Fil 6D. way 10 2016 PREPARED BY THE COURT: MARLENE LYNCH FORD, Aw.S.C. ) SUPERIOR COURT OF NEW JERSEY ) OCEAN COUNTY, CIVIL DIVISION ) ) ) ) Docket No.: OCN-L-1218-16 Steven Mecka, ) Plaintiff, ) Civil Action ) y, ) ORDER CHANGING VENUE Joseph Coronato, Vincent Petrecca, ) Glenn Miller, Joseph Mitchell, Vincent) Frulio, John Corson, Jr., Michel Paulhus, ) Charles Kuyl and Ocean County,aNi municipal corporation, ) Defendants. ) This matter having been brought before the Court on its own motion and for good cause shown, it is On this 10th day of May, 2016: ORDERED that venue in the within matter be and is hereby transferred to Monmouth County for disposition by a judge to be designated by the Honorable Lisa P. Thomton, AJ.S.C; and it is further ORDERED that the Court serve a copy of the within Order on all parties by regular mail, within seven (7) days,‘WIRD THE TRACK 28 INAPPROPRIATE YOU MUST FILE A (Go0D CAUSE HETHIN 30 DAYS OF THR FILING OF YOUR. PLERDING ‘FORM ON ALL OTHER EARTIES IN ACCORDANCE core, ‘crorce. .o ° S67" Sour FRANKLIN TURADIKE RAMSEY ng 07446,George J Cotz, Esq # 010711974 478 Franklin Turnpike Ramsey, NJ 07446 201-327-0900 Attomey for Plaintiff RECEIVED & FILED SUPERIOR CT. OCE OURT OF NEW JERSEY Steven Mecka LAW DIVISION Plaintiff OCEAN COUNTY ve DOCKET NO: ony Z Joseph Coronato, Vincent L-ITo- Ie Petrecea, Glenn Miller, CIVIL ACTION Joseph Mitchell, Vincent COMPLAINT Frulio, John Corson, Jr, and JURY DEMAND Michel Paulhus, Charles Kuy] and Ocean County, a New Jersey municipal corporation, Plaintiff, Steven Mecka, complaining of Defendants says: 1. Plaintiffs a resident of Ocean County, New Jersey. On information and belief, : all Defendants are resident in Ocean County, New Jersey. 2. In 2004, Plaintiff was hired into the position of Investigator/Detective in the Office ofthe Ocean County Prosecutor (“OCPO"). The OCPO is not a civil service employer, and this was not a civil service position. 3. Upon being hired into the OCPO Plaintiff became an employee of Defendant Ocean County. 4. Marlene Ford was the former Ocean County Prosecutor (“OCP”), and held that position at all times relevant until ca. March 2013. 5. Defendant Joseph Coronato is the incumbent OCP, and has been since March 2013.6. Defendants Vincent Petrecca, Joseph Mitchell and Vincent Frulio are senior officers of the OCPO and have, or had, supervisory authority over Plaintiff at relevant times. at Defendants Michel Paulhus and John Corson, Jr are senior attorneys on the staff of the OCPO with supervisory authority over Plaintiff and Defendants Petrecca, Mitchell and Frulio. 8. Defendant Glenn Miller is Chief of Detectives in the OCPO, and the senior officer on the Detective Staff that is attached to the OCPO. 9. Defendant Ocean County is a municipal corporation of the State of New Jersey. 10. Allindividual Defendants were, at all times relevant, employees, agents and officers of Defendant Ocean County. 11. The OCPO is accredited by Commission on the Accreditation of Law Enforcement Agencies (“CALEA”). Under CALEA standard 2.3.1, adopted by the OCPO by SOP 2:18 on May 17, 2012 all promotions are to be in compliance with the standards used by the New Jersey State Association of Chief’ of Police (“NJASCOP”). 12. _ Plaintiffhas suffered adverse employment actions as a result: ‘of being a conscientious employee, most recently being passed over for promotion and/or denied a transfer to. amore appropriate unit, and subjected to arbitrary and pretextual discipline, all as a result of several similar acts of objecting to , resisting and reporting misconduct within the OCPO; and reporting and secking to prosecute criminal activity by public officials, and all contrary to NISA 34:19-1, et seq (“CEPA”), 13, The decisions in the past twelve months which were punitive and retaliatory were part ofa continuing pattern, practice, policy, custom and usage within the OCPO which created a hostile environment for Plaintiff as a conscientious employee. 14, Plaintiff's difficulties primarily originate from his interactions with a superior, Defendant Vincent Petrecca. Ca May 2006 they were both assigned to STU under Captain Sramaty and Chief Mahony. At that time, Defendant Petrecea was Plaintiff's peer but temporarily acting as the Unit Supervisor overseeing SIU (Plaintiff, Mark Malinowski and James Conroy) while Sgt. Steven Budelman was assigned to the FBI. In addition to IAinvestigations, Capt Sramaty was also then assigning Plaintiff to investigate cases of official corruption. One of those cases involved possible corruption within the Plumsted Police Department, where Defendant Petrecca’s brother, Mathew, was a patrolman'. Defendant Petrecea leamed of Plaintiff's involvement in this investigation, and constantly approached him for information about the investigation. claiming he wanted to gain leverage for his brother and remove Ronald Dancer from his position as Mayor. Plaintiff refused to divulge anything to Defendant Petracca, who requested the Plaintiff have communications with Matthew to avoid violating the direct orders from Chief Mahoney. Plaintiff refused to divulge information or to communicate with Matthew Petrecca. Vincent Petrecea then began to verbally abuse, mistreat and isolate the Plaintiff. Vincent Petrecca threatened the Plaintiff about overloading him with assignments, not providing manpower to assist with the Plaintiffs assignments, not giving good performance evaluations, reprimanding the Plaintiff whenever possible, blocking his path to promotion, making physical threats, leaving a rubber rat on his desk, advising others of the Plaintiff's diagnosis of Narcolepsy and various other attempts to embarrass / discredit the Plaintiff. Defendant Petrecca acted on many of his threats to the Plaintiff at that time and in the time to come. 15, _ AfterPlaintiff complained about this to his superiors, Defendant Petreeca was advised to minimize contact with Plaintiff but called upon the Plaintiff while at Range to