
the episode will hold an object below their waistline, and if another person looks in that
direction, the initiator will say, "pow-pow-gotcha."
According to MK , B does It more than most people.
M Ki stated G has a lot to team, and lacks experience. She
is not supen/isor material.

S is a good cop, according to MK . and has the experience


to be a good supervisor.

Date: 8 November 2013

Second Interview of: k


Allegation:

Page 58 of 74
INVESTIGATION REPORT

• M E sends crude pictures through his ceil phone to other


officers.

• Those officers talk about those pictures In front of the female police officers.

With respect to the allegation made by EG during her


interview on 30 October 2013, D replied in the affirmative when asked if
M E sends crude pictures through his cell phone to other officers.

D showed this Investigator a sample of such a picture on his cell phone that
he had received from E on 11 August 2013 at 6:07 a.m., with the
caption of'YD MAN!!! Get outta therein. I'm disappointed in youlli" This Investigator
concluded the picture displayed was crude, and requested D to e-mail a
copy of the picture. D did so, and this picture is now part of this case file.

In addition to the picture, D showed this investigator a brief video clip that he
received from E on June 8,2012 at 4:27 p.m., along with the question of
"you played the video?" At 4:45 p.m. on that same date was the comment of "pow-pow-
pow-gotchal" " is inside! Watch the video over &over till you see it!" The video
shows a picture of what appears to be a computer keyboard, then the scene moves
down to someone's crotch that appears to be wearing jeans. D e-mailed the
video to this Investigator as well, and it is now part of this case file.

D stated he did not know if B was on duty or if he used his


personal or Police Department issued cell phone when he sent the picture. D
said the picture was sent as a group text, but he did not know who else received it.
D did not recall how often he received these images. He further stated that
other officers did talk about it, but he did not think it was done in front of any of the
female officers.

Date: 8 November 2013

Second Interview of: D F (ret.)

Allegations:

• ME sends crude pictures through his cell phone to other


officers.

• Those officers talk about the pictures in front of the female police officers.

Page 59 of 74
INVESTIGATION REPORT

With respect to the allegation presented by EG during her


Interview on 30 October 2013, F stated that M E
does send crude pictures from his cell phone to other officers.
F stated he has received some of the pictures from E
but does not believe he has receivedthem during working hours.

Date: 8 November 2013

Interview of: J A

Allegations:

• S 's work product is overlyscrutinized.

• S is being singled out and discriminated against.


• S was singled out for her ringtone.

• Witnessed .S engage in a "pow pow pow" incident with then


E

J A has been employed by the Neptune Township Police Department


for nine and a halfyears. A is presently assigned to the Detective Bureau
as one of the supervisors. A has worked in the Patrol Section, Quality of
Life unit, and the FBI Task Force.

A' stated that C 8 is not being singled out, and that


all of the detectives are treated the same. According to A
S . despite having 17 years experience, Is not proficient in her report writing skills.
The 's reports are sent back more frequently than the other detectives only
because she makes more mistakes. The secretary will type reports; she does itfor
W because he is comfortable with that. S is
afforded the same opportunity, but she never takes advantage of it.
A said that S does have a vulgar mouth but he thinks it is
because she tries to frt in. According to . A , S does not want
to be in the Detective Bureau, she is always the last one in and the first one out. She
wantsto be a patrol sergeant, butshe does not showany supervisory qualities.
A said S was not singled out for her ringtone. Everybody
was told to put their personal cell phones on vibrate. The stated he had no

Page 60 of 74
INVESTIGATION REPORT

knowledge of H telling MG he was not sending


S to any schools.

With reference to what E stated in his interview ori 26 September 2013


regarding 8 initiating a "pow-pow-pow" incident with him, A
stated he did not recall the specific incident he was alleged to havewitnessed, buthe
has observed S partake in "pow-pow-pow" incidents with others at the
Police Department.

Date: 8 November 2013

Interview of C N

Allegations:

• ME sends crudepictures from hiscell phone to other


officers.

• Those officers talkaboutthe pictures in front ofthe female police officers.


• Witnessed E engage in "pow pow pow" episodes.
C N has been employed by the Neptune Township Police
Department for seven years. Prior to joining the Neptune Township Police Department,
Officer Niskoch was a police officer with the New York City Police Department for three
years.

