THE HISTORY OF THE WEST NEW YORK, N.J.

POLICE DEPARTMENT Introduction For this review, the West New York, NJ Police Department was chosen to detail historical events within the police agency. The concepts and eras of policing in the United States are used comparatively when allowed throughout the review. Historical accounts were primarily referenced from the West New York Town Clerks Office, news accounts and the authors own knowledge and experience with the police department. As in the past while conducting research, the police department itself was less than cooperative in gathering information and data. This is partially due to disorganization, over specialization and lack of knowledgeable personnel. The Open Public Records Act used extensively here, was a useful tool available to all members of the public. It should be noted that most of the documents in the Clerks office are one of a kind, very old, fragile and not typically handled by anyone, much less the public. Town History The Town of West New York, New Jersey was incorporated in 1898 after severing ties from Union Township (not the current Union Township in Union County) located to its south. Some years later, Union itself broke from other neighboring communities and incorporated as Union City, NJ. The square mile town of West New York is located along the Palisades in Hudson County, New Jersey across from mid-town Manhattan. Since its incorporation until the 1960s the town was predominately occupied by first Germans, then Irish and Italians. The 1960s opened the town to an influx of Puerto Ricans and Cubans. Today, Cubans are very influential in government but the population has shifted to Central and South American people and the town of roughly 40,000 is more than 95% Latino, according to 2000 United States Census data. Years ago industry in town centralized around the rail yards and ferries that lined the Hudson River waterfront. Because of access to New York City and the world, the area became known as the embroidery capitol of the world. Factories were nestled among two family homes and apartment complexes that still exist today. In the changing global economy, factories have been replaced by new homes and the largest employer is the municipal government. Out of 600 school boards throughout the state today, West New York is only one of 18 that appoints members and does not elect them. The same is true of the governing municipal body where the mayor is an elected position. In West New York, elected officials select the mayor amongst the five of them. The five persons elected have control and responsibility of their respective departments including personnel changes and doling out lucrative contracts. In short, of the 566 municipalities in New Jersey, West New York is 1 of only 7, five-member Commission Form of Governments in the entire state. Because an entire department, such as Public Safety and its operations are under control of a specific elected commissioner, this form of governing is susceptible to corruption and abuses including outside influence should an

elected commissioner allow it and will be discussed later. Conversely, it is conceivable that the Commission Form of Government took power and control away from ward leaders and political bosses. However, as already depicted, the area in question, though densely populated, is only one square mile-the equivalency of an entire ward of a large city. In fact, the State Commission on County and Municipal Government suggested rewriting the 80 year old [in 1992] Commission Form of Government statute and recommended repealing 180 sections of it.1 West New York has used this form of government since 1932. These examples of appointment and outdated political systems are important in discussing the efficiency, make-up and character of the police department. Police Department History The police department of West New York dates back to its incorporation in 1898. The first mention of the police force was taken from the town council minutes of July 18, 1898. Councilman Glueck stated several slot machines have been seen throughout town and he made a motion to have the Chief of Police remove them. From the writing, the impression is that the Chief is present at the meeting although not directly referred to or quoted. Decades of records were reviewed with little mention of who was in charge of the police force. At the same meeting, the Chairman, Mayor John E. Otis accepted a motion from Councilman Laughlin to appoint a committee to procure a seal for the police, fire and town officials. The Chief, still not mentioned by name, reported to the slot machines were removed to the Council at the following meeting. In the minutes of the meeting, Jacob Horning had $1.00 returned to him for his deposit on a police shield and 12 prisoner meals cost $3.00. On page 16 of the first minutes book, there are ten police personnel listed who worked from 24 to 88 hours each at a rate of $0.25 per hour. Mr. Garret J. Roach made $31.25 as a janitor/jailer for the month of July. The following month an Ordinance was introduced to divide the town into different wards in accordance with An Act providing for the formation, establishment and government of towns. It was noted separately that the Chief and Assistant Chief of the Fire Department are to be elected. Other expenditures noted were for the gas lights throughout town and kindling wood and coal to heat town hall in the winter. The local newspapers were TheObserver and Daily Dispatch. The town would publish its annual financial town report in a newspaper. Someone was paid $.050 to bury a dog, $5.00 per horse or cow and $7.50 for a poor child burial. Within months, there were 3 councilmen on the police committee and on May 11, 1899 an ordinance was introduced to provide for the establishment, regulation and control of day and night police and to regulate and define the manner of their appointment and removal, their duties and compensation, was presented on motion from councilman Auf der Heide. A few months later a list of committees are reported in the minutes and of the 10 committees, Police is written last. Later, 3 councilmen are recognized on each committee except for the police that now has 5 councilmen.

1900 On August 31, 1899 the first roundsman, John H. Bauer is mentioned. Later, on page 289 George Gleitsmann is listed as Sergeant in the police department along with the one roundsman and 14 patrolmen. In November 1899 the Chief of police, still unnamed directed two special police officers at every polling place in town for the upcoming general election. At this point in history, it was common practice to have police officers at polling stations. As noted by Robert M. Fogelson in Big-City Police, a police presence at the polls wasnt necessarily to uphold peace and order. Quite the contrary, police looked on in the interest of their affiliated party and allowed misdeeds to take place to ensure a victory for political bosses.2 As had other groups in town, The local Policemens Benevolent Association came to a town council meeting in February and invited officials to their next meeting. For entries into the minutes book, June 25, 1900 marked the first time a typewriter was used, prior to this, all entries were handwritten. It was also the first notable entry for police equipment. Three bicycles were purchased with $150.00 for the police department; four years after their regular use by the New York City Police Department.3 1910 By the end of 1914, George Gleitsmann is a Captain and presents reports at the council meetings. On November 14, 1916 John Toole is listed in the minutes as receiving $23.95 every two weeks as his police pension. At the same time, active officers receive one week vacation per year and a dollar for every arrest made. The police department purchased a Ford touring automobile for $378 and Special Police officers were made regular police officers after passing a physical and mental examination in accordance with statute. A resolution later appears elevating Sgt. Patrick Wallace to the rank of Lt. Detective and soon after, Patrolman John Stecklein was skipped to Lt. Detective. Frederick Rusch was made a Sergeant while George Rusch was a fireman. In the early 1990s Police Captain William Rusch died from a heart attack and his son, Stephen hired as a police officer in 2006. In February, John Lavery, Secretary of the Hudson Democratic Club of West New York appeared before the town council and recommended John Clifford as Detective Sergeant should there be any promotions within the police department. As police literature indicates, it wasnt uncommon for ward leaders or political bosses to interfere with the police promotional process. A boss, in fact was part of the graft food chain from patrolmen on a walking beat to the Sergeant, Captain and ultimately ward leaders and politicians. Laverys presence and suggestion may somehow indicate that politics was not so well ingrained in the police department or simply that Clifford wasnt well connected to the incumbent machine. At this point, the West New York Police Department is not a Civil Service agency nor does it subscribe to Civil Service job classifications until an analysis is completed much later in 1972. Promotions were likely made in the same fashion as big city cops did it, through payoffs. Two sources for this

