Lavallette wants control of its police force back, sues Ocean County prosecutor

LAVALLETTE - The borough has sued the Ocean County Prosecutor's Office, claiming the prosecutor's continued control over the Lavallette police department violates state law.

The lawsuit, filed last week in Mercer County Superior Court, notes Ocean County Prosecutor Bradley D. Billhimer and members of his staff have continued to run the borough's police department even after Lavallette council members appointed Christian LaCicero chief of the 11-member force on Oct. 31, 2022.

Lavallette is seeking a judge's order allowing the chief to resume control of the department, but the lawsuit asks that the prosecutor's office continue to run the police internal affairs office "until such time as the Chief of Police and the appropriate authority determine that it is appropriate" for the borough to take charge of internal affairs again.

Billhimer declined to comment on the lawsuit, saying he cannot discuss pending litigation.

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The prosecutor's office took over the day-to-day operations of the Lavallette police department in mid-May 2022, to ensure the "appropriate level of direction and supervision" for the 11-member force, Billhimer said at the time.

When the prosecutor's office took control of the police department last spring, Billhimer said the takeover was necessary as the retirement of Chief Colin Grant neared. Grant’s retirement became official at the end of the year, but his last day on the job before taking off time that he accumulated was May 29, the prosecutor said.

Billhimer said in May that Grant's pending departure "leaves the department without the appropriate level of direction and supervision. I wanted to have overlap while he’s still there to familiarize ourselves with the day-to-day operations." Billhimer has not elaborated further.

But in an Oct. 6 letter he sent to Borough Administrator John O. Bennett III, Billhimer said his office is "working to rehabilitate an agency that for all intents and purposes has been mismanaged for years. Law enforcement candidates and employees have been poorly screened, poorly trained, poorly managed and ill equipped to perform necessary and legitimate law enforcement functions."

Billhimer's letter was sent in response to a request by Bennett for a transition plan and timeline for the prosecutor's office to leave Lavallette and was included in exhibits attached to Lavallette's lawsuit.

'They have reported nothing to us'

"They came in here 10 months ago and took over operations," Lavallette Mayor Water LaCicero said. "They have reported nothing to us. They have taken no action whatsoever. They are sitting here and somewhat obstructing our own operation of the police department."

The police chief, Christian LaCicero, 38, is the mayor's son; the mayor is a former Lavallette officer. Before he was appointed chief in the fall, Christian LaCicero was one of two sergeants vying for the chief's position. The other candidate, Justin Lamb, is a Toms River councilman and son of Robert Lamb, who is a councilman in Lavallette.

Robert Lamb abstained on the chief's vote because his son was one of the candidates. In the borough's form of government, the mayor does not vote on council matters, unless there is a tie.

Prosecutor's office employees have "commandeered office space" in Lavallette's municipal building, working in an area set aside for the chief, the suit contends, and thus "prohibiting the duly-appointed chief from occupying the office the governing body has set aside" for him.

The prosecutor's office has "has not entered into a lease with the Borough of Lavallette for the use and occupancy of the municipal building," and has not paid any rent to the borough, the lawsuit states, and asks a judge to "terminate" their use of the building.

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The lawsuit cites New Jersey statutes that delegate day-to-day control of a police department to the chief, in municipalities where a chief is the head of the department. The prosecutor's office has not responded to requests by the borough for monthly written reports on police operations, the suit claims.

"The Ocean County Prosecutor’s Office’s continued command and control and exceeds the statutory authority and moreover the Ocean County Prosecutor’s Office has failed to provide any additional documentation or information to justify their continued involvement," the lawsuit states.

In a letter sent to Administrator Bennett shortly before Christian LaCicero was appointed chief, Billhimer said the prosecutor's office "will continue to maintain full command and control of the Lavallette Police Department until such time as the Lavallette Police Department meets the standard of applicable OAG (Office of the Attorney General) directives, OCPO directives and is fully accredited."

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Told not to appoint a new chief

The prosecutor's office had advised Lavallette not to appoint a chief, with Billhimer noting that "appointment of a police chief while we are in full command and control of the Lavallette Police Department will do little to bolster the credibility of the department. As you are aware, should the Mayor and Council disregard our recommendation with regard to the untimely appointment of a chief, the newly appointed chief will be required to report to the Officer in Charge as appointed by this office."

Billhimer appointed Anthony Carrington Jr., chief of detectives for the prosecutor’s office, as the officer in charge of the police department. The prosecutor also rehired Joseph Mitchell, who retired in 2021 as the prosecutor’s chief of detectives, to handle the day-to-day operations of the department.

Chief LaCicero reports to the Mitchell and Carrington about the department's day-to-day operations, the mayor has said.

Chief Grant had appointed Christian LaCicero as "officer in charge" of the department before he left on leave in late May, the lawsuit states. LaCicero has also received "mentoring" from prosecutor's office staff since his appointment as chief, according to the suit.

In addition the borough, those suing the prosecutor's office include Chief LaCicero, the police department, Administrator Bennett and Councilwoman Joanne Fillippone, liaison to public safety. Defendents include Ocean County Commissioners Gary Quinn and Jack Kelly, county public safety liaisons.

Jean Mikle covers Toms River and several other Ocean County towns, and has been writing about local government and politics at the Jersey Shore for nearly 38 years. She's also passionate about the Shore's storied music scene. Contact her: @jeanmikle,  jmikle@gannettnj.com

This article originally appeared on Asbury Park Press: Lavallette NJ sues to take back control of police force