N has served with the Police Department's Quality of Life unit and is
presently assigned to the Patrol Section.

N stated he has received crudepictures on hiscell phonefrom


M E . The pictures were sentfrom E cell phone as
a mass text message. N was unsure which cell phone the used
but thought Itwas probably his personal cell phone. The said he deletes them as
soon as he gets them. N said the other officers talk about It, but usually in
the locker room and not in front of others.

Wrth regard to E and the "pow-pow-pow" episodes, N has


observed E do this. The stated that the places an object
below his waist, and if you look in that direction, he'll say, "pow-pow-gotcha."
N said he has never seen E touch himself orpretend to shoot
others with his penis. He also stated he is unsure If E does this in front
offemales. Hefurther stated he is unsure if anybody else does this.
Page 61 of 74
INVESTIGATION REPORT

With fBspect to the current promotional process, N stated that It is unfair.


There should be other elements to the process, such as a written testto addtothe
interviews, according to N
Also, when assignments, such as the Quality of Life unit, Detective Bureau, or County
Strike Force become available, they should be posted sothose interested can apply.

Date: 18 November 2013

Interview of: B T

Allegation:

• Amessage that was left on the Mobile Data Terminal (MOT) in a patrol vehicle
used by G that stated "My name is B T &i like penislll
Nothing makes me happier than a large penis in my mouth with semen
ejaculated down myesophagus."
B T has been employed by the Neptune Township Police
Department for almost three years. T Is presently assigned to the Patrol
Section of the Police Department.
The purpose of this interview was to ask T about an allegation that was
listed in a letter prepared by 0. L C , Esq., an attorney representing Police
Officer E G and 0 s , The allegation made
referenced a message that was left on the Mobile Data Terminal (MDT) in a patrol
vehicle,' My name is B T &ilike penislll Nothing makes me happier than a
large penis in my mouth with semen ejaculated down my esophagus."
With regard to the message left on the MDT, T stated he knew nothing
about it. He did not remember G. confronting him about it. T
said he was questioned by a supervisor (he did not recall who the supervisor was)
several months ago. T told the supervisor the same thing; hedid not know
anything about it.

Date: 19 November 2013

Interview of; L: F

Ailegation:

Page 62 of 74
INVESTIGATION REPORT

• Conducted investigation regarding the Request to Dismiss or Void Complaint


form filed by G

• Someone changed F s Investigative Report without his


knowledge.

E G stated during her second interview on 30 October 2013


lhat L F told herthat his original report regarding the Request
to Dismiss or Void Complaint was changed bysomebody.
L F has been employed by the Neptune Township Police
Department for 26 years. He has beena for nine years, and ispresently
assigned to the Section.

In regards to the Request to Dismiss or Void Complaint form that E


G prepared, F stated that he was asked by H
to speak to G and submit a follow-up report.

F stated that G did not work for him at the time, but he
assumed the asked him because he was working the day shift.The
stated that he has a good rapport with G , and she may be
moreforthcoming with him regarding why she felt she was being harassed. That was a
concern expressed by H . According to F
C prepared a report, as well.

F' said he was not told to recommend discipline, just talk to


G about the reason for the void request, and file a Departmental Investigative
Report, which is a multi-use form, not an Internal Affairs form. The stated he
completed the report and gave it to H

F said the reportwas returned to him several times forgrammatical


errors after M E returned from vacation, F said he
did not read the report entirely when itwas returned to him, he just made the
corrections. According to the , it looked the same as the original.
F said that he sat down with G and went over the report
with her. That is something he always does, according to F . The
said he stands by what he wrote In the report and would not change it.
The stated that the original report is saved on the computer at Headquarters.
Anybody can access the report to read and make changes, if they wanted to.
F said he did not have a personal copy ofthe report. F agreed to a
second interview on 20 November 2013 to reviewthe copy of his report that was sent to
Mr. M B , , from E G

Page 63 of 74
INVESTIGATION REPORT

20 November 2013

Second Interview: L F

On this date, F reviewed a cx)py his report dated 17 July 2013 and
confirmed the report had not been changed. Itwas the report he had submitted
regarding his investigation of G> and the Request to Dismiss or Void
Complaint incident.