review began their careers during the 1950s in West New York and stated they had to pay politicians to get on the force and for subsequent promotions. At the end of 1916, there was $4318.97 left in the police account and transferred to the towns general treasury account. The overall police budget for 1917 will be $50,000. What seems to be a recurring theme is a state of the town address every January by whoever the Mayor is. For this new year the Mayor ponders, The police department has been increased to its full quota of men and Law and order and the safeguarding of the peoples homes have always been the best kind of an advertisement for a community. He went on to say that town departments are organized with efficiency in mind and residents can be assured they will receive proper treatment. Rhetoric or not, efficiency was the mantra of the time during this twilight of the progressive era. Councilmen might have thought about efficiency at another meeting where it was suggested to contact the New York Telephone Company to ascertain whether the board of education could be removed from the police department switchboard. Also in 1917, a quote was received from Yawman & Erbe Manufacturning Company for criminal identification equipment including a camera, lenses, flashlight, fingerprint camera and Captain Henrys book on fingerprinting. This was likely the police departments first endeavor to professionalize criminal identification within the agency and coincides with similar upgrades in this field. About the same time, the police department paid instructor Charles M. Estes $9.00 for military instruction for the men. The minutes books, though crude inscriptions, bare witness to the signs of the times and speak volumes when nuggets of information are gleaned from small entries. It is now 1918 and there is a new administration in town. Of the six councilmen and one Mayor, only two incumbents remain from the previous administration. Police issues top the agenda of things to do. On January 22nd, the committee rescinds the appointment of Joseph Kenny as Chief of Police. John Clifford the patrolman mentioned earlier is now a Lt. Detective and the committee moves to demote him back to patrolman. He fared slightly better than a new hire that is fired from the force when the councilmen conveniently cite that the town is in excess of the number of patrolmen permitted by law. Three months later, the first disciplinary action of a police officer is observed in the minutes.4 I hereby charge Lt. Detective John Stecklein with being inefficient and incapable. The charges, leveled by Capt. George Gleitsmann state that Stecklein allowed Mr. Hollbruck to escape police custody by passively watching him enter a car and then leave in the opposite direction from the police station. Furthermore, he did not sound a warning of the escape or blow into his whistle when Hollbruck was fleeing. A trial was held against Stecklein in the council chambers where he was found guilty. A motion was made to demote Stecklein to patrolman. To solidify any suspicions of political interference eluded to before, 3 councilmen voted in favor of the motion and 4 did not. One of the four dissenters made another motion to reinstate Stecklein to Lt. Detective and simply dock his pay and take his vacation time. The Mayor who chaired the proceedings refused to hear the new motion and abruptly walked out from the meeting. The second motion

eventually passed with a majority and Stecklein forfeited his vacation days and was suspended without pay, having served his suspension already. A few months later, Raffaele DAscenza of the Societa Principe Di Piemonte complained at a council meeting. He stated that patrolman John Dedrick tore down an Italian flag and threw it on the ground while murmuring unbecoming words. Several Italian-American witnesses came forward and testified at Dedricks hearing where he was exonerated.5 Ethnic and racial tension and resentment to newcomers was ordinary throughout early American history but such bias and intolerance would not be acceptable in todays society. The Retail Merchants Association distributed data through an attorney that said local customers favored Sunday closings in town. This was another indication of the reform movement. The main shopping district which still exists today is the north-south street of Bergenline Avenue. One of the few remaining fixtures of the business community is Levys sporting goods, a company founded in 1903. The fiscal year for the municipal budget begins on July 1st and was $427,878 for FY 1918. One of the first major purchases was a fully equipped Harley-Davidson motorcycle for the police department. The men in the department, perhaps unhappy with current salaries began to circulate a petition throughout town to get a salary question on the November 5th ballot. They were looking for the following yearly salaries: Captain Lieutenant Lt. Detective Sergeant Sgt. Detective Roundsman Patrolman $2,250 $2,000 $2,000 $1,800 $1,800 $1,800 $1,200 $1,300 $1,400 $1,500 $1,600

first year second year third year fourth year fifth year and thereafter

The record doesnt indicate whether the increases were successful at the ballot or later implemented. However, at the end of the year, police and fire supervisors received $400 bonuses and other municipal employees $200. 1935 Next, the minute books of later years were viewed for analysis. Prohibition had just ended and economically, the country was coming out of the Great Depression. Earlier, a member of the public spoke at a council meeting and recommended the commissioners (no longer councilmen) seek government assistance via the Works Progress Administration. In viewing the municipal minutes, one can get a sense of the various plights and issues facing the town on a monthly basis. The orderly calmness of limited entries from the incorporation

of the town are replaced by lengthy chaotic entries of frenzied borrowing and reoccurring debt while the nation sank into deep depression and the town continued to grow in population. Where saloons and transfer of licenses were listed before, now the town has more than 110 licensed businesses that can sell alcoholic beverages by one means or another. 1948 Its the Town of West New Yorks golden jubilee, fifty years young and the town is celebratory. The commissioners approved The Golden Jubilee Committee to publish a book, History of West New York New Jersey for the occasion. Two thousand books are printed and distributed for $10,000. John E. Otis, Jr. is a town commissioner and later would become Mayor like his father 50 years before. The history book primarily concerns itself with the settlement of the area and doesnt chronicle the past fifty very well. But for the first time, it is easily discernable who the first Chief of Police was. According to the book, the town had a great incorporation parade and celebration. At the event, police officers presented their leader with a handsome badge of office. The engraving read; Presented by the Police Department to our Chief J.E. Otis, as a token of esteem, August 27, 1898.6 Otis, the towns first mayor was also entrusted to lead the police department. In 1948 police salaried totaled $280,600. Succeeding Otis, Jr. as mayor was John R. Armellino, a charismatic ItalianAmerican war hero. Armellino would rein as mayor for 20 years. Although the police department is hardly mentioned in meeting minutes, it is well documented in news headlines. 1956 On October 18, 1956 Carmine Galante, a reputed organized crime figure was arrested for traffic violations on Route 17 in upstate New York. Galante was driving a car with two other men when was stopped by New York State Troopers after allegedly leaving a meeting with Joseph Barbara who the following year hosted the commission meeting among members of La Cosa Nostra in Apalachin, New York.7 Galante was stopped for speeding then it was learned he didnt have a license and presented the troopers with a false operators card. Acting on his behalf nine days later were two West New York police officers. Galante, a high ranking member of a crime family had strong ties to the West New York Police Department and had an interest in Abco Vending Company in West New York. The vending company had a direct telephone line connected to the police department.8 The two officers, Captain Christopher Gleitsmann; Chief of Detectives and Sgt. Peter Policastro drove to Binghamton, New York to speak to Troopers Edgar Croswell and Vincent Vasisko about the Galante arrest. Gleitsmann reportedly offered Croswell $1,000 by raising a single finger to get Galante off the hook and indicated if that wasnt enough then he could make a phone call. Coswell reported the bribe attempt to his superior and Gleitsmann was indicted for using a police car for unofficial business and an illegal purpose, Policastro for not reporting the bribe attempt.

