Former Montclair police officer Thomas White was suspended without pay on April 14, 2004 initially due to 10 charges of violations of the Montclair Police Department’s rules and regulations. While only one charge was ultimately sustained by the court — which resulted in his termination from the department — White requested back pay for the duration of his suspension. Yesterday, Judges A.A. Rodríguez and C.L. Miniman ruled to deny him compensation of “at least $66,637.46″ in the Superior Court of New Jersey Appellate Division.
White contested that he was improperly suspended, and that his actions — associated with activities suggesting he was employed by the G-Spot Lounge (the Lounge), on Bloomfield Avenue, Montclair, above the DLV Lounge — were innocent. White’s attorneys from Hellring Lindeman Goldstein & Siegal L.L.P. argued that the issue being considered was whether White’s conduct “was equivalent to the most serious of crimes… involving moral turpitude.”
In 2008, ABC enforcement officials testified that the Lounge, which was located on the second floor of 300 Bloomfield Avenue above the first-floor bar, which was called the DLV Lounge (the DLV), was not operating “under the ABC guidelines” and that the owner of the DLV, George Maribel, was eventually cited for a liquor license violation in connection with permitting the operation of the Lounge.
His counsel further asserted that White’s conduct was innocent behavior, saying that “at worst it was a de minimus violation,” and that he did not violate any rules or regulations.
Representing Montclair in the case was attorney Alan G. Trembulak. The Township asserts that White is not entitled to back pay because he did not file a motion for it.
The Judges stated that yesterday’s decision was based on one issue only; whether or not White had initially raised the issue of back pay during the 2009 proceedings. The Law Division judge at the earlier hearing determined that White had not, in fact, raised the issue in the prior proceedings and denied his request for back pay on September 4, 2009. This ruling was upheld at yesterday’s proceedings by Judges Rodríguez and Miniman.
Read the court brief here.