Itis noted that the copy of F 's reportwas provided to this Investigator by
Neptune Township officials.

Date: 25 November 2013

Second Interview of: M E

Also Present: 0 iJ. D S .Esq.


Location: Law Offices of Damico, Del Sardo & Montanari, LLC,
300 Lackawanna Avenue, Woodland Park, New Jersey

Allegation:

• M E sends crude pictures to the cell phones of other police


officers. Those officers talk about the pictures in front of her, and it makes her
feel uncomfortable.

• G was removed from her position as a School Resource Officer in


the Middle School effective January 2014.

received discipline for missing an Extra Duty Job six months


prior.

M E was advised of the aforementioned allegation by


E G . This investigator showed E the picture that was
provided by K D . This Investigator explained to
E that D was listed as a witness by G* as someone
who received these pictures, and was subsequently interviewed by this Investigator
regarding the allegation. Itwas during this Interview that D showed this
Investigator said picture, as well as a video which he stated he also received from
E

Page 64 of 74
INVESTIGATION REPORT

E stated that he probable did send D that picture but he is


not positive. The said that he often receives these pictures from others and will
forward them.

As far as the video is concerned, E stated he did send D the


video. It depicts what he refers to as the "pow-pow-pow" incidents. According to
E , itclearly shovvfs he was offduty, since the video shows him in a pair ofjeans,
not in his uniform.

E stated that he never sent these pictures and the video while on duty,
and never used the Police Department issued cell phone. The stated he was
only issued a Department phone in December 2012.
With reference to shift selection, Et stated that the Police Benevolent
Assodation (PBA) was awarded the yearly shift selection in the latest contract. Each
November, the officers pick the shifts that they desire to work the following year. The
selection and subsequent shift assignment is based on seniority.

G requested the three-to>eleven shift as her first priority.


E stated that, based on her seniority. G would have weekends
off, at least for that year.

It is not unusual, according to Ei , for an officer to be removed from a


specialized assignment to honor the officer's shift selection. E , citing an
example, said that K O' was removed from his position as an
SRO to afford another officer the SRO position.

With regard to G receiving discipline for an Extra Duty Job violation six
months after the incident, E stated that it is an unwritten policy that ifan
officer is late for a EDJ or misses the EDJ altogether, the officerwill receive a 30-day
suspension from working the details. There is no further discipline issued. Ifthere is a
second violation, it is possible the officer will receive a written reprimand. A written
reprimand becomes a permanent record in the officer's personnel file.
E said that G has been written up several times. On one
occasion, G missed an entire shift. According to E ,
G was in Memphis, Tennessee. And when reached, she stated she put
in for the time off, but never followed up to see if it was approved.

E stated that the female officers at Neptune Townshio Police


Department are catered to. As an example, according to E ,
S was caught engaged in sexual intercourse with M K in

Page 6S of 74
INVESTIGATION REPORT

MK 's house. S was on duty at the time. Although superior


officers were made awareof it, nothing happened to the
In addition, according to E , S was overheard telling
female civiilan employees that, "J J has the biggest penis that I've ever slept
with, and I've slept with a lot ofmen." E stated he made supervisors
aware ofthe information he had received, but nobody wanted topursue it.
E stated that the female employees at the Neptune Township Police
Department are catered to so they do not end up in courtlike this.
E said that G stills lacks the experience to be a
supervisor. As an example. E stated that, recently, G
referred to projectiles as "spentshellcasings," even though A
advised the of the correct terminology.
El stated that J M C told him that during a
PBA meeting In 2013, G and S. advised everybody that
they were filing EEOC Complaints and they (PBA members) better geton board or
sufferthe consequences. M C said he felt threatened. This statement
was made in response to G 's allegation that shehas been walking
around with a target on her back since the EEOC Complaints were filed.

Date: 27 November 2013

Interview of: J M. C

Allegation:

• M C was present at a Police Benevolent Association


(PBA) meeting in 2013 when E G and
C S announced to the membership that they were filing an EEOC
Complaint,and that they (the members) betterget on board or will suffer the
consequences.

J M C has been employed by the Neptune Township Police


Departmentfor six years and is presently assigned to the Patrol Section.