Also indicted were Director of Public Safety Ernest J. Modarelli and Chief of Police Roos for failing to departmentally charge the two officers after being notified of what occurred.9 At the time, the New Jersey Law Enforcement Council was in existence but its statutory authority in question. The council wielded great latitude and held hearings on law enforcement related topics. In the midst of its controversy, the council summonsed Mr. Modarelli who disappeared for several days until the council was disbanded. Peter Policastro retired in 1957 and opened a private investigation office, his brush with Galante and the law wouldnt be his final experience with organized crime or the justice system. His department hearing on charges from the upstate New York incident were to be heard by none other than Director of Public Safety, Modarelli. Under advice of counsel, Policastro skipped the opportunity to tell his side to the person who ironically was indicted for not disciplining him from the onset. Alexander Oriente was hired as a new patrolman and will be discussed in detail below. Stemming from grand jury panel which reviewed the upstate New York incident, the probe was widened to look at the police department in its entirety. On April 7, 1958 a judge released the findings of a Hudson County grand jury presentment. The panel found that the police department was suffering from a waste of manpower, inefficient organization and lax operations. It cited the fact there werent any gambling arrests for three years and a pattern existed where gambling operations were tipped off about enforcement efforts. The grand jury recommended Civil Service status for the rank of detective and to end the practice of officers engaging in politics particularly where it appeared that one Captain was regularly assigned to sell political fundraising tickets. The department was also criticized for not apprising new police officers of their responsibilities and not providing them with updated regulations.10 Whether the scathing condemnation was heeded remains to be determined as well as its long term effects. Moreover, changes were implemented in the short term but more serious scandals later plagued the police force. By the end of the year, the police department adopted a 94 page manual of rules and regulations. Known as the black book, the agency took a rigid military stance in governing its personnel. Although discretion is encouraged in certain areas, strict accountability is outlined elsewhere. Article 73 of the supervisors section states; Each man shall report to the Desk when going to eat, and when finished, also giving the name of the restaurant and telephone number. Having satisfied one area of concern by the grand jury, the Town went a step further and addressed the wasted manpower issue. In July 1959 the commissioners passed Ordinance 850, creating the Park Police Department. Except for the Hudson River waterfront which was then blighted, the town was just as developed in 1959 as it is in 2006. Park area in the urban square mile town is limited and this department was likely created to keep patronage jobs alive for police personnel. 1967 Police salaries totaled $665,300 in 1967. An ordinance was passed giving police officers and supervisors pension credit for longevity and overtime. The

police union president was present at the commissioner meeting and thanked the members. A town proclamation was announced raising awareness about drug abuse. A loitering ordinance discussed and its constitutionality debated in the presence of police chief Anthony Casper. A resolution read about the newly created Spanish Little League. All of these were indicative of the 1960s and the social issues that were experienced nationally, minus the civil unrest that many large urban ghettos experienced. Policastro Revisited Joseph Bayonne Joe Zicarelli was the undisputed heavyweight wiseguy in Hudson County. He was reported to make over $1million annually from the different rackets he ran throughout Hudson County. As with Carmine Galante earlier, Zicarelli used West New York as one of his bases of operation. As state and federal investigators launched an all out war against the Italian mob, Joe was caught in their sights. He was indicted no fewer than 8 times and had at least one conviction overturned. Because the state claimed organized crime permeated throughout the state, crossing county lines in the process, prosecutors held grand jury inquiries and jury trials in various parts of the state. In doing so, the Third Circuit Court of Appeals ruled that Mr. Zicarellis Sixth Amendment rights were violated because of the exclusion of community members on the jury from where the crimes were committed. He was originally convicted of bribing Mayor John R. Armellino in 1971.11 Armellino, twice indicted for his dealings with Zicarelli was taken from town hall in handcuffs the second time around. The first case involved Armellino interceding on behalf of a few wiseguys connected to Zicarelli who were ready to be sentenced. Zicarelli allegedly arranged for $20,000 in bribes for the elimination or reduction of the bookmaking charges. In the second case, Armellino was allegedly taking $1,000 every week to protect Zicarellis interests in West New York. Armellinos brother Michael was also indicted in the scheme which was one of the first in a series of crackdowns on organized crime and local corruption. The lynchpin in the Armellino cases and numerous others was Peter Policastro. As a retired cop, Policastro opened a private detective agency with the financial support from Zicarelli, the local shylock. In return, Zicarelli had Policastro running messages and eventually bribes to area officials and police officers. Policastro was soon grabbed by authorities and agreed to cooperate and wear a recording device. The potentiality of cases developed were enormous but Policastro who was in protective custody with his family, died from a brain tumor in September 1971 before the cases could be presented and his tape recordings authenticated.12 1971 was the same year the West New York police hired its first Hispanic member. Police salaries totaled $1,098,194 and incurred an additional $71,880 in expenses. The emergence of Hispanics was a reflection of the changing demographics in town from predominately Caucasian towards Hispanic. Others would slowly make their way into the police department, but not into supervisory or policymaking positions. Two departments where Hispanics fared better were

the Park Police department and Auxiliary Police. Although the auxiliary officers, volunteers themselves, were promoted by appointment, many current and former West New York police officers got their start in either of these two departments. In fact, prior to its abolishment in 1992, the Park Police department had the highest ranking Hispanic, a Lieutenant. Recently, over the past five years, 6 Hispanics have been elevated to the rank of Lieutenant. One has since retired and only one of the remaining 5 works in the patrol division, none have policymaking positions. In the past, the Director of Public Safety was CubanAmerican but later transferred to another department after the 1998 police scandal discussed in detail later. Hispanics in West New York constitute more than 90% of the population according to Census data, yet the police department, predominantly Hispanic too, is headed by Caucasian policymakers. Hispanics, particularly Cubans began relocating to West New York in droves following the Cuban revolution when Fidel Castro took control of the government in 1959. Throughout the 1960s and into the early 1980s consecutive waves of Cubans made their way to Hudson County and West New York. Their presence and contributions to the community are noteworthy not only for historical purposes but also are significant in political and police efficiency debates. Several accounts are expanded here to illustrate the ramifications of police associations to organized crime. It is not intended to detract from the historical context of this review however, in researching the more than 100 years of the West New York Police Department there clearly exists a recurring theme and pattern of corruption with organized crime origins. Further exploration of these relationships would actually serve the police and community well in implementing reforms and improving police efficiency and effectiveness but that is not the focus here. Jose Battle Enters Jose Miguel Battle was a former Havana vice cop who fled Castros regime. He was a CIA trained Cuban who fought in the failed Bay of Pigs invasion on Cuba in 1961, was captured and jailed. Some time after his release, he relocated to Union City, New Jersey where he opened a Go-Go bar. Battle used his Italian mob connections from his Havana vice days to start building his empire, The Corporation, or La Corporacion in Spanish. He bought a go-go bar in Union City, New Jersey in 1967 and ran his operation from there. He soon found a friend in Bayonne Joe Zicarelli who was a captain in the Bonano crime family and ran the rackets throughout Hudson County. Joe allowed Mr. Battle to run the numbers racket in Union City in return for a cut of the action. By this time, North Hudson, specifically West New York and Union City were being transformed from an Italian enclave to predominately Cuban and Hispanic. Running the numbers consisted of an illegal lottery which players would wager small amounts to large sums on two daily picks. Lotteries have been around for centuries and Cubans in particular play the game superstitiously. The game is still played on the island although it is illegal there also. In the United States criminal punishment has historically been lenient for those who play or operate the games. However, the games were so

prevalent and profitable that states like New York and New Jersey legalized statewide lotteries to compete with the local policy games13 which were predominately run by the Italians until the Puerto Ricans then Cubans later took over operations particularly in dense urban areas like New York City, North Hudson and Miami. With Zicarelli tied up under federal indictment and in jail, Battle was less constrained from expanding his gambling enterprise. He still had to contend with the other Italian crime families who would vie for Joes territory. Such was the case in the early 1980s when Corporation members muscled their way to take over the New York City numbers racket. To assert their presence, Corporation enforcers firebombed numerous betting spots killing more than 10 people in the turf war. Later, the Italians recognized the Cuban mob as a formidable competitor and settled for a cut of the Cuban action that they once dominated. The fatal arsons caught the attention of federal authorities and in June of 1985 there were three days of testimony at Ronald Reagans Presidential Commission on Organized Crime. Jose Battle was subpoenaed to testify before the Commission and chose to invoke his Fifth Amendment protections. Battle, having a 30 year prison sentence for murder overturned in the mid 1970s by a technicality wasnt looking to draw more attention to himself. He headed to his stately El Zapotal ranch in South Florida soon after the Commission hearings. By this time, the Corporation was well established in the illegal lottery, sports betting and drug smuggling businesses. It was the 1980s and the Italian mob had its own problems with in-fighting, bloody turf wars and law enforcement. Cocaine was the drug of choice and the Cubans were a crucial link for the Columbian cartels. The Cuban mob had proven worthy as intermediaries between the Columbians and Italians already going back more than a decade. Like other urban areas, West New York was inundated with drug related crimes in the late 1980s and strained police resources. The wave of Cuban refugees from the 1980 Mariel boat lift also contributed to an increase in local crimes. Among the 125,000 Marielitos who arrived in Miami during six months in 1980 were more than 1,500 criminal and mentally ill persons. With little or no documentation, authorities in the U.S. had the hasty task of trying to distinguish between refugees and hardened criminals. Unfamiliar with American customs and laws some uneducated and unemployed Marielitos were used by The Corporation to commit crimes ranging from picking up bets to contract killings in the New York metro area. Community Policing It was now the community policing era and Ronald Reagans renewed war on drugs was in full effect. Children in schools were taught to just say NO to drugs and eventually the police department assigned police officers to the nationally recognized D.A.R.E. program in an attempt to prevent children from experimenting with drugs. On the criminal end, the police department established a narcotics squad and in the early 1990s the tactical patrol force (TPF) to combat an assortment of crimes. In 1986 the police department hired its largest pool of candidates in recent history. Seventeen men were hired under the Safe