demonstrate techniques of disarming a weapon Defendant Petrecca twisted the Plaintiff's right wrist several times causing discomfort and pain, Defendant Petrecca had prior knowledge that the Plaintifi’s right wrist had been injured and had past surgery. Sgt. Kim Trujillo-Tovar was witness to the range incident; Sgt. Trujillo-Tovar and the Plaintiff verbally reported the incident to Sramaty, The Plaintiff verbally reported mistreatment and wrongful conduct to Sramaty and Mahony on several occasions, each time the Plaintiff was advised Petrecca had been counseled and or reprimanded. The Plaintiff was assured that Defendant Petrecca’s conduct was addressed and that he would not be subjected to further " There was no suspicion relating to Mathew Petraccaharassment; but it continued. Vincent Petrecca was promoted to Sergeant under Prosecutor Kelaher, 16. In or about 2007, Defendant Charles Kuyl replaced Mahony as Chief. Kuyl is ‘commonly known to be Defendant Petrecca’s godfather, having served in the NJSP with Defendant Petrecca’s father and uncle, The conduct of Defendant Petrecca was bought to the attention of Chief Kuyl, who assured Plaintiff that he would put a stop to it and that Plaintiff would never again have to work with Defendant Petrecea. 17. Defendant Kuyl questioned the Plaintiff’ loyalty to former Chief Daniel Mahoney and former Deputy Chief Robert Peck, and told Plaintiff that " Peck needed to go.", "Do you have a problem with that?", Defendant Kuyl referenced his past experiences with the NISP during the riots that occurred in Newark NI and referenced throwing a black man off of the top of an overpass, causing injuries because the man was disrespectful. Defendant Kuyl advised the Plaintiff that he " knew of all different ways to take care of trouble", that he wasn’t " afraid to get his hands dirty", that he was "Old school", 18. Not long after this conversation, Defendant Kuyl temporarily transferred Sramaty to supervise the narcotics unit, and Defendant Petrecca was appointed acting Lieutenant in Sramaty's absence. Defendant Petrecca's harassing conduct became more frequent. Sramaty was permanently transferred to the Narcotics Unit. Sramaty met with another officer and Plaintiff advising that he conferenced with Defendant Kuyl, but that nothing could be done. 19 At about that time, Defendant Petrecca and his wife Cheryl knowingly and purposefully harassed the Plaintiff by interfering with his personal life, spread false rumor and slanderous statements to civilians regarding the Plaintiff's work ethic, reputation, integrity, personal matters concerning his divorce and more. The Petrecca’s actions were witnessed both by civilians and by Secret Service Agent Darrin Davin, who reported the conduct to the Plaintiff. Plaintiff reported the conduct to Sgt Trujillo-Tovar, Lt.Boyd, Captain Joseph Mitchell and Defendant Kuyl, Defendant Kuyl asked the Plaintiff to let him handle Vincent and Cheryl Petrecca's conduct. The Plaintiff did not wish to file a formal complaint due to fear of further retaliation and possible loss of employment. Plaintiffrequested that the Ocean County Prosecutor's Office take appropriate action against Defendant Pettecca and assured Defendant Kuyl that he would fully cooperate with any investigative process. Defendant Mitchell advised Plaintiff that Defendant Petrecca was reprimanded, would not be promoted to Lieutenant, and would have no contact with the Plaintiff; but he would not provide a disposition or description of reprimand. Defendant Kuyl met with the Plaintiff and explained the same. 20. Despite the earlier assurances of Defendant Kuyl, from August 10, 2010 until January 19, 2011, Plaintiff was assigned to the IA Unit under Sgt Kim Trujillo, Defendant [then] Lieutenant Petrecca, and Defendant Captain Mitchell. Among Plaintiff's duties in that Position was the investigation of official misconduct by public officials in Ocean County. 21, _ Inabout September2010, Defendant Petrecca, who is actively involved in Democratic Politics, instructed Plaintiff and Sgt Trujillo, to “go after” Republicans, particularly Ocean County Republican leader George Gilmore, Esq., Freeholder Jack Kelly, Assemblyman Brian Rumph; LEHT Mayor Raymond Gormley, John Kehm, and Toms River Mayor (and former OCP) Thomas Kelahar and Assistant Township Administrator Daniel Mahoney, regardless of the absence of any probable cause. 22, At that time, Plaintiff was working with a Confidential Informant A.M., who was actively engaged in Ocean County politics. A.M. had already implicated a number of public officials to Plaintiff. Defendant Petrecca instructed Plaintiff to have A.M. “wear a wire’ , arrange meetings with Gilmore, Kelly, Rumph and the others, and entrap them, Defendant Petrecca ordered the Plaintiff and Sgt. Trujillo - Tovar to have A.M. to attend and with the use of the LEHT PD digital recorder record the local and county Republican Party meetings, Defendant Petrecca said "Republicans are all dirty", "Get them all involved", "Bring them all down", Petrecca advised the Plaintiff and Sgt.Trujillo- Tovar that Defendant Kuyl was excited to have the opportunity to get as many Republicans involved with the corruption investigation, Plaintiff refused, and Defendant Petrecea threatened to reprimand him. 23. Ator about the same time, Defendant Petrecca ordered Plaintiff to go to the office of Little Egg Harbor Police Chief Richard Buzby, and remove municipal records anddocuments, in an effort to “get” Buzby, and to do so without a warrant (for which there was no probable cause), Defendant Petrecca advised the Plaintiff and Sgt. Trujillo-Tovar to investigate Chief Buzby's relationships, requesting information of who Chief Buzby has had and is having sexual relations, including but not limited to LEHT employees. Defendant Pettecea ordered the Plaintiff to inquire if Toms River Township had purchased robo cans from Schaafer Industries, revealing intentions to implicate Mayor Kelaher and Assistant Administrator Mahoney. Plaintiff and Sgt. Tryjillo -Tovar both refused and were subjected to further harassment and threats of disciplinary action if they did not comply. Plaintiff refused. 