With reference to the allegation that G and S made an


announcement at a PBA meeting that they were filing an EEOC Complaint.
M C stated that although S was present atthe meeting, she
remained mute. It was G that made the announcement.

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INVESTIGATION REPORT

C said Gt stated they (the members) could jump on


board, but he was not sure if G said the members would suffer the
consequences if they did not

M C stated he thought itwas a personal matter with the officers and


should not have been announced atthe meeting. It made him feel uneasy. The PBA
meeting took place sometime In March or April of 2013, according to
M C .

Data: 6 December 2013


2"^ Interview of J H
Allegation:

• E G missed an Extra Duty Job in August 2012.


G was told by R A , "don't do it again." In February 2013,
six months later, Gj was disciplined for the violation.
With regard to the aforementioned allegation, H stated he was the
at the time ofthe violation, and he did write her up. According to H
G wasassigned to an overtime detail, and shefailed to appear for the detail.
When G was contacted, she forgot about thedetail. G
admitted to H that It was her fault.

H said that G was written up at the time ofthe violation, but the
paperwork may have stayed on A desk. According to H
A had a habit ofdoing that. H stated his records show that G
was disciplined for that violation in January 2013

Date: 11 December 2013

3"*. Interview; j H

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INVESTIGATION REPORT

Allegation: Allegation received 11 December 2013 via e-mail from N E S ,,


Esq., law firm ofSmith Mullen, P.O., Montclair, New Jersey, lead counsel representing
E G and C S

• Gi has been removed as the School Resource Officer (SRC) for


the Middle School effective 1 January 2014. The only notification she received
was by looking at nextmonth's schedule (January 2014). G was
recently recognized with an award by the school however went unrecognized by
the Police Department.

• S , the only member ofthe Detective Bureau not provided with a


tactical vest, was given a vest by retiring D . On 10 December
2013, S 's supervisor texted her, ordering her to turn in the vest to
him the following morning. The supervisor took the vest on 11 December 2013
and refused to provide her with a reason.

( )J H was intenriewed with respect to the 11 December 2013


allegation made by S . H said that D , along with
other officers, was retiring and the Police Department was In the process ofcollecting
their equipment.

When D was questioned as to where his vest was he stated he gave it to


S because it had a tactical cover on it.

H explained that the tactical cover slips over the vest and has pockets for
additional equipment.

H further stated that all of D 's equipment had to be accounted for


and he ( D ) did not have the authority to personally distribute any of his
equipment to any member ofthe Police Department.
H explained that all bullet resistant vests issued by the Police Department are
individually fitted to each officer. The life span ofthe vest is five years. When an officer
is in his/her fourth year they are measured for a new vest. When S is
due to be re-measured for a vest, she will be.

According to H , D is about five foot three or four while


S is about six feet tall. D 's vest would not fit S
correctly and afford the necessary protection.

According to H , when S turned in D 's vest, the


was asked where her vest was. S stated it was at home.

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INVESTIGATION REPORT

H stated that apparently S wanted the tactical cover for the vest.
Ifthe asked for one, one will be provided to her,
SUMMARY:

This Investigator was retained by Neptune Township Administrators to conduct an


independent investigation regarding theallegations ofsexual harassment,
discrimination, and hostile workplace environment presented by Neptune Township
E G and Neptune Township C
S

This Investigator reviewed numerous documents and conducted 36 interviews regarding


the allegations and, therefore, has concluded as follows:

With regard to promotions; A , H and C L


stated in their interviews that S had difficulty responding to questions
presented to her dunng the promotional interviews. Thiswould understandably present
the Detective in a negative way tothe interviewers, causing them to doubt herability to
function in a supervisory capacity. Also, there Is nothing thatsuggeststhe questions
presented during the interview are gender based and changed for the individual
candidate. According to A , the questionsdo change if the interview process
continues overthe course of several days for reasons of confidentiality.
With regard to assignments - S made a statement during her first
interview thatshe was denied a position with the Quality ofLife unit. However, during
her second interview, the stated she had no interestinthe unit, and did not
apply. Ifthat is the case, then It raises doubts as to whether S was told
she was not being considered for the unit because she is a single mother. The
seems unsure of what the allegation should be, undermining her credibility.
With regard to retaliation and harassment • According to interviews with
A and H , S was assigned to Detective Bureau to
enhance hercompetence, in order to make her a bettercandidate for sergeant.
Interviews and documents provided by M G , B , and
A (supervisors in the Detective Bureau) showed that Detective Savage
exhibits poor performance on a continuing basis. The allegation ofharassment and
retaliation lacks credibility since itappears more likely than not 8 was
being fairly criticized on a professional level. During his interview, M G