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Streets program and as part of the community policing concept, were assigned to walking posts upon completion of academy training. Same was true for the first woman hired in 1999 and today there are 5 women police officers. In keeping with tradition, the new officers had little training, oversight or guidance in their new assignments. To date, the police department does not have a field training officer program where new officers are trained in a one-on-one basis by a veteran or supervisory officer. Instead, officers receive on the job training with real life experiences and under the tutelage of others who survived the same trial by fire rituals. The Park Police was housed in a small office attached to the town recreation center at the middle of town. After its abolishment, the regular police department took over the space in the mid 1990s to station the community policing team. With some fanfare and little direction, the mini-precinct was opened for business. One officer was assigned to the 10 X 12 foot precinct with no instructions or responsibility. After his re-assignment, no officers were posted at the precinct. During the short time the mini-precinct was operational, there were no citizen contacts or calls for service, the office space soon abandoned. New Crimes A significant crime development in town towards the end of the 1980s was the introduction of video gambling devices. The machines also known as Joker Poker gaming devices became popular in the mid 1980s. Resembling slot machines minus the single arm, they are the same popular electronic devices used at legal casinos. With the emergence of stiff competition and sporadic pressure from law enforcement on bolita operations, video gambling opened another avenue for Jose Battle to boost his sagging revenues. Independent video operators also began to spring up across Hudson County with little resistance or tacit approval from The Corporation. One connected operator was Jose Grana, Sr. and his son Jose, Jr. Strikingly similar to the 1950s case with Carmine Galante and the Abco Vending Co., the Granas owned Boardwalk Amusement, a vending and amusement machine company. In a bizarre and inexplicable policy, the Hudson County Prosecutor issued a memorandum to local police to photograph gambling machines and destroy them on site if there was no room to store the evidence. The maneuver effectively ensured no trace of evidence for any prosecution of video gambling cases which were essentially connected to organized crime. This policy exacerbated not only the crime problem but furthered corruption activities. The Granas wanted to dominate the local landscape and used police officers as enforcers to expand their video gaming business. The elder Grana was convicted of murder in the mid 1980s and spent little jail time after fleeing authorities prior to his incarceration. Upon his release he comfortably sought refuge back home in West New York where he ran the local rackets. His sports betting operation was so popular that even Italians took his odds and drove to town to place bets. Grana owned several properties in West New York and Union City. At one point, he was attempting to convert a small meeting hall into a mini casino. Grana would use cops on his payroll to target and harass store

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owners to do business with him. The scheme was successful and produced dozens of new locations for Boardwalk. Keeping a diversified portfolio, Grana also owned a restaurant/bar and of course the amusement business. Because he was a convicted felon, the bar couldnt be licensed in his name. Fully aware of the legal bind, Grana kept the liquor license in his wife, Margots name. The Town allowed the license to remain dormant for some time until it needed to be renewed again. In 1993 the Town of West New York officially opposed the renewal of the dormant liquor license through the state Division of Alcoholic Beverage Control. In opposition, the Town cited a report on organized crime in New Jersey listing Granas Caf as a front for illegal activity which in fact wasnt much different from his amusement business. In 1994 Grana became a target in a racketeering investigation initiated by the FBI. Police officers from West New York, some of which were on his payroll in the past, started frequenting his Boardwalk Amusement office to sell Grana political fundraising tickets. The tickets were for Albio Sires, a perennial candidate for Mayor. With the possibility of a new administration in town soon, the shrewd businessman wished to establish himself early on and bought more than $10,000 in tickets with cash and at times by checks issued to the solicitor. As the 1995 election neared, it was clear that Sires could walk into office. Having already spent thousands in tickets from the cops and Rene Abreu, Sires chief fundraiser, Mr. Grana was getting shook down again. Through an intermediary, Abreu set up a meeting with Grana at a local diner to discuss racketeering in West New York. He also had meetings with Alex Oriente, the corrupt West New York chief of police. According to Oriente, Abreu asked of gambling, prostitution, drugs and illegal alcohol sales.14 By the end of the discussion Abreu reportedly asked for $2,000 in weekly payments for the gambling operation that Oriente surmised was for the new Sires administration. In his interviews with the FBI following his cooperation deal, Grana confirmed he began making these payments. The Sires team won the May 1995 municipal election and Grana sought assistance for his liquor license which the previous administration opposed. He spoke to an officer who was close to Mayor Sires. The officer told Grana it would cost $5,000 in cash to assist him with the liquor license. Grana agreed to the terms, put the license in his sons soon to be brides name and the town allowed the transfer of the license within several months of Sires taking office. No criminal charges were filed, nor were the police officer disciplined for his involvement in this alleged matter. Licensing and tavern inspections were still part of the police function but has somewhat evolved from the mid 1990s to present day. An Alcoholic Beverage Control board was created in 1999 following a recent police scandal. Police now file separate tavern incident reports for occurrences at licensed establishments and a police supervisor is a liaison to the ABC board.

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Tales of Corruption It would be difficult to determine the origins of corruption by police officers and public officials within the confines of West New York, but it would be fair to say that concerns have persisted since the towns incorporation in 1898 when an elected official brought up the problem of illegal slot machines. From that point forward, it may be surmised gambling was an issue in town in a cycle of news headlines that typified occurrences that mired the police department with front page accounts. Alexander V. Oriente served as a West New York police officer from 1957 to 1997. With little professional training and formal education, Oriente was introduced to graft by fellow officers during on the job training. He learned to visit local bookies for vacation cash and Holiday cheer.15 He also knew that tow truck operators paid cops a dollar for every car they towed. Later, in or about 1970, Oriente had money on the street and was loansharking with a Cuban accomplice. He continued his joint ventures with others and at some point began getting paid regularly from Grana and other bookies. Eventually his protection from enforcement schemes encompassed gambling, prostitution and illegal sale of alcohol. Forty years in a life of crime, while wearing a police uniform, federal authorities confronted Oriente in a pre-dawn arrest at his home in January 1998. A year before Alex became a cop, another officer was sworn in to the department. He retired as a police Lieutenant, but not before being indicted three separate times by federal authorities; once in the 70s and again twice in the 90s for allegedly protecting rackets. Charges were dismissed in his first indictment and trial acquittals for the other indictments. Police Street Crimes A parade of police officers were led out of the loading dock entrance at One Gateway Center, the FBIs New Jersey headquarters in Newark on January 13, 1998. The officers were among a group of individuals who allegedly participated in a Racketeering Influenced Corruption Organization (RICO) namely, the West New York Police Department was functioning as an illegal enterprise. A 69 count federal indictment was unsealed and the officers were rounded up at their homes to be arrested and processed by the FBI. In all, 9 officers were charged in various schemes that involved illegal gambling, alcohol sales, prostitution and towing kickbacks. Another two dozen people faced similar charges. The center of the corrupt activity surrounded the protection of the illegal gambling which took the form of sports betting, lottery and video slot machines. It was estimated that gambling took place in roughly 200 locations within West New York and nearby communities. The police officers netted more than $600,000 in bribes for the various schemes that generated more than $27 million from 1989 to 1997.16 The principle operators of the gambling enterprise were the father and son team of Jose Grana, Sr. and his son, Jose, Jr. Proceeds from their sports betting and lottery action went directly to Gumersindo Gonzalez, a super banker in Jose Battles-The Corporation.17 Some of Gonzalez

