This past Monday, Sept. 25, Chief Everett was in Hudson County Superior Court for a hearing before Judge Maurice Gallipoli, questioning new rules and regulations implemented by Stack regarding the Police Department.
It was those rules that got Everett into hot water with Stack this summer, as Everett had hesitated on implementing the new rules, believing they hindered him from running the department. Stack decided to bring Everett up on departmental charges.
However, Stack and Everett had been at odds long before that.
Now, there will be more hearings related to the charges and regulations in October and December.
Began in April
Stack and Everett's public battle actually goes back to April. Everett said that Stack had quietly asked him to resign. Stack said that this wasn't true, and that it was actually Everett who wanted to resign and get a certain pay package. Stack said that when Everett was turned down for the payout he wanted, he decided not to resign.
"There is an ongoing turf war with the chief of police and [with] Deputy Chief Joseph Blaettler," Stack told the Reporter last April.
Blaettler is still deputy chief, but he was also involved in the power struggle.
Agreement to proceed
On Monday, Everett's attorney, Tim Smith, and Stack's attorneys Gerald Dorf and Christopher Vas, met in Gallipoli's chambers to discuss an agreement regarding the legality of the rules and regulations implemented by Stack.
One of the rules that Everett is protesting is a rule barring him from entering the police station headquarters when he is on vacation or on sick leave.
"The chief of police is an officer 24 hours a day, and if he observes a crime [while off-duty] he is expected to act," Smith said. "If something happens and the chief is out of the office, the chief is expected to come in and deal with it."
The regulations also put Everett under a "gag order" meaning he can't talk to the media.
Two weeks ago, Smith explained, "[Stack] set down rules and he wants the chief to implement, which the chief refused. And we are retaining a position that they were illegal and should not be implemented."
Since some of the disciplinary charges against Everett were based on the amended regulations, Smith also was seeking for his upcoming disciplinary hearings - set for Oct. 24 and Oct. 25 - to be postponed pending the court's ruling.
However, both parties agreed Monday to move ahead with the disciplinary hearings in October only on certain charges not related to the new regulations. The remaining charges will be postponed pending a Superior Court ruling Dec. 14 on the new regulations.
"Certain charges will be held in abeyance until this court rules," said Gerald Dorf.
As per the agreement between both parties, Everett will not be suspended or demoted before the disciplinary hearings, except in the event that the Hudson County Prosecutor or other prosecutorial agency criminally charges or indicts him.
Disciplinary hearings will commence in October, and at the moment are closed to the public. However, according to Smith, Everett may be back in court on the matter fairly soon, to push for the open meetings. Both parties are expected to file briefs with the court for the Dec. 14 hearing by Nov. 3.
Post a Comment