Page 69 of 74
INVESTIGATION REPORT
stated there was a willingness of the supervisors to assist S in getting
acclimated to the Bureau.

According to information received through the course of several intervie>A^, it was


determined that S was not singled out for her ring tone. During astaff
meeting, everyone in the Detective Bureau was advised to place their personal cell
phones on vibrate.

According to interviews, G and s announced ata PBA


meetlrig that they were filing EEOC Complaints, however, thespecifics were not known.
The filing, apparently, was not being kept asecret if the Officers themselves divulged
such information.

It was conflnned, during Interviews, that there was a discussion at Shape-Up regarding
the filed EEOC Complaints after they were filed. According to the documents, the
contents of the complaints were not known nor discussed, but it was mentioned by the
supervisors that everyone should be treated with respect.
S requested a tactical vest from a retiring officer. According to
H . every assigned vest isfitted to that specific officer. H stated
that there was a significant physical difference between the retiring officer and
S •The stated during an interview that he was holding the retiring
officer accountable for his equipment, but that there was also a genuine safety concern
S wore an ill-fitting vest. According to the I
S left her assigned vest at home, which demonstrates a lack of responsibility on
the part of S , and significantly undermines her credibility.
If there is a mistake on an arrestwarrant, it has to be corrected before it isentered into
the Court database. This is standard police protocol, not retaliation. According to
B: , he was exercising his authority as a supervisor when he corrected
the warrant and requested to go over to S s residence for her to re-sign
the document. S had the option ofdeclining the request for a visit.
With regard tosexual harassment -Although S complained about
E. and the"pow-pow-pow" episodes, It has been reported through
interviews with E and B and A that
S also participated in the same type ofactivity. It was also reported
during the interviews that S frequently uses vulgarity in front ofher cc-
workers, and citizens alike, making those around her uncomfortable; thus, making her
therefore, the allegation Is not credible.

A» admitted, during his Interview, that he may have referred to


^ and S as "ladles," however, it was not said in a
Page 70 of 74
INVESTIGATION REPORT
OTndescendIng way. stated he would refer to a group of male officere as
"gentlemen." The use of the terms "ladies" and "gentlemen" Is quite common.
There is nothing presented to support the allegation that the told
S to "get used to it," and, "that is the culture here" therefore, the allegation is not
credible."

With regard to promotions -According to A , H , and


. G' , although well educated, does notpossess the
necessary experience to be a first line supervisor. Also, there is nothing that suggests
the questions presented during the interview are gender based and changed for the
individual candidate. According to Adams, the questions do change If the
interview process continues over the course of several days for reasons of
confidentiality.
With regard toassignments - A and H stated during their
interviews that only experienced officers and those with certain expertise are assigned
to the Quality of Life unit. According to A and H
G lacks the experience necessary to join the unit. There was nothing presented
to this Investigator thatsuggests G was ever told that she would notbe
considered for the unit because she was a single mother.
According to the information obtained during Interviews with Af and
H , assignments to the County Task Force and the FBI Task Force are based
on the request from the individual Task Force. The officer with the required expertise is
then selected by the Chief ofPolice. According to A , the selection Is open to
both female and maleofficers. It depends on the requestfrom the Task Force.
G was assigned to the Neptune High School as its School Resource
Officer. G was removed from the High School at the end ofthe school
year and reassigned to the Middle Schoolat the beginning of the new school year, still
as a School Resource Officer. During subsequent Interviews, it was determined that the
reassignment was due to othertransfers within the Police Department. The
remained within the SRO program, which Is also a specialized assignment.
With regard to training - According to interviews with A and
H , requests for training are based on the officer^s present assignment or particular
expertise. The statements made by the and are credible, since this
Is standard policy within most police agencies.