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operations generated upwards of one million dollars a week when he was arrested on gambling charges yet again in February 2000.18 The police officers who were arrested were Alexander V. Oriente, Chief of Police, his son Alexander L. Oriente commanding officer of the Detective Bureau, detective Sergeant John Morrow, Morrows brother in-law; detective Carlos Rivera, Lieutenant Richard Hess, Internal Affairs Sergeant Arthur Pea, traffic officers Carlos Irimia and Charles Whisten and patrolman Manuel Gonzalez. Later, three more officers faced similar charges and pled guilty. They were detective Sergeant Edward Kavanaugh, Jr. detective Lieutenant Edmund Comfort and detective Sergeant Carmine Gaeta. All of the officers above, except for Rivera, had more than 10 years police experience and most of them were detectives. By written order, detectives were the only officers to investigate illegal gambling. The officers charged with towing related kickbacks; Gonzalez, Irimia and Whisten, were never assigned to the detective bureau. They were accused of accepting six dollars for every car they towed. In March 1998 Chief Oriente and his son became the first officers who approached prosecutors to cooperate in the RICO investigation. Accompanied by their attorneys, they spoke to prosecutors about their own criminal activities and everyone they dealt with. Of the more than 30 individuals facing RICO related charges, all pled guilty except for four officers. In March 1999 trial for these officers began in U.S. District Court in Camden, New Jersey. Three of the officers were convicted and Lt. Richard Hess was acquitted. Using statements from police officers and others who pled guilty, authorities developed additional criminal cases including charges leading to a second trial of West New York police officers. The second trial consisted of one officer from the original indictment and two other officers. The trial had to do with charges of kickbacks from a towing company that had a contract with the Town of West New York. The company owner pled guilty to a Federal Information before being formally indicted for a federal violation. For several years, her company had an exclusive contract with the town. As an incentive or because of past practice, she paid police officers six dollars for every car they towed. For officers in the traffic division, she allegedly had a more handsome agreement due to their volume of towing. The three officers were acquitted at trial and later negotiated a return to work. All three are police officers today with unrestricted duties. Officers who pled guilty further developed other cases against their colleagues. All of these officers plead guilty and avoided trial. In total, 18 West New York police officers were pursued by federal authorities and four of them were acquitted in two separate trials. Other officers, including 2 Deputy Chiefs were implicated, but never charged. Several convicted officers had enough years of service to retire, but were denied benefits by the New Jersey Police and Fire Retirement System board because of their criminal activities.

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Protection Schemes The thrust of the 69 count indictment involving Chief Oriente and his cohorts concerned numerous protection schemes in which operators of illegal enterprises agreed to pay a fee to be free from enforcement by local police. The most lucrative operation for the cops was video gambling. This type of gaming was only one method of profit for the operators who also took sports betting and illegal lottery (bolita) action at their respective places of business. Owners and customers were predominately Latino and most were Cuban. The popularity of sports betting also lured people of different ethnicities to the area to place a quick bet. Lottery bets could start as low as fifty cents and Super Bowl betting in the thousands. Video gambling machines had cash accepters that would give the player 4 credits for every dollar played. Store owners would pay out for credit winnings. Prostitutes from various countries catered locally to men predominately of South American decent. The brothels were located throughout town both in residential and commercial areas. The clients who frequented them mostly crossed the Mexican border alone or in small groups in search for work in the United States. Living in cramped quarters and sleeping in shifts, the men would send their earnings back home, south of the border. They paid between $18-22 for oral sex. Restaurants, bars and nightclubs may thrive or go out of business because of a good liquor license or one with strikes upon it. Local and state laws govern the time when alcoholic beverages may be sold and consumed. Several businesses in West New York were permitted to operate without licenses because of the protection fees they paid. Others sold liquor after legal hours at a premium to clients who wanted to party all night. D Squad Some of the collateral cases that developed from implicated police officers who cooperated with authorities for leniency revolved around a group of patrol officers who were assigned to work together. The police department was divided into different teams where officers worked the same shift throughout the calendar year. The teams were alphabetized A to E. Historically, problematic officers and those with attitudinal difficulties were transferred to one team; D squad. A band of rouge D squad officers were accused of being petty thieves who preyed on drunks, immigrants, the deceased and the motoring public on a daily basis. Intoxicated men were sought after leaving bars and restaurants then stopped by D Squad members and taken to the police station. Since some establishments these men left were being protected and closed at different hours there was a never-ending stream of intoxicated patrons ripe for the picking. Propositioned to avoid legal problems the men would gladly pay off the police and then were released with little remembrance as to what transpired. Others never made it to the police station and were shaken down on dark streets after bar closings. Police officers would approach the men and frisk or roll them, removing cash and jewelry from them before sending them on their way. For the

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remainder of the night shift, officers competed for the sole tow truck operator to tow cars for the smallest parking infractions in the countrys most densely populated community. During the daytime hours, cops would collect on the tows from the company to a tune of six bucks per vehicle towed. On few occasions, the cops hit it big with car stops of drug dealers or others who carried quantities of cash. Politics Although police corruption existed prior to Sires arrival as Mayor, his presence was one of complicity not reform. Oriente, who testified about police corruption after pleading guilty to racketeering stated he admittedly took bribes since becoming a cop in 1957. This account preceded the Sires administration by nearly forty years but Oriente himself summed it up to Jose Grana in 1995 just prior to Sires taking office. These guys are not like DeFino, they are greedy, they want something. You have to go along or theyll have me busting your machines.19 Rene Avila who had business with the Sires administration once told Oriente, These guys (Rene Abreu and West New York (WNY) Mayor Albio Sires were not easy to deal with like former Mayor DeFino was.20 In reviewing records for the past fifteen years of the West New York Police Department there have only been two political administrations for the town. The current mayor and board of elected officials have been serving together since 1995 with some substitutions. Prior to that, the mayor was in power since 1971. The current administrations first term campaign records were reviewed to see if there were similarities in police officers who made contributions and those who had detailed assignments. 41 police officers contributed $37,065.00 to Sires campaign committee21 and 32 of them were detailed in the past or are detailed now. Eight of the 32 were indicted. Again, this is not meant to be an analysis, but given the high number of detailed officers who contributed campaign money, inferences may be drawn. Internal Affairs The New Jersey Attorney General (AG) allowed for part time and full time internal affairs staffing and active and reactive oversight. A majority of police agencies in New Jersey consist of departments with less than 25 officers, according to New Jersey State Police UCR reporting. Given the nature of small departments, the AG recognized limited manpower and allowed agencies to have part time personnel assigned the responsibilities of internal affairs (IA). Part time IA officers would likely be reactive in that they would respond to internal or citizen complaints against officers. Larger police agencies with full time IA officers could theoretically be proactive and seek out police misconduct but this is rare. With over 100 officers, West New York PD is considered a large department, even though it has part time IA officers. IA responsibilities are shared among police officers with little patrol experience and lots of administrative time. None of the indicted police officers were investigated by Internal Affairs for that type of conduct prior to indictment except for D Squad members who rolled drunks and stole money from prisoners. After the indictments, Internal Affairs