24, Plaintiff reported these incidents to Defendant Mitchell, who was then Petrecca’s supervisor. Mitchell countermanded these orders, and told Plaintiff there would be an IA investigation of Petrecca, Sgt, Trujillo verbally confirmed these events to Defendant Mitchell. Mitchell advised Chief Buzby, Sgt.Trujillo-Tovar and the Plaintiff that Petrecca would not have further involvement with the LEHT investigations and that he would be subject to disciplinary action, Mitchell then countermanded these orders and, some days later, advised the Plaintiff that Petrecca would maintain his position and role with the investigations, would not be subject of disciplinary action or investigation, 25. Although he initially promised an IA investigation of Defendant Petrecca, Defendant Mitchell simultaneously expressed incredulity that Plaintiff wanted to complain about Petrecca’s orders. Mitchell said to Plaintiff “Think of your son, your home, your career”. ‘Mitchell warmed the Plaintiff that the OCPO does not look favorably on subordinates who file complaints against their supervisors, suggesting that the Plaintiff should be careful and be fearful of personal liabilities. Mitchell advised the Plaintiff "Don’t be a martyr", "Your loyalty is to this office not to Buzby or a bunch of drug addicts". Mitchell advised the Plaintiff that his reports of police misconduct, mishandling and lack of investigative ‘measures associated with the LEHTPD SIU files were not worth losing everything. Mitchell further advised Plaintiff that Sgt. Trujillo-Tovar had a recent case of "amnesia", became confused, had changed her story and could not recall accounts of what had occurred withPetrecca. Defendant Mitchell warmed the Plaintiff ‘that pursuing complaints against Petrecca would also cause Sgt. Trujillo-Tovar professional liability since her story had changed, Mitchell advised the Plaintiff that it would then be his word against a Lieutenant's word. Mitchell said the complaint would go nowhere, Hie also ordered Plaintiff not to put anything about these events in writing, explaining that the Plaintiff would be interfering with an Internal Investigation, violating a direct order and be subject to disciplinary action if the Plaintiff attempted to file any written documentation relevant to the complaint. 26, Plaintiff reminded Mitchell of examples of Petrecca’s ongoing harassment, intimidation, threats to lose his job, physical attack at the range, attempts to target political officials without cause, directing Staff to conduct unlawful acts and wrongful conduct in Pursuit of political ambition. The lack of investigation regarding the LEHT PD Police Misconducts, confidential funds, Criminal Informants and other matters further caused liability to the office, the LEHT PD and numerous potential civilian civil right violations including but not limited to wrongful arrest, prosecution and incarceration. Defendant Mitchell advised the Plaintiff that those cases were trouble, could lead to cases being overturned and could “cause everyone a mess”. The Plaintiff demanded that an Internal Affairs investigation be initiated into his reports and complaints. Mitchell advised the Plaintiff that there was not a conflict of interest, and that a higher authority would not investigate the Plaintiff's complaints . 27, At that time, Defendant Kuyl was still Chief of Detectives, and he approached the Plaintiff asking if he could do him a favor, move forward and forget about what had happened. Kuyl promised to "Take care of" the Plaintiff ifhe agreed to do this "favor". The Plaintiff informed Defendant Kuyl that he would like to file formal complaints against Defendant Petrecca for his conduct. Kuyl questioned why the Plaintiff wanted to file a complaint. On information and belief, Defendant Kuyl pressured Defendant Mitchell not to pursue the IA charge. : 28. Oninformation and belief, no IA investigation was ever commenced about this issue. 29. Throughout the rest of 2010, Plaintiff kept asking Defendant Mitchell about the“IA investigation” of Petrecca, as he [Plaintiff] was never interviewed by anyone. 30. Sgt Trujillo- Tovar told Chief Buzby that Defendant Mitchell had told her that if she forgot about what Petrecca had ordered, her husband (then a detective with the OCPO) would get a promotion to sergeant (which happened in 2011) as a reward for her “loyalty”, 31. On December 16, 2010, Plaintiff sent Set. Trujillo-Tovar an e-mail which requested the disposition of his complaints against Defendant Petrecoa . A few weeks later, Plaintiff advised Trujillo (his superior) that he was scheduled to conduet an in-depth recorded interview the next day with A.M. over incidents of quid pro quo bribery in Little Egg Harbor; and he also told her that A.M. was prepared to incriminate people on the OCPO staff. The next morning, before he conducted the interview, Defendant Mitchell called Plaintiffinto his office and, in the presence of Ronald DeLigny, a senior attomey on the OCPO staff, advised Plaintiff that he looked disheveled, offered therapy / an opportunity to speak with a Counselor, advised he was immediately removed from all responsibility over his corruption cases and that he was transferred to the Trial / Grand Jury Unit, Plaintiff disputed these allegations and advised Mitchell and DeL igny that this was retaliation for attempting tomake complaint against Defendant Petrecca. Mitchell and DeLigny denied this, but provided no other explanation, The Plaintiff was advised that his transfer and reassignment was at the Direction of Defendant EAP Michel Paulhus and Defendant Kuyl, and approved by Prosecutor Marlene Lynch Ford 32. Plaintiffreturned to his work station to find that his desk had been accessed, case files, case notes, personal notes and other personal content