Page 71 of 74
INVESTIGATION REPORT

with regard tosexual harassment - A authorized an investigation Into who


placed the magnet that stated, "I (heart shape) my penis" on a police vehicle used by
G . This Investigatdr determined, through inten/iews, thatthere was no
harassment directed specificaHy toward G . and that this particular vehicle
was used byothers afterschool hours. G stated that there was another
magnet placed on another officer's personal vehicle which contained similar indecent
verbiage. This does not rise tothe level ofharassment, but simply reveals the 4
immaturity ofothers and undermines the validity ofthe allegation.
A admitted, during his interview, that he may have referred to
Q 8rid S as "ladles," however, itwas notsaid In a
condescending way. The stated he would refer to a group ofmale officers as
"gentlemen." The use ofthe terms "ladies" and "gentlemen" isquite common.
There is nothing presented to support the accusation that the told
G' to "get used to it," and "that is the culture here," therefore, the allegation is not
credible."

The incident that involved then E and then Z making the


comment, "I fisted yourwife last night" in the presence of G ; this
Investigator feels that, more likely than not, E grabbed his fistAA/rist in a manner
that would simulate the phrase, "Fuck you," not necessarily with the intent ormeaning
that G took it to mean.

This Investigator determined that the incidents regarding E and referred


toas the "pow pow pow" episodes did occur, not as described by G (the
touching of his genitals and pointing his penis at others as if to shoot them and saying
pow-pow-pow), but as described by numerous others interviewed (holding an object
below his waist encouraging others to look in that direction). This is also supported by a
video obtained bythis Investigator, In which E Identified himself as the
participant.

There was nothing provided to this Investigator that would support the credibility of the
allegation of harassment made by G regarding a vulgar message left on
a MDT. There Is no evidence that would indicate the message was meant for
G

The allegation that E. has sent crude pictures over his cell phone to
other officers Is supported by fact. This Investigator received an example ofsuch a
picture from D , which is part of this casefile. It does not appear, however,
that these pictures were ever sent direc% to.any female employee. There is no
evidence that would suggest E used a Department phone ordid this
while on duty.

Page 72 of 74
INVESTIGATION REPORT
with regard to retaliation - G was transferred from the SRO program at
the Middle School effective January 2014, due to her contractual shift selection.
Documentation provided indicated that G selected the 3 to 11 shift as her
first choice. The Officer would have had to select the 7 to 3shift in order to maintain her
status as an SRO in the Middle School.

The investigation conducted by F into the Request to Void Complaint/


Summons was a legitimate Investigation requested by H because
G chose to go home sick, and the reason for voiding the summons still
needed to be addressed. After reviewing his report with this Investigator,
F confirmed that his report was not changed by anybody, thus, undermining the
credibility of G 's allegation that the report had been changed.
8 adamantlydenied the allegation that he threatened O G
with discipline regarding this incident, further undermining the credibility of the
allegation. G 's allegation that she did not receive sufficient backup only
seems to have occurred once, and itwas during this accident investigation (the incident
related to the Request to Void Complaint/ Summons Investigation). According to the
information received during subsequent interviews, there was anofficer already on
scene assisting with traffic. Normal police protocol would dictate that the investigating
officer would alsodirect traffic until the roadway was clear, then continue with the
report/investigation. Sergeants do not normally respond to accident scenes to assist
with traffic.

This Investigator determined thatthe allegation made by G that


E' made M change his most recent evaluation of
G is not credible. M stated he would never change one of his
evaluations, and themost recent evaluations were not even out yet.
M stated dunng his interview that E recently asked him about
another officer's evaluation, not G
G did receive a reprimand for a violation that had occurred six months
prior. This was confirmed during an interview with H
stated that A had a habitof retaining discipline matters on his desk for some
time, then issuing them to the officers. There was nothing provided, however, to
.^stantiate that this was done specifically to G with malicious intent.
Three female Police Officers and a female civilian secretary interviewed stated that they
have not been made to feel uncomfortable orembarrassed by the actions ofthe male
officers, and are treated with respect.

Page 73 of 74
investigation report

Gregory K. Turner

Page 74 of 74

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