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began to monitor the two federal trials but did not formalize recommendations or reforms for the police department. The agency implemented ethics training as part of its semi-annual training, where many officers and supervisors were paid overtime or compensation time for sitting in the class. An Internal Affairs supervisor, Arthur Pea spent five years in prison after being convicted at trial. For over ten years beginning in 1992 Thomas ODonnell investigated allegations of wrongdoing by officers for Internal Affairs. Deputy Chief ODonnell is currently the highest ranking police officer in the department and has absently been using accrued compensation time since February 1, 2005 prior to his official retirement date. ODonnell is among three police supervisors who attended the FBI National Academy. Of the three graduates, one abruptly retired following the 1998 scandal and the other two, including ODonnell are in the process of retiring and do not report to work, yet still get paid. Leadership? Any police chief for the agency in recent memory typically had more than 30 years police experience and only stayed in the Chiefs position for a few years, according to public records and undoubtedly did so to ensure a boosted pension. The position of Chief was no longer used after 1997 and a unique situation exists today to oversee the police department. Through a town ordinance, currently the police department can be operated by a civilian overseer rather than a Civil Service Chief of Police. Therefore, in the past, an officer with little education or whom bribed his way through the ranks [before Civil Service] could become chief only after spending three decades within the agency. Now, in theory any qualified individual could be chosen to run the department from a national pool of the best qualified candidates, however that is not the case. A sworn officer from the Hudson County Prosecutors Office, Timothy Griffin currently oversees the police department. Griffin, a Captain and 24 year veteran remains on the Hudson County payroll through an inter-local agreement between the County of Hudson and the Town of West New York.22 He succeeded the Prosecutors Chief of Staff Joseph Pelliccio, who was loaned to West New York following the retirement of Oriente. Later Pelliccio left the county agency and signed a contract with the Town of West New York. Alexander V. Oriente was the last person to hold the title Chief of Police. It is a common myth that the Prosecutors Office took over the police department. Although thats how the original deal was crafted, in the end this was not the case. The Prosecutor didnt assign additional personnel to West New York, nor was there a policy and practices review of the corrupt agency or hearings, reports or findings issued. The assignment was nothing more than a soft landing for political hacks. An ordinance was passed and the position of Deputy Director was created. Simply, the police department has become a soft landing for two officers thus far who will also receive higher pensions based on their service in West New York. The assignment of three detectives by the first Deputy Director is a clear indication that status quo reflected new leadership. Two of the detectives chosen by the Deputy Director to clean up the detective bureau abruptly resigned, then plead guilty to corruption allegations. The third detective who was an enforcer and debt

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collector for Chief Oriente now occupies a close position to Deputy Director Griffin and virtually runs the department in his absence. Taxing Times As part of this review of the police department, fiscal considerations were accounted for. Any police department typically stands out as a very high expense within a municipal budget. For this review the extraordinary costs to the taxpayers of the Town of West New York for police services or quite possibly non-essential services was researched. Police salaries now account for more than $8 million annually, according to the Town budget for the past 5 years. As per the most recent contracts, patrol officers receive a top pay of $63,437 and 29 vacation days per year, Sergeants; $74,071 and 34 days, Lieutenants; $86,666 and 38 days, Captains; $101,402 and 41 days, Deputy Chiefs; $118,638 and 44 days.23 These figures do not include longevity increases based on years of service or holiday pay which is a separate check, but included in pension calculations. Each officer is entitled to a capped compensation for accumulated time. Patrol officers are capped at $17,000, Sergeants; $20,000, Lieutenants; $22,000, Captains $24,000 and Deputy Chiefs $27,000.24 Prior to 1978 officers were allowed to vest time and the practice has since ended. Those officers with vested time may cash that time at the end of their career. Of the 49 officers reviewed, 10 did not have vested time and one Lieutenant currently has 131 vested days.25 Whether the caps above seem reasonable or not, officers do not retire in massive numbers. From the records reviewed, it appears that less than five officers retire annually, except during the post-Oriente era where numerous supervisors retired within one year. The hidden costs of retiring personnel are the number of compensation days they have and use at the end of their career. Throughout any given year patrol officers use vacation time, get sick and perhaps injured. Roughly 8% of the police officer today are either home on sick or injury related circumstances, several in recent years due to heart attacks. It is conceivable that other officers are needed to fill the void of the absent employee either through overtime or comp time. In addition, supervisors also have the same liberties and misfortunes, but they may not necessarily be essential personnel, unless they have a specialized task that is not duplicable. At least three high ranking policymaking officers are using compensation time to stay home, their roles and necessity-questionable. As for the essential supervisors, others would have to pick up the slack or in the cases where the supervisor is not returning to work, the promotion of another would take place. Fraternal For the most part, West New York police officers serve for 25 years before retirement. Upon joining the police department an officer can expect to attend basic police academy training with between 1 and 16 individuals (1986-95 records). After academy graduation and with little guidance, recruits are assigned walking areas until called upon to work in a patrol team based on departmental needs. Patrol teams average 9 members plus supervisors.

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Supervisory exams are called for every four years, depending on needs and local politics. Supervisors are chosen among a pool of fellow officers, of which an officer might have spent 5 months with in the academy setting and several years in one of the teams. The fact is, even with over 100 members, an agency can be close-knit and fraternal by nature. Sooner or later, someone among the fraternal group will be chosen to be a supervisor of others and expected to be fair and impartial. Union organizations, for which there are two within the West New York Police Department, are also fraternal in nature. Officers ascend to supervisory positions to which their fellow union members are expected to respect and be accountable to. In fact, as far as internal affairs is concerned, Attorney General guidelines specify that no union official should hold internal affairs positions. This explicit rule has been violated within the ranks of West New York police supervisors, according to rosters of IA officials. Such conditions may contribute to a code of silence where officers with common bonds condone wrongdoing by colleagues. Within the police department as in any organizational structure, there are sub-groups and subcultures. In this instance, such lineages are divided predominately by assignments. The two main divisions in the PD are uniform and non-uniform services. The patrol teams are uniformed and most visible to the public. Administrative officers also wear uniforms but work from offices. All members wear blue uniforms with blue shirts. The ranks of Captain and Deputy Chief wear white shirts. Non-uniform personnel are detectives and juvenile investigators. Another division within the agency is detailed and non-detailed personnel. Detailed officers work a different schedule as outlined below. Work Schedule Work schedules for police officers are governed by collective bargaining agreements with the Town of West New York. For patrol officers and their supervisors, the work week is 32 hours of daytime work over the course of 4 days. Following the 4 days, officers are off for 72 hours. They work another 4 shifts of evening hours followed by 96 hours off. Lastly, officers work 4 midnight shifts, then are off 72 hours before commencing the day schedule again. This schedule is maintained for the entire year and every officer is compensated for 14 holidays regardless of whether they actually worked any particular holiday. The holiday compensation is added to an officers annual salary, thus padding pension compensation after retirement. A second contractual provision governs detailed officers who work 8 hour shifts for 5 days with 64 hours off afterwards. Then officers work for 4 days and are off for 88 hours (Friday through Sunday). This 5 day/4 day week continues throughout the year but quarterly, officers must work 3 consecutive weeks of 5 day shifts. The shifts are during daytime hours with weekends off and every other Friday off.26 Administrative positions are detailed assignments. Detailed officers and supervisors are paid for holidays in accordance with the same provisions outlined above regardless of whether they actually worked on the holiday, with a couple of exception. Detailed personnel assigned to office

