CLEARY GIACOBBE ALFIERI JACOBS
SUCCESSFULLY OBTAINS DISMISSAL OF LAWSUIT CHALLENGING TERMINATION OF PROBATIONARY OFFICER 

Wayne Township terminated plaintiff who was a probationary officer in his first year of employment for failing a required drug test. Plaintiff filed a lawsuit challenging his termination alleging that he was entitled to a full disciplinary hearing pursuant to N.J.S.A. 40A:14-147 and a subsequent review of his termination before the Superior Court pursuant to N.J.S.A 40A:14-150.

On behalf of Wayne Township, the Firm filed a motion to dismiss the lawsuit arguing that pursuant to N.J.S.A. 52:17B-69(a), probationary police officers are not entitled to a disciplinary hearing or a Superior Court review as those statutory rights are reserved only for permanent police officers.

Passaic County Assignment Judge Rudolph A. Filko agreed with the Township’s argument that plaintiff was a probationary police officer appointed under N.J.S.A. 52:17B-69(a). Judge Filko found that N.J.S.A. 40A:14-147 “clearly and unambiguously only applies to ‘permanent members or officers of the police department.'”

Judge Filko also ruled that Plaintiff’s reliance on N.J.S.A 40A:14-150 seeking Superior Court review was misplaced as the statute does not extend to probationary police officers. Accordingly, Judge Filko granted Wayne Township’s motion and dismissed plaintiff’s complaint with prejudice.

Matthew J. Giacobbe, Esq. is the Wayne Township attorney and represented the Township in this lawsuit.