IRVINGTON — An independent hearing officer denied several
motions today to dismiss dozens of administrative charges against Irvington
Police Chief Michael Chase.
During the opening of disciplinary proceedings against
Chase, his attorney, Joseph Donahue, argued that a Star-Ledger article in
January disclosing specific allegations against the chief made it impossible
for him to receive a fair and impartial trial.
Donahue also said the township had violated guidelines from
the Attorney General's Office on internal affairs by failing to hold Chase's
hearing within 30 days of charging him.
Ultimately, the hearing officer rejected the motions, ruling
the newspaper article would not prejudice her decisions in the case. She also
upheld special prosecutor Robert Utsey's argument that the "voluminous
discovery" made it impossible for the hearing to be held within the attorney
general's 30- and 45-day deadlines.
Chase was suspended indefinitely and charged in December
with more than 130 violations of the attorney general's guidelines and
Irvington Police Department rules. The bulk of those charges came after an
Essex County prosecutor's audit found the Irvington Police Department's
internal affairs unit failed to properly investigate more than 100 allegations
of officer misconduct between April and August of 2012.
Chase was accused of failing to adequately supervise the
unit. He was also accused of ordering two detectives, Melvin Shamberger and
Frank Piwowarczyk, to kill an internal investigation into misconduct by Officer
Rashaan Sampson, who is Chase's nephew, and ordering those detectives to run
personal errands for him on township time.
Chase's replacement, Capt. Dwayne Mitchell, came under
scrutiny earlier this month when Shamberger and Piwowarczyk filed a hostile
work environment complaint alleging he transferred them out of Internal Affairs
as punishment for accusing Chase of misconduct. Mitchell is the godfather of
Chase's son, according to the complaint.
The majority of the allegations focus on shortcomings in the
internal affairs unit, causing Donahue to wonder aloud why Irvington Police
Director Joseph Santiago and the Internal Affairs commander, Lt. Monique Smith
have not faced charges themselves.
Smith was named in the prosecutor's review, but ultimately
not charged. Allegations against Santiago have not surfaced.