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duty automatically have the day off when town hall is closed for a holiday and they receive additional time off as a bonus. Time Off Of the 14 holidays observed, 5 are on Mondays every year, closing town hall whereby giving detailed persons at least 10 extra days off. Section 19 of the West New York personnel policy established by ordinance states employees shall be entitled to 12 listed paid holidays in a calendar year, except as noted in union agreements. Both patrol officer and supervisor union agreements state officers shall be paid for 14 holidays which are not listed. Clarification as to this discrepancy was requested but no answer has been provided by the Town Attorney. Several officers received holiday compensation time for Halloween, which is not a holiday. Besides having the day off because of office closings and in addition to the fact the officers are paid for the holiday, detailed personnel also receive a comp day of vacation time and receive their regular salary. Heres that breakdown again for detailed persons receiving a holiday on day off. (1) The detailed officer receives a regular paycheck every two weeks and is paid for time worked or paid for vacation time if that was the case. (2) S/he doesnt actually come to work on the Holiday when town hall is closed. (3) The officer receives a separate paycheck in December for all holidays, whether worked or not. (4) The officer is given a compensation day in the official vacation book and can be redeemed for cash at anytime (worth more money as time passes) or used as a day off at the end of ones career in order to stay on the town payroll. Should a detailed officer report to work on a holiday or his/her day off, s/he receives 1.5 days of comp time. Comp time is short for compensation time that an officer may accumulate and carry from year to year. Compensation time is often given to officers in lieu of being paid overtime pay. Rates of overtime compensation increases as an officer advances in time and rank throughout his/her career. With compensation time carried over many years, an officer may receive a comp day from one point in a career and either cash that day or use it at the end of the career. Reasons for comp time vary as does the amount time each officer received for particular tasks. At the time of redemption, comp time may be worth upwards of four times its original value. At the point of retirement, depending on the number of days banked, an officer can cash out the time with a set cap as outlined by contract which is addressed here later. Specialization Police officers in the West New York Police Department are no different than officers in other agencies in that there are many responsibilities. Officers assigned to various divisions briefly mentioned above each have separate tasks. Detailed personnel often perform duties that are essential administratively, but seldom reflect real crime fighting police work. This opinion of detailed personnel creates animosity among detailed and non-detailed officers. Such

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animosity is not without merit when discussing job perks, work schedules, discipline disparities and deviance. Unlike patrol officers, some administrative or detailed officers are non essential and/or can be replaced by lower paid workers. This statement should not be misconstrued to call for the elimination of jobs or the hiring of unskilled workers. In fact, if this cost saving measure occurred, it would create jobs and efficiency by placing additional police officers where they are truly needed as opposed to tending to office tasks. Departmental past practices and customs have created these positions, which to a certain extent may be consolidated, but have been reserved for career paper-pushers, according to the records reviewed herein. One of the areas of potential abuse of position, from viewing comp time records, was that of special duties. Several officers of different ranks had sole responsibility for particular tasks. At first glance the exclusivity might make sense for accountability, economic and skillful reasoning, but further review indicates there is no accountability, practices are wasteful and the skillful need not apply. The limitation of having only one person for a very specific duty creates one benefit; job security. Having no other person trained for a particular task allows that individual to reap enhanced benefits not afforded to other police officers. Currently there are 5 Captains within the police department, each with more than 25 years experience. There is one Deputy Chief who is on leave using his comp time as of February of this year. The Captains lead all of the divisions of the police department, including administrative services. Two of the Captains oversee daily operations from the hours of 8:00 am to 4:00 pm and 8:00 pm to 4:00 am, Monday through Friday, excluding holidays. Every weekend, a Captain is on-call for Saturday and Sunday. For being on call, a Captain receives a half of a day comp time for a total of one comp day for every weekend and if a holiday follows on Monday, another full comp day for that day too, since Captains do not work holidays. For the years of this review, 1990-2005 the number of Deputy Chiefs varied between one and three, Captains; three and eight, Lieutenants; nine and sixteen, Sergeants; eleven and twenty. Deputy Chiefs participated in the weekend duty Captain stint and in total for the years of review, the 13 combined Deputy Chiefs and Captains received 912 comp days for being on call on the weekends. The five current Captains account for 397 of those days.27 Furthermore, had it been necessary for a commander to actually be called for an emergency and appear at the police station, all but one Captain lived outside the community and some at great distances. As of this writing, the number of calls to weekend duty Captains can not be determined because of a lack of cooperation from the record keepers. However, a review of police contractual agreements indicates all police officers are already compensated $1.00 per year to be on call 24 hours a day. None of the documents reviewed including contracts and official policies specifically had any provisions for weekend duty Captain. The Fair Labor Standards Act of 1938 is federal legislation that regulates minimum wages. Within the Act, there are provisions and exemptions relating to

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police and fire personnel. Although there may be officers within the police department who should be exempt from overtime and comp time, the Town of West New York has not designated any officers to be exempt, according to the Town Attorney. Therefore, officers at the highest pay scales are entitled to compensation time and overtime pay, even though they are confined to administrative duties. In viewing the two vacation comp time books of the department, it was noted that the books were in the control of limited personnel (Captains) who personally entered compensation data. When those individuals were absent or on extended leaves, i.e. using their own vacation or comp time, others would enter data. Several items were noticeable in data entries. Compensation time authorization was not centralized through one office. Instead, notations such as approved by Deputy Chief (DC) were found throughout the books and given the fact the books were maintained by Captains, it is doubtful the Chief reviewed the entries. There were several single entries for detectives with DC approval with days upwards of 24.5 without further explanation. A majority of these entries were to officers who were indicted. In addition, the amount of time any officer received for a particular task varied. An officer would receive one day compensation for attending off-site training (school) and the same officer would also receive 1.5 days compensation for attending school at a different point in time. Using accumulated compensation days, several officers, especially the highest ranking, have been able to retire early by more than a year. In this manner, officers are compensated 100% at full pay rate by the Town employer instead of being officially retired and compensated accordingly by the State pension system. Thus they are being paid by the Town to stay home and their duties assigned to other officers. The other officer now taking on an additional workload may be compensated with comp time and keeps the abuse of compensation time cycle in motion. Throughout his/her career both the officer and employer contributes to the state Police and Fire Retirement System. When the officer retires, the State of New Jersey pays the retiree 66% of his/her salary and the Town has no further obligation except for medical benefits, not including eye and dental care. Retrospect During the late 1990s when a dozen West New York Police Officers were indicted similar events were unfolding in Los Angeles. There, the rampart scandal revealed unspeakable crimes by police officers who stole drugs entered into evidence and shot innocent people to cover their other misdeeds. Rampart was first brought to light by an internal investigative task force and internal audits. Later there was an internal Board of Inquiry consisting of command staff and an independent review by a professor at the request of a police union. Then came the federal government with the threat of a law suit, so the city entered into a Consent Decree that would last at least five years. During federal monitoring a blue ribbon commission was formed and the District Attorney began to review criminal cases filed by corrupt police officers. In the end, one very corrupt police

