Toms River mayor: I don't need council vote, I cut police captain jobs myself

TOMS RIVER - Mayor Daniel Rodrick said he has rescinded promotions in the township's police department, and has instructed police Chief Mitch Little to create "a new table of organization based on the current staffing level of one captain and one deputy chief."

The mayor said that his action eliminates the need for the police department's staffing to be addressed by the Township Council's adoption of a controversial ordinance, although he said the council may still choose to vote on it anyway.

The second reading and public hearing on the ordinance are scheduled for a special council meeting to be held at 2 p.m. Feb. 14 in town hall, 33 Washington St. The early time of the meeting is because "it's Valentine's Day," the mayor said.

"We were initially advised that the township needed to amend the police staffing ordinance to limit the number of captains, but it turns out we received bad advice," Rodrick said. "The township code simply sates that the department is 'limited to' three captains. One of those captains just retired and the other will be retiring in June." He said he has received legal advice indicating an ordinance is not necessary.

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The elimination of the two captains' jobs will help the township save about $700,000 in salaries, pension payments and health benefits, money that will be used to hire eight new emergency medical technicians. Rodrick again reiterated the need for more EMTs, saying that some residents have waited up to half an hour for an ambulance.

Hiring the new EMTs will help first aid responders on the road 365 days a year, 24 hours a day, Rodrick said.

"Chief Little hastily granted interim promotions without seeking approval from the administration, but in our form of government, it is the mayor and town administrator who ultimately makes those promotions permanent," Rodrick said in an emailed statement. "On February 3rd, my administration rescinded Chief’s Little’s interim promotions and instructed him to create a new table of organization based on the current staffing level of 1 captain and 1 deputy chief."

The police staffing measure, which would reduce the number of captains from three to one, was introduced by the council Jan. 18, and was scheduled for a public hearing Jan. 31, at a meeting that was moved to Zoom. But the Zoom meeting suffered from technical glitches and a 500-person limit that at one point kept Councilman George Lobman from logging in.

It was abruptly ended after a male attendee began making antisemitic comments. In addition to those participating in the Zoom meeting, more than 700 people were watching the meeting on the township's YouTube channel at the time when it ended.

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Two demonstrations against the ordinance were held last week, and a petition drive aimed at either repealing the measure if it is adopted, or placing it on the ballot as a referendum question, is ongoing in town. Petitioners hope to collect 5,000 signatures. More than 80 people attended the first demonstration, and well over 100 went to the second one, held right before the township council meeting.

Little last week said the captains' positions are necessary to help supervise the 335 police department employees, including 114 patrol officers, special police officers and civilian workers.

There are 162 uniformed officers, the same number as 20 years ago, but calls have risen from 43,885 to 65,000 annually, and the township's population has grown from a bit over 89,000 in 2000 to about 98,000 last year, according to the U.S. Census Bureau.

A 2021 township efficiency study described the police department as "lean and efficient," and made no recommendation to cut positions, Little said. The chief urged the mayor to look for other ways to pay for the new EMTs, who will work for the police department as community service officers.

He said the department has applied for a state grant to enter into a shared services agreement with another town to defray some of the cost.

"This is only one possibility," he said. "We are open to exploring others, but there is no rush to require hasty decisions that will have far-reaching implications."

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In a letter sent to Chief Little on Feb. 3, Rodrick and Business Administrator Jonathan Salonis informed the chief, "Please be advised that, pursuant to Township Code section 50-2, that your promotion of employees in your department to provisional/acting positions is terminated as of today's date.

"The individual employees impacted will also be noticed individually and shall receive the appropriate compensation pursuant to the collective bargaining agreement," the letter continued. "Also be advised that going forward any duties for employees out on leave or unfilled positions are to be filled by employees of the same, or higher rank than that held by the employee that retires or is out on leave. You may also re-designate those duties as duties of lower ranking officers as you see fit."

According to section 50-2 of the township code, "All appointments by the Township and promotions shall be for a probationary period of one year after graduation from the police academy, or one year after date of hire if appointment was made after graduation from police academy, after which the appointment or promotion shall be made permanent by the Township, by resolution, upon the recommendation of the Chief of Police. The Township, after considering the recommendation of the Chief of Police, may, in its absolute discretion, terminate the employment of any probationary appointee without cause or refuse to make a permanent promotion at any time during said one-year period."

Little could not be reached for comment Tuesday.

The letter Rodrick and Salonis sent to him can be read below this story.

Rodrick again blamed members of the Fraternal Order of Police, which represents police management, and "the remnants of Mo Hill's new Republican club" for banding together to fight the staffing ordinance, referring to the former mayor whom Rodrick beat in the Republican primary last year.

Toms River's Policemen's Benevolent Association has also publicly opposed the ordinance, and has urged residents to sign the petition to challenge the measure.

"I will not allow a small group of special interests to endanger the welfare of our entire town," Rodrick said. "This is a life-or-death matter and I won’t be deterred. With or without a new ordinance, we WILL NOT be backfilling those captains positions. I will not put desk job promotions ahead of public safety."

Letter to Toms River Police Chief Mitch Little by Dennis Carmody on Scribd

Jean Mikle covers Toms River and several other Ocean County towns, and writes about issues related to Superstorm Sandy. 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: Toms River NJ mayor cuts police jobs, says no need for council vote