were removed from his desk without explanation. The Plaintiff returned to Mitchell's office, advised Mitchell that his desk had been accessed and complained about personal property being removed. Mitchell was farious, told him to step into the office and close the door. Defendant Mitchell said to Plaintiff “Ttold You not to put anything [about Petrecca] in writing (referring to the e-mail Plaintiff sent Trujillo), You are threatening me, I can’t trust you. This [the immediate transfer to Tria Grand Jury] is your punishment!”, 33. At that time also, the Ocean County Prosecutor's Office had designated Plaintiff asthe lead Detective responsible for investigating political corruption cases against former LEHT Mayor Scott Stites, A.M., Code Enforcement Officers, Zoning Board members, elected members of Township Committee, DPW Director Anthony Savino, DPW Paul Toth, former Chief Mark Siino, MUA Director David Johnson, Chairman Joseph Mezzina, MUA. Board Member Coborn, LEHT Police Officers / Staff and more, He was investigating allegations of fraud, official misconduct, theft, quid pro quo, land deals, MUA improvements, vehicle transfers and purchases, township contracts / awards, bid rigging, extortion, drugs, police misconduct, and more, all arising in Little Bgg Harbor. Asa result, bothOCPO officers inchiding Sgt Trujillo had told Chief Buzby that Plaintiff would be targeted. 34, While in the Trial/Grand Jury Unit, Plaintiff was directed to write reports on all his open IA cases without being given access to his files, notes and transcripts. Plaintiffrefused to write reports without such information; Plaintiff received a verbal written reprimand for not completing reports in a timely fashion. Mitchell agreed to allow partial access torecords, Sgt. Trujillo forwarded case info and notes to complete assignments. On information and belief, other people wrote some of the reports om his cases and signed his name to them. The Plaintiff was mandated to sign the last page of certain reports without being able to view the entire report. Plaintiff was not permitted to maintain a copy of any final report on the cases assigned to him. Plaintiff had been asked questions pertaining to the LEHT corruption investigations and OCPO Staff misconducts and reported this to the FBI in 2013 when assigned to jointly assist with their investigations 35. While in this unit, a newly-appointed detective advised Plaintiff that his wife was the nanny for Prosecutor Ford, and that she had appointed him a Detective so that his wife could afford to continue serving as her [Ford’s] nanny. This detective advised the Plaintiff that he had no prior law enforcement experience, that he was a professional cheerleading coach who lost his coaching business, and was hired as a favor to his wife. Plaintiff reported this to the FBI in 2013. 36. From Trial/Grand Jury Plaintiff was transferred to Domestic Violence (DV) onOctober 28, 2011. This unit was under the supervision of Defendant Frulio, Lt, Colleen Lynch and Sgt, Robert Abrams. 37. On the first day in the DV Unit, Plaintiff was working with Detective Kapler. Sr. Supervising Assistant Prosecutor Terry Cunningham directed them to present plea ‘agreements for people under indictment for DV-related offenses, mostly violating FROs and TROs, previously prepared by her to Defendants. Kapler and Plaintiff met with a man named Jarret Binney, who claimed that he did not violate the TRO, and that the whole matter Was fabricated by his wife and the man she had been having an affair with. Binney told them that their Captain, Defendant Frulio, had been having an affair with his wife; and Binney said “T'll agree to anything, just promise me that you'll keep [Defendant] Frulio away from ‘me, and that I'll get to see my kid”, Binney feared Frutio because he was a bigger man, a Captain with the Prosecutor's Office and armed with a firearm. Binney claimed that Frulio had threatened him with physical harm and promised to use his power and influence to cause additional harm after Binney contacted Frulio's wife advising her of the affair. Plaintiff was concemed by this, because a) it seemed to be 2 conflict of interest, requiring a change in venue; b), Binney seemed to expect a secret promise in exchange for his plea; and c) the nature of the allegation required him to report the matter and refer the complaint to IA for documentation, investigation and action deemed appropriate. He informed the supervising Assistant Prosecutor, Terri Cunningham, who thought it was OK; Cunningham spoke with Binney who advised her of the same, Cunningham advised Binney it would be beneficial to him if he agreed to postpone the matter to give her time to review his case. The matter was later transferred to Monmouth County, where Binney pled guilty to violating the protective order. On information and belief, SAP Cunningham did notify Defendant EAP Michel Paulhus of the incident, but Binney's allegations were not documented ot investigated by IA, and Binney's criminal charge was transferred to Monmouth county without notice of the circumstances involved or Binney's allegations. 