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officer cooperated with prosecutors and outlined crimes and violations by 70 of his fellow officers. Thirty law suits were settled for more than $25 million and there were over one hundred more suits piling up, while numerous felons arrested by corrupt officers were freed from prison.28 Back in West New York, there were no audits or task forces, no criminal case reviews and no multi-million dollar cash settlements following the Oriente case. Eighteen police officers faced federal criminal charges, some for extorting in six dollar increments. Room for Improvement After reviewing the West New York Police Department as a historical chronicle some of the Peelian principles of policing and essential elements of professional police model29 are herein addressed. Given the three distinct waves of corruption in West New York in 1958, 1971 and 1998 and events leading to their respective revelations there clearly exists room for improvement within the police department. Although the military analogy was used from its inception, given the nature of allegations and a review of police internal affairs annual summary reports, adherence to the model has not been strict and at best was used selectively to discipline certain officers whether for personal or political reasons. Following the 1958 scandal, the police department quickly adopted the black book rules and regulation that clearly dictated a strict military analogy. 1994 is the next time rules are revised and suffice to say based on the 36 year gap, most likely was not a priority in the department. A strong, centralized control of the police was achieved but the historical records indicate that only made it easier for the small town politicians to interfere with police functions. Power may not have come from the ward leaders but the councilmen themselves. The rank of Captain was distinctly a powerful one as was Detective. From the 1980s forward, most of the power was centralized in administrative services, regardless of supervisory rank. Chiefs or any officer for that matter where at the mercy of the politicians prior to the implementation of Civil Service in 1972. This had significant consequences as to how the police department functioned not only in pre-1972 but even recently. With Oriente and others from non Civil Service years still around well into the 1990s it stifled the effective and proper operation of the agency. In the meantime, younger supervisors with enough time to retire and discouraged by the lack of opportunity may have left the department at first chance while cronies lingered to engage in malfeasance. As for recruitment, the same is true. There was no possible way to recruit the best qualified recruits with a patronage and pay as you go system that existed for so long. Civil Service wasnt exactly the best gauge for selection either. Until recently, the Department of Personnel had a police entrance exam that was laughable. Not only was the test not police related, but numerous test preparatory companies literally gave the answers to their clients. Since the 1998 police scandal, more than 60% of the current police force was hired, resulting in a younger, but not necessarily better pool of officers. Background checks and initial screening lacks current standard practices. Once hired, police officers are subjected to both basic academy and in-service training. As recently as five

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years ago the record indicates that supervisors forged others signatures on standardized training modules. All new hires are subjected to one year of probation. Having spent the better part of six months in the academy training just mentioned, only six months remain thereafter to fire a police officer before union protections ensue. Those six months are minimally supervised and performance evaluation, which only exist for new officers are rubber stamped. One recruit is currently facing dismissal and was pulled from the academy on April 28th for something committed in October 2005. The lack of proper screening may have contributed to the hiring should it be determined that the allegations are true. Following probation, where an officer can be dismissed without cause, officers may be disciplined under the auspices of Civil Service regulation and departmental rules and regulations. The disparities here are as wide and glaring as those of compensation time; no rhyme or reason. Currently two officers are being disciplined for having separate car accidents. One officer was offered 3 days pay as penalty, the other; 4 days. Supervisors in the past werent disciplined at all under similar circumstances. The fraternal ties and inclusion of union leaders in internal affairs as highlighted earlier are likely factors in this disparity. Beyond the police academy, officers receive in-service training in a myriad of areas. Training is one section were great improvement has developed. Based on a review of every officers training file (in 2000), officers are receiving much needed training. Prior to 2000, outside training- that which took place outside the confines of the department was limited to a core group of individuals. But taking departmental needs into account, there doesnt appear to be enough justification to send the chosen officers to the classes they completed. This translated to sending officers, some of whom were detailed and/or nearing retirement, to classes where the lessons would not be shared with newer officers. In the post 9/11 era officers are now being sent to terrorism related course and new technologies are being applied. Shift supervisors carry radiation detectors with them at all times and Department of Homeland Security funds have been used to purchase equipment. The department could also be complimented for its new computer and computer aided dispatching (CAD) systems. Community relations and outreach is a crucial area that needs specific improvement. Recent rumors throughout immigrant communities about federal immigration crackdowns were of urban legend proportions. The same can be said of the residents of West New York and their relationships with the local police department. Here, the police department has dramatically lacked through history. With the police department accused of various protection schemes for the past fifty years, community cooperation is non-existent. It doesnt exist for the residents who bear witness to crimes committed by those who are protected or their protectors. Where does the victim of the old D squad report his robbery? In a small community like West New York, word travels fast and if the police cannot be trusted or are not impartial, everyone knows it or at least perceives this. For different segments of our population such a perception may actually be their only reality. On May 1, 2006 federal authorities busted an international human trafficking ring that in part, based its operations from West New York.

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Local police did not participate in the raid and conceivably was not aware of its existence because of the lack of community dialogue and mutual respect. Improvements are long overdue and the residents of the town deserve a professional and efficient police department. The hard working, dedicated police officers working in the field need the support and resources they deserve to strive for this endeavor. External review such as this paper is useful in pointing out historical context and making changes which was the case when the duty Captain practice ceased following this inquiry. There is a wealth of recommendations that should be made and applied but are not incorporated in this review. Ultimately the necessary improvements and reforms need to be initiated from within the agency.

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Works Cited
1

New Jersey. State Commission on County and Municipal Government Modern forms of municipal government. Trenton: 1992 2 Fogelson, Robert M. Big-City Police. Cambridge: Harvard University Press, 1977. 3 Berman, Jay Stuart. Police Administration and Progressive Reform. Westport: Greenwood Press, 1987. 4 New Jersey. West New York Town Clerk minutes book. West New York: 19161920 5 Ibid. 6 Eickmann, Walter T. History of West New York New Jersey. West New York: The Golden Jubilee Committee, 1948. 7 Hong, Milton, Bribe offer laid to Jersey Police, New York Times 7 Jan. 1958, Special ed.: 22 8 4 Jersey Police Officials Indicted in Bribe Attempt, New York Times 4 Feb. 1958, Special ed.: 1+ 9 Ibid. 23 10 Police Found Lax in West New York, New York Times 8 Apr. 1958, Special ed.: 23 11 Sullivan, Ronald. Zicarelli Conviction Reversed by Court; Jury Selection Cited, New York Times 21 Nov. 1975, Special ed.: 89+ 12 Witness on Crime in Jersey is Dead, New York Times 9 Sep. 1971, Special ed.:40 13 Legaized numbers. The Jersey Journal 9 Nov. 1974, early ed.: A1+ 14 United States v. Richard Hess, et al. government exhibit J-AVO-5, p.8-9. 15 United States v. Richard Hess, et al. Testimony of Alexander V. Oriente, 24 Mar. 1999. 341 16 Neugass, Beth L. Pre-Sentence Investigation Report, United States v. Raymond Sancho. 28 Oct. 1999. 17 State of New Jersey, State Commission of Investigation The Changing Face of Organized Crime in New Jersey (Trenton, 1993) 78-79. 18 Tanti, Melody, Cops: $1M-A-Week, Jersey Journal [Jersey City] 4 Feb. 2000: A1. 19 United States v. Richard Hess, et al. government exhibit J-AVO-5, p.10. 20 United States v. Richard Hess, et al. government exhibit J-AVO-6, p.1. 21 State of New Jersey, Election Law Enforcement Commission, 1996. 22 Inter-local Agreement, County of Hudson and Town of West New York, 5 Feb. 2005. 23 General Agreement, Town of West New York and West New York Police Supervisors Association Inc. 1 July 2000. 24 Ibid. 25 Comp Book 2000-. 26 General Agreement, Town of West New York and West New York Policemens Benevolent Association, Local 361, Inc. 15 Dec. 2001.

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27 28

West New York Police Department Comp Book 2000-. Michael Kirk, dir., L.A.P.D. Blues, PBS 2001, 15 May 2001 <http://www.pbs.org/wgbh/pages/frontline/shows/lapd/scandal/>. 29 Berman, Jay Stuart. Police Administration and Progressive Reform. Westport: Greenwood Press, 1987.

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