on sale now at amazon

on sale now at amazon
paperback or ebook

Glassboro police officer appeals suspension following allegedly botched handling of stabbing


GLASSBORO — He’s escaped being fired, but a borough police officer is appealing a recommended two and a half-month suspension triggered by an alleged mishandling of a stabbing suspect in 2010.

Officer Michael D. Bozarth filed a motion June 28 with the state Superior Court Law Division, seeking a new trial in Superior Court on the matter. He’s also suing the borough for unspecified legal costs and back pay for time lost.

Bozarth, who’s been a Glassboro officer since 2002, contends the department sought his ouster and otherwise disciplined him without due process. A judge eventually ruled he shouldn’t be fired but recommended the 75-day unpaid suspension.

The case stems partly from a July 30, 2010 incident dispatched as a stabbing at a local Cheesecake Factory restaurant.

That incident was detailed in a brief defending the initial decision to fire Bozarth, submitted this past November by the borough’s attorney in the matter, William F. Cook.

According to the brief, an officer reported - and several supervisors were informed - that Bozarth allowed the suspect to approach the officers and the alleged victim on scene. In fact, testimony held, the suspect came close to several officers and starting yelling at the alleged victim.

They further said Bozarth did not search the suspect for a weapon. Nor did he initially handcuff her or otherwise keep others out of harm’s way, the officers said.

Police were investigating the stabbing as a possible domestic violence incident.

The brief also detailed testimony by officers who said Bozarth had performed badly in certain training and decision-making overall, as well as in several daily police duties.

Efforts to help him improve, they said, worked partly. But, the brief said, “there were continuing concerns about decision-making and assertiveness.”

Retraining, along with other measures, were reportedly taken. Police Chief Alex Fanfarillo eventually decided neither those measures, nor a suspension, would work.

The chief concluded, the brief said, that Bozarth “cannot adequately serve as a police officer in the Glassboro Police Department.”

In his suit filed by his attorney, Thomas Cushane, Bozarth says the department violated state law forbidding the firing or suspension of an employee unless he or she is served with a written, specified complaint in due time.

He also contends an initial notice (preliminary notice of discipline) given by Fanfarillo a week after the Cheesecake Factory incident was “devoid of any reference to discipline for (his) conduct on July 30, 2010,” his appeal reads.

Yet a final notice of disciplinary action “is based strictly on that singular (Cheesecake Factory) incident,” it says.

Among other abuses, Bozarth also argues that in August 2011 - more than a year after Fanfarillo’s original notice and still without a final ruling - he was notified that he had long ago used up his paid leave.

When he was suspended without pay, the suit says, Bozarth’s health benefits and those of his children were cut off.