38 Less than 2 weeks later, Plaintiff was summoned to a meeting in Defendant Frulio’s office; Sgt Abrams was there, and AP Cunningham. Defendant Frulio told him that he wastransferred immediately to the DV/ Weapon Return Unit; and to “just do your job, keep quiet, and don’t poke into anyone’s personal business”. Sgt. Abrams advised the Plaintiff he was reassigned to Weapons due to involving himself with Binney's matter and Defendant Frulio's business. Abrams afterwards told him that he should not have said anything about Binney, and told him “The Captain takes care of us, and we take care of our own”. Plaintiff reported this to the FBI in 2013 when assigned to assist with their investigations 39 In or about May 2012, Defendant Frulio addressed Plaintiff's unit regarding the health issues then afflicting Sgt Abrams, and all were instructed to continue what was already the practice of signing him in at work when he was actually absent due to medical issues. Defendant Frulio announced “if anyone has a problem with this, they’! answer to me and the Chief” [Defendant Kuyl]. AP Cunningham was with Defendant Fralio when he made these threats. Plaintiff refused to participate in this scheme, and reported it to Defendant Kuyl. Defendant kuyl said to Plaintiff Why do you want to do this [report the cover-up of Abrams’ absences]. It will destroy our office” 40. Most of the instances of signing in for Abrams were done by one detective, who also abused the attendance policy by signing herself in and out for weeks in advance, then simply not showing up. Denise Rickards, a secretary, complained about this to her superior, AP Cunningham, Detective Kapler and Plaintiff, This detective had accessed Sgt. Abrams work computer to forward Abrams performance evaluations to complete while not in work. She had exposed Staff members (Rickards, Kapler, Megill and Plaintiff) to pornographic photos and video she found on Abrams work computer. She advised Clerk Rickards, Detective Kapler, Assistant Prosecutor Andrew Megill and Plaintiff that she went through every computer file and found offensive pornographic photos, video (some personal pictures and video of Abrams' relations with another Ocean County employee). She advised that she copied Abrams hard drive onto a thumb drive as proof of what was on the computer. 41. SAP Cunningham confronted this detective regarding Clerk Rickards complaint that she had signed herself into work while vacationing in Florida with her family. Cunningham threatened to refer the matter to IA, and she threatened to expose Abrams theft of time, andto expose Prosecutor Marlene Lynch Ford, Defendants Kuyl and Frulio, SAP Cunningham, and Lt. Lynch for their conspiring to commit fraud, theft of time, falsification of timesheets and more. She threatened to expose other misconduets such as matters involving Detective O'Mara and theft of time of yet another detective who was marked into work while in the hospital giving birth. She threatened to take the thumb drive to the press and expose the material on Abrams! computer. She claimed that she had donated $6000 in cash to Captain Frutio (Autism Charity) raised by her husband, a Deputy Newark PD Chief of Police. SAP Cunningham reported the matter to Defendant Paulhus and IA, SAP Cunningham met with Paulhus who decided the matter would not be investigated, and no one has ever been interviewed by IA. Clerk Rickards and Det Kapler individually advised the Plaintiff that SAP Cunningham approached them advising that Defendant Paulhus "covered everyone” and instructed both never to speak about what the detective had done because all could be liable. Information was provided to the FBI in 2013 while assigned to assist with investigations. 42, In March, 2013, Defendant Coronato was appointed as the new Ocean County Prosecutor. 43. In May 2013, Sgt. Trujillo-Tovar accused Plaintiff of not completing reports associated with LEHT PO Paul Toth. This was not the first time IA Staff had wrongfully attempted to blame the Plaintiff for not completing reports or losing evidence. Plaintiff and ChiefBuzby confirmed that the original investigation report was written and handed into IA. Plaintiff was asked to rewrite a second original investigation report which led to the Plaintiffs objections and complaint of harassment, Defendant Frulio, LtLynch, Sgt Cecchini and the Plaintiff met in Lynch's office to discuss the matters of the lost report and the harassment complaint. Fruljo advised Lynch, Cecchini and Plaintiff that Det Raymond Gardner advised him that the Plaintiff had not done wrong, and was undeserving of the harassment received, Defendant Frulio advised that Gardner confessed that OCPO IA Staff had planned to set the Plaintiff up, wrongfully place blame of wrongdoing on Plaintiff to avoid issues associated with the LEHT Corruption Investigations as Prosecutor Coronato entered into office. Defendant Frulio further advised that Gardner insisted that the Plaintif?never did anything wrong, 46. Lt Lynch later directed Plaintiff to put all of his complaints in writing to Defendant Frulio, telling him that these had to go through the chain of command even though some of his complaints related to Defendant Frulio, Plaintiff feared retaliation and mishandling information and complaints if providing Frulio with a detailed memo enumerating concemns of official misconduct and/or criminal behavior on the parts of former Prosecutor Ford, Defendants Kuyl, Paulhus, Frulio, Mitchell and Petrecca, Sr AP Cunningham, and others, 47, In or about June 2013, Kuyl met with Plaintiff and instructed him to start working with the FBI Special Task Force in Red Bank, investigating official corruption; he was to resume the work he had been doing when Mitchell abruptly pulled him off in 2010. On information and belief, Defendant Coronato and Miller sent plaintiff there to be their seape- goat in the event that any Ocean County Republicans and/or members of the OCPO were actually charged and arrested by the FBI. Despite their assurances that they wanted to distance themselves ftom any and all such FBI investiagtions, Defendant Miller at one point told Plaintiff that they (presumably, Defendant Coronato and himself) had been in constant contact with the Fbi about these issues. 48. Coronato met with Agents DiOrio, Silvana Soto, John Sheehy and Plaintiff, advising that the FBI was investigating people within the OCPO, including Defendant Petrecca, Mitchell, Paulhus and other personnel. Among other things, Plaintiff was assigned to investigate FEMA frauds erising from Hurricane Sandy. Part of his investigation involved 4 security camera videotape that showed the looting of a storm-damaged Army/Navy store in Seaside Heights, by a number of first responders, including senior police officers and personnel from the OCPO, including Lt. Todd Friedman and Sgt Mark Malinowski. 