Ridgefield must reinstate fired cop and pay him over $500,000, court rules

Ridgefield must reinstate a fired police officer and give him over half a million dollars in 3½ years of back pay, attorneys' fees and pension contributions, under an order by the Superior Court of New Jersey.

Daniel Fugnitti was fired in January 2022 on three disciplinary violations: conduct not in accord with high ethical standards, withholding information concerning expected criminal activity and engaging in prohibited activity on duty.

Fugnitti was accused by a woman of sexually assaulting her, and she said he paid her $2,000 not to report it. Fugnitti met the woman when he responded to a service call at the hotel where she was staying. He responded to the same hotel a few days later for a medical call involving the same woman.

Fugnitti was never charged with a crime.

North Jersey: Passaic Sheriff’s Office bought $10M in security items from firm targeted by FBI

According to the order, filed Jan. 29, the Bergen County Prosecutor's Office found that the sexual relations between the woman and Fugnitti were consensual and that "the extortion could be equally construed as go-away money in light of the fact that [the woman] 'reported' Office Fugnitti prior to his payment of money."

"Officer Fugnitti is, of course, relieved that the court has deemed his termination as illegal and unjustified, and he is anxious to return to work forthwith," said Patrick Toscano, Fugnitti's attorney.

Ray Ramirez, the borough administrator for Ridgefield, said the borough had no comment on the court's decision.

Fugnitti denied sexually assaulting the woman, and during the investigation he told the Prosecutor's Office that he had sent a text message about bedbugs to the woman and agreed to stop by after his shift finished, at her invitation.

He told investigators the woman wasn't there, so he waited but she never arrived. He said he parked in front of a restaurant adjacent to the hotel and saw the woman speaking with the manager but didn't get out of his car or enter the woman's room.

Fugnitti said the woman invited him back to her room a second time, three days later, and he admitted they began kissing and removing each other's clothing.

He said they exchanged oral sex but they did not have penetrative sex and instead watched TV and talked.

Fugnitti said that several days later, he received a text message saying: "You have been reported."

He said he called the woman back the next day and asked what she meant, and she told him she had reported he raped her. After several phone calls between the two, Fugnitti said she told him she needed to get to Florida and that if he gave her $2,000, she would go there, drop the charge and never speak to him again.

According to Fugnitti, he dropped off the money based on her instructions. He said he had another phone conversation with her after she retrieved the money in which she said she had changed her mind and was still going to report him.

Passaic County: Will NJ Supreme Court intervene in Paterson councilman's election fraud case?

"Officer Fugnitti stated he did not report [the woman's] request for money because he was worried about his family and being embarrassed," the order said.

He said he didn't tell the Police Department, either.

A judge ruled that the testimony of Chief Thomas Gallagher during Fugnitti's disciplinary hearing did not outweigh a "meticulous" investigation by the Bergen County Prosecutor's Office.

According to the order, Gallagher said Fugnitti should have reported the extortion and that if he had "properly" reported the accusation of sexual assault and the money request, "he could have been exonerated."

Bergen County Alpine Country Club faces new discrimination lawsuit by former employee

The chief said he believed that the failure to report either aspect warranted a higher penalty and that Fugnitti violated rules and regulations, which warranted firing.

The detective with the Prosecutor's Office who investigated the claims against Fugnitti testified during his disciplinary hearings that Fugnitti violated three rules within the borough's police rules and regulations.

Prosecutor Mark Musella determined that no crime was committed and recommended that Fugnitti be suspended 90 days. The investigation also determined that the money Fugnitti paid to the woman was to avoid embarrassment and because she said she needed to go to Florida.

NJ news Passaic County mourns 'beloved sheriff' Richard Berdnik at funeral Mass

Fugnitti filed a lawsuit against the borough in February 2022, after his firing.

The suit filed by Fugnitti called the hearing and decision by the borough a "sham" and "almost laughable." It said the hearing officer wasn't "listening to much/most" of the sworn testimony and was looking around.

According to the lawsuit, the hearing officer, in going against the recommendation by the prosecutor, "never offered any valid justification as to why the imposition of a lesser discipline was insufficient."

The court found that the hearing officer's decision didn't address the extortion that happened after the woman reported the alleged rape; the prosecutor's investigation report gave no indication that officials tried to find the woman, who was determined to be a danger to herself; the testimony of a detective who said Fugnitti was "forthcoming" and "credible" was omitted; and the hearing officer ignored Musella's recommendation.

"Why Ridgefield terminated him in the first instance, completely disregarding Bergen County Prosecutor Mark Musella’s recommendation, remains both quizzical and bemusing," said Toscano, the lawyer for Fugnitti.

The court decision noted that if police officers were fired for conduct "consisting of essentially extramarital affairs," the "policy" should be codified and applied across the board so all police officers would know that extramarital affairs "will be viewed as career-ending."

This article originally appeared on NorthJersey.com: Ridgefield NJ must reinstate fired cop and pay $500K, court rules