49. Plaintiff also investigated Dawn Kelly, who is the daughter of Freeholder Jack Kelly, and holds the position of Tax Collector in Little Egg Harbor Township. After she had made aplea deal, subsequent audits showed that she had stolen at least another $200 through her position. Chief Buzby, Raymond Gormely and the Plaintiff reported the additional theftsby Dawn Kelly to the FBI in 2013, The Plaintiff arranged for Gormely to meet with the FBI in 2013 to report his complaint of corruption. Gormley alleged that Freeholder Kelly attempted to influence Township Administrator Garret Loesch to avoid having his daughter charged criminally, and that Freeholder Kelly used his political influence to successfully manipulate the Attorney General's criminal investigation and ultimately arrange for Dawn Kelly to be charged with third degree offenses rather than face charges of second degree Official Misconduct. Gormley advised Chief Buzby, Plaintiff and FBI that Christopher Stark and Eileen Egen, then both aides to Governor Christie, individually approached him at his place of buisness intimidating him to use his influence to get the Dawn Kelly investigation inquests shut down because it would look bad if matters were ever exposed to the public especially before an election. Gormley refusal was not welcomed and he feared retaliation against him and his live-in girlfriend Dana Wilson (Little Egg Harbor Township Tax Collector, and the sister of OCPO Steinhauser’s wife). 50. Inor about September 2013, Plaintiff was contacted by Chief Miller and advised that his assignment with the FBI would become part time and would require him to return to his previous assignment with DV Weapons Unit under Sgt Cecchini. Plaintiff continued to work with the FBI on an as needed basis. Special Agent Sheehy told Plaintiff that there were too many Christie loyalists still in the US Attomey’s office in Newark for them to do anything that would hurt him politically. 51. Atthe FBI, Plaintiff worked with Special Agents D’orio and Soto, John Sheehy and John Bruno. Soto advised Plaintiff that DiOrio and Sotos's corruption investigations involving the Seaside Heights FEMA frauds, OCPO Staff and other investigations were squashed because it involved numerous political official, police chiefs and police officers, firemen and OCPO staff, some of whom were too connected politically. Soto and DiOrio advised Plaintiff that he [DiOrio] was transferred to the Academy, then to the FBI Newark office where he would be promoted and eventually, would be transferred back to Red Bank. Soto advised Plaintiff she would be transferred to the gangs unit but DiOrio would again be promoted to Agent in Charge of the Red Bank office once McKenna retired. Soto has toldPlaintiff that this was to silence DiOrio about the aborted investigations of Christie allies. 52. Upon return from the FBI assignment the Plaintiff approached Chief Miller advising of the misconduets he had witnessed and harassment he had been subjected to. Plaintiff expressed concems over having been assigned to the FBI by Prosecutor Coronato to assist with investigations into OCPO Staff, Freeholder Kelly and others believing that the FBI investigations would not be pursued, OCPO Staff would not be held accountable and the Plaintiff would be subjected to additional harassment for assisting the FBI with the investigations. 53. At Plaintiff's insistence, Defendants Miller and Coronato referred his complaints about Petrecca and others to the Division of Criminal Justice (“DCI”) in Trenton in December 2013. Plaintiff was summoned there for a single, taped interview with Sgt Tracy Keller anda male detective. They refused to accept any documents which Plaintiff offered, and seid that they would schedule a second, longer interview where they would finish hearing his statement, Such a second interview never took place. 54. On May 29, 2014, Defendants Coronato, Corson and Miller told Plaintiff that his complaints to the DCJ had been fully investigated and found to be “Not sustained”. Plaintiff questioned how such disposition could have been established without completing his statement, accepting his documentary evidence, and interviewing the witnesses who he identified, Plaintiff advised defendants Coronato, Corson and Miller of his fears and concern of retaliation, spoke about past issues and circumstance where he was harassed, mistreated and not promoted. Plaintiff spoke about acts of misconduct committed by OCPO staff including but not limited to, those involved with Sgt Abrams theft of time, Frulio's matters involving Binney that led to the Plaintiff being harassed, LEHT investigations (non-action / cover up), LEHT PD SIU CI files containing hundreds of potential civilian civil rights Violations uninvestigated, matters involving Estrada V Lakewood where OCPO detecives searched a vehicle prior to obtaining a search warrant, Det Lindsey Woodfield accusing Plaintiff of assisting DiOrio with investigations into her and her friend in retaliation for ‘Woodfield's friend having relations with the same woman DiOrio was ‘having an extramaritalaffair with, and more. The Plaintiff demanded that the DCJ finish the interview with him, accept proofs offered and fully investigate each matter accordingly. Defendants Coronato, Corson and Miller attempted to discourage the Plaintiff from further complaint. Coronato advised the Plaintiff he would arrange for DCJ to reopen the investigation, require the Plaintiff to respond back to Trenton to finish the interview, provide proof and evidence and to document each report of misconduct and allegation of complaint. Defendant Coronato advised Plaintiff and Det Fiocco that he had made an executive decision not to investigate any issue regarding Sgt Abrams being signed into work when he was absent. Coronato said the situation was a disaster, nothing good would come of it for the office and questioned Plaintiff ifhe really wanted Coronato to hold a former Prosecutor (by then, a Superior Court Judge) and most of his executive staff accountable for such actions. Coronato suggested that he would have to clear the office and would have no one left, The Plaintiff advised Coronato that he wanted matters investigated and requested that those responsible be accountable for their actions. 58. Moments later, while still at the same meeting, Defendants Miller and Corson presented Plaintiff with notice that a criminal complaint which he had filed against his ex- wife would be administratively dismissed due to the potential conflict of interest, Plaintiff ‘was advised that the matter was forwarded to DCJ due to the conflict of iriterest, and that DIC did not wish to investigate the complaint and referred it back to Coronato for action deemed appropriate. Plaintiffrequested that the complaint be handled by another county, but Coronato refused and said that he had made a final decision to dismiss the complaint. The Plaintiff felt the dismissal was in retaliation for his insisting the other complaints be pursued. 56. In 2014, Plaintiff was passed over for promotion. As required by the contract, he met with Defendant Coronato to discuss why he wasn’t selected. Coronato told him that he was “not quite ready”, and indicated that he had written LEHT investigation reports that were inadequate and he did not focus well when investigating the LEHT Corruption cases while assigned to the IA Unit. Plaintiff explained that he had investigated those cases and wrote those reports years prior to Coronato’s appointment with the OCPO. Plaintiff explained afterhe was abruptly removed ftom IA, he had been ordered to complete reports onall ofhis cases without benefit of files, notes or other documents. Healso explained that other staffredacted, changed and altered reports without his authorization, he was not permitted to retain final reports and had beed required to sign reports without seeing them. Plaintiff informed Coronato that this was part of his complaints that were lodged to him, to the FBI and to DCI but never investigated. Prosecutor Coronato advised the Plaintiff that he was the Zoning Board Attorney for LEHT at the time the matters were investigated and knew of gross misconducts that were never addressed. Coronato claimed that the Plaintiff was in part responsible for the "missed opportunity", explaining he has close affiliations with LEHT and can not get past the "missed opportunity". The Plaintiff explained his role and lack of ability to make executive decisions as a Detective, further explaining that there was a "missed opportunity" because he had complained about Petrecca’s conduet, attempts to target political officials based on their affiliations with the Republican Party along with other misconducts and wrongdoing, Plaintiff advised that the missed opportunities could have been corrected iff investigated by OCPO, DVI or the FBI. 57. In 2015 Sgt Cecchini was transferred to the Megan's Law Unit and Sgt Trujillo was transferred to DV to supervise the Plaintiff, The Plaintiff objected to this due to past matters reported, the understanding that DCJ was actively conducting an investigation of the Plaintiff's complaints which specifically involved Sgt Trujillo-Tovar. Plaintiff was advised thatDCY concluded their investigation, a general notice was forwarded to Plaintiff butnever a description of what was investigated. Plaintiff requested a detailed explainion in writing of what was investigated by DCJ but was denied access to that information. The Plaintiff requested to be relieved from Sgt. Trujillo- Tovar's command but was denied, 58, Plaintiff complained about Sgt. Tryjillo-Tovar’conduct as his supervisor, an internal investigation was conducted by OCPO IA Det. John Halliday and AP William Scharfenberg at the direction of Defendants Miller and Corson. The IA was conducted and an "Unfounded" disposition was established. 59. On April 13, 2015, Plaintiff was assigned to attend a training session at the OCPORange in Waretown. Part of the training was to rehearse how to extricate a suspect from an automobile. Sgt Steinhauser played the role of a suspect, and Plaintiff was instructed to extricate him from behind the wheel of an automobile. In doing so, Steinhauser assaulted Plaintiff. Plaintiff complained of Steinhauer’s conduct and requested action be taken. The Plaintiff's complaints regarding the Waretown incident were against Steinhauer and other OCPO Firearms Instructors for not taking action when the Plaintiff was assaulted. The OCPO acknowledged that the Plaintif’s complaints involved more that Steinhauer but failed to identify other Firarms instructors as Targets of Investigation and did not investigate each accordingly. The Plaintiff requested that the IA complaints be conducted by DCI due to the conflict of interest. The Plaintiff's requests were denied cach time. The disposition was "Unfounded". 60. Thereafter, Plaintiff was falsely accused of injuring Steinhauser, and of being overly aggressive. 61. _Atthe time, Plaintiff was aware of how OCPO Detective Leah Kapler, who had also registered complaints against Petrecea which were never documented or investigated, was assaulted and permanently injured under similar circumstances in 2013. 62. On August 31, 2015, Plaintiff received disciplinary charges arising ftom the April 2015, incident which charges were pretextual and retaliatory. 63. On various dates in 2015 and 2016, Plaintiff was passed over for promotion. These decisions were punitive and retaliatory. FIRST COUNT 64. In passing Plaintiff over for promotion to Sergeant on avrious occasions in 2015 and 2016, Defendant Ocean County acting through Defendants Coronato and Miller retaliated against him for objecting to, resisting and reporting the misconduct of Defendants Petrecea, Frulio, Mitchell, Paulhus and others, all contrary to NISA 34:19-1, et seq. 65. Passing Plaintiff over for promotion was an adverse employment action, WHEREFORE, Plaintiff demands judgment on this Count against DefendantsCoronato, Miller and County of Ocean for compensatory damages, punitive damages, injunctive relief, costs of suit and reasonable attomey fees. SECOND COUNT 66. In bringing pretextual and fabricated disciplinary charges against Plaintiff on August31, 2015, Defendant Ocean County acting through Defendants Coronato and Miller retaliated against him for objecting to, resisting and reporting the misconduct of Defendants Petrecca, Frulio Mitchell, Paulhus, and others; all contrary to NISA 34:19-1, et seq. 67. Bringing the disciplinary charges was an adverse employment action, WHEREFORE, Plaintiff demands judgment on this Count against Defendants Coronato, Miller and County of Ocean for compensatory damages, punitive damages, injunctive relief, costs of suit and reasonable attorney fees. THIRD COUNT 68. _Alllof the individual Defendants were, at all times, agents, officers and employees of Defendant County of Ocean for purposes of employee supervision and administration, 69. Defendant County of Ocean has respondeat superior liability for all acts ofeach of the individual Defendants WHEREFORE, Plaintiff demands judgment on this Count against Defendant County of Ocean for compensatory damages, punitive damages, injunctive relief, costs of suit and reasonable attorney fees. FOURTH COUNT 70. In repeatedly denying Plaintiff promotions, transferring Plaintiff out of ‘the STU and into Grand Jury / Trial in January 2011, ignoring his repeated complaints of harassment and retaliation, Defendant Ocean County, acting through Defendants Coronato and Miller retaliated against him for objecting to, resisting and reporting the misconduct of Defendants Petracea and Frulio as aforesaid.71. This action was part of a continuing violation of NISA 34:19-1, et seq against Plain- tiff for objecting to, resisting and reporting efforts to abuse the powers of the OCPO by targeting people, without cause and solely because of their political affiliation, and for concealing criminal activity on the part of OCPO and other local police personnel. 72, This was part of'a pattern, practice, custom and usage within the OCPO, that was so widespread and known to be an official policy, of concealing the criminal activity of politically influential individuals and police personnel, including but not limited to OCPO personnel. 73. The retaliation against Plaintiff from and after January 2011 for his objections and resistance to this conduct created a hostile environment for Plaintiff that has continued to the present day. WHEREFORE, Plaintiff demands judgment on this Count against Defendants Coronato, Miller, Petrecca, Frulio, Paulhus, Kuyl, Corson and County of Ocean for compensatory damages, punitive damages, injunctive relief, costs of suit and reasonable attomey fees. FIFTH COUNT 74. Defendants Coronato, Miller, Mitchell, Kuyl, Paulhus, Corson, Petrecea and Frulio aided and abetted each other in the retaliatory conduct aforesaid. 75. Such aiding and abetting was contrary to NISA 34:19- 1, et seq. WHEREFORE, Plaintiff demands judgment on this Count against Defendants Coronato, Miller, Petracea, Frulio, Paulhus, Kuyl, Corson and County of Ocean for compensatory damages, punitive damages, injunctive relief, costs of suit and reasonable attorney fees. pace: Apis! “V7, WlJURY DEMAND Plaintiff demands trial by jury on all issues. Date fil YI, Wb George J. ATTORNEY'S CERTIFICATION George J. Cotz does hereby certify according to law as follows: 1. Tam the attomey for the Plaintiffs named in this action. Iam aware of no other action with which this action should be joined, nor am I aware of any other parties that should be made a party to this action. 2. Tcertify that the foregoing statements made by me are true. Tam aware that if any of the foregoing statements made by me are false, I am spbject Dated: Prpnl MN, wtbAppendix XT-B1 CIVIL CASE INFORMATION STATEMENT (CIs) PAYMENT TYPE: CICK Lice [JCA Use for intial Law Division CHGIGK NO. Civil Part pleadings (not motions) under Rule 4:5-1 MOUNT: Pleading will be rejected for filing, under Rule 1:5-6(c), if information above the black bar is not completed or | OVERPAYNENT: attorney's signature is not affixed. BATCH NUMBER: TITORNEVPRO SENS TEERTONE TOMES TOOT OF EME George J. Cote (201) 327-0900 Ocean IRATE aDpREY ‘DOCKET NONBER (ion ayatanoy 7 — Non ay § ie TT Val Ko ‘OFFICE ADDRESS. DOCUMENT TYPE 47 S Franklin Tumpike ‘Compiaint Ramsey, NJ 07446 TORY O5WANS wyes LINO NAME OF PARTY Jai B06, Pa) GRPTON Steven Mecka: ‘Steven Mecka vs Joseph Coronato, Vincent Petrecca, Glenn Miller, : Joseph Mitchell, Vincent Frutio, John Corson, Jr, Michol Paulhus, Charles : Kuyl and Ocaan County, a New Jersey municipal corporation, SET PERREER TS THIS A PROFESSIONAL WALFRAGTICE ORSE? — IVES TNO er big IF YOU HAVE GHECKED "YES, SEE NL1S.A 2434.27 AND APPLICABLE CASE LAW REGAROING : ‘YOUR OBLIGATION 70 FILE AN AFFIOAVIT OF MERIT. TF YES, UIST DOCKET NUMBERS Gyes _pNo DO YOU ANTICIPATE ADDING THANE OF DEFENDANT'S PRIMARY INSURANCE COMPANY, IF KNOWN ANY PARTIES (arising outofsame CIES NO transaction or accurence)? 1 none BLUNNOWN LaLa Mens rakes Meineke kd adel asd eke ccd ‘CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION DO PARTIES HAVE A CURRENT, TFYES. 15 THAT PAST OR RECURRENT RELATIONSHIP BJEMPLOYER-EMPLOYEE CJFRIENOINEIGHEOR CJ OTHER (explain) RELATIONSHIP? ves ONO Gramuat Gauss: ‘DOES THE STATUTE GOVERNING THIS CASE PROVIDE FORPAYMENTOF FEES © ves TNO Berke Losina panres. OBE Tas Abe TOALERT THE COURT TO AY SPECI ORSE CHARDCTERISTIOS THAT HN? ARENT EWIOURC WARGENENT OF AOUELERATED “This case is against the County, the County Prosecutor and several senior members oft be moved to another county after fling. IVED'& FILED MAY 4 2016 STR” ee ro SERS SSSNONS,, _ --SUPERIORTT. OCEAN ‘WALL AN INTERPRETER DE NEEDED? 7 ves HINO IF YES, FoR WHAT LANGUAGE: Teertify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7). aoe one “A ¢-21- Lh [V Revd tives, cm 0517