Lavallette Police Regains Control Of Department

  LAVALLETTE – The Ocean County Prosecutor’s Office had run the Lavallette Police Department for 10 months but they have now turned it over to Chief Christian LaCicero.

  When the county took it over, there was little information released. Personnel and sensitive matters like that are generally not for public consumption. Now that the department is back under local control, the Prosecutor’s Office detailed the issues in a 23-page statement. Some of problems required simple paperwork fixes. Some were deeper, including officers who weren’t given thorough background checks or fitness tests, two officers who failed the psychiatric test, the radios being down so cops would call each other on cell phones, and “meddling” from the governing body.

  However, leaders of the police and the borough said that what the Prosecutor called “meddling” was actually advocating for their town in the face of governmental overreach.

  The Prosecutor’s Office gave an overview of what deficiencies Lavallette had and how the county corrected them.

1. The governing body appointed LaCicero as chief on October 31, 2022 with no formal police chief training. The Prosecutor’s Office set up training with the New Jersey State Association of Chiefs of Police.
2. The governing body appointed Sgt. Michael Monica as the Lavallette internal affairs officer without training. The Prosecutor’s Office provided training for him, Sgt. Frank White and Chief LaCicero under the Attorney General’s Office Course for Internal Affairs Investigators.
3. Information and messaging systems were not updated or being used to full potential. “The system had not been fully utilized and the dissemination of numerous Standard Operating Procedures had not occurred.” Now, staff are trained and the system is updated.
4. Regarding radio communications failures, there was a defective antenna and a battery back-up system failure. These were replaced. “The officers had been using personal cell phones for communication; this practice has been stopped.”
5. Officers should update their shared database with information about locations or individuals so that a future officer knows what kind of situation they are getting into when arriving. This is to keep everyone safe. This was not being done consistently but it will be now.
6. All of the paperwork forms such as Miranda Warnings, Evidence Receipts, Victim and Defendant Statement Forms were updated to “ensure proper content, uniformity and consistency.”
7. Four of the 13 total police officers didn’t have a thorough background check. This has been completed.
8. “The department lacked consistency in obtaining psychological assessments for all police personnel. Two officers were disqualified from continued employment or entrance to the Police Academy based upon a negative Fit for Duty Evaluation.”
9. Implemented a Field Training Officer Program that is now mandatory; each newly hired law enforcement officer must go through the program and shadow and work with an experienced officer.
10. Police officers weren’t always wearing bullet proof vests. Now, they will be required to.
11. Two officers minimum will now be assigned per shift. It is unclear what the standard was before.
12. A community policing plan was implemented where officers should walk the business sections of the borough when they have time to introduce themselves and meet the public on good terms instead of when it’s an emergency.
13. A bi-annual employee evaluation policy was started.
14. The Evidence Room was audited; instituted a plan to document and deposit money in a bank account operated by the Chief Financial Officer pending return to owners. The monies had been commingled with evidence.
15. A plan was implemented to coordinate police and Citizen Emergency Response Team for large gatherings.
16. Radar units were not in the patrol vehicles and officers were not certified or not current on their certification. Now radar units were installed and personnel were certified.
17. A patrol vehicle checklist created for safety and equipment.
18. They changed pepper spray from oil-based to water-based. That’s because if a Taser is used, it could cause a fire with an oil-based spray. Lavallette doesn’t use tasers but neighboring departments do.
19. Got keys/fobs for the Lavallette Elementary School in case of an emergency or active shooter.
20. Increased police presence at school and provided periodic security checks to make sure doors are secured.
21. Upgraded/added a panic button on an exterior sally port; audio recording in that area; and the door interlock system.
22. Cured deficiencies of the NJ Juvenile Justice Commission inspection regarding the detention of juvenile offenders.
23. Updated the website to include “Promoting Diversity in Law Enforcement Recruiting and Hiring” which is required by the state.
24. Created a Lavallette Police Facebook page.
25. Privacy film was added to dispatch and records room glass dividers to prevent the public from taking photos or videos of police records and other sensitive materials.

  The Prosecutor’s Office also shared orders that were handed down and when they were issued. For example, residents were calling police officers directly to request enforcement rather than going through the appropriate means. There was an order that stopped that.

  Officers were not necessarily updating the new shift coming in about what happened during their shift. A plan was put into place to maintain consistency and share intelligence.

  There are still goals to be met. One of which is to create an executive command staff to give the chief time to be proactive and get more done.

  They currently have no detective. The Prosecutor’s Office said there should be at least one officer assigned to conduct investigations.

  Officers should be trained and equipped with Tasers, they said. Patrol vehicles should have a long gun mounted and locked in the front passenger side.

  This began on December 16, 2021, the Ocean County Prosecutor’s Office Professional Standards Unit assumed command of Lavallette’s internal affairs functions after an audit of their records. From May 19, 2022 through March 24, 2023, the Prosecutor’s Office assumed full command and control of the department based on the terminal leave of then-Chief Colin Grant. Anthony Carrington, the Prosecutor’s Office Chief of Detectives, was installed as officer in charge. Carrington and Joseph Mitchell, who had retired as Chief of Detectives, handled the day-to-day operations of the borough’s police force for almost a year.

  “I am proud of the work we have done to assist the Lavallette Police Department. The police officers – the men and women that wear the uniform in Lavallette – have been very receptive to our implementation of formal procedures, practices and policies. I’m optimistic that Chief LaCicero will lead these men and women effectively moving forward,” Ocean County Prosecutor Bradley Billhimer said.

  He thanked Carrington and Mitchell as well as Lt. Brian Haggerty and Chief Assistant Prosecutor – Professional Standards Unit, William Scharfenberg for their help.

  “At this point in time, Chief LaCicero has completed chief’s training with the New Jersey Association of Chiefs of Police, internal affairs training by the Ocean County’s Prosecutor’s Office, and has benefitted from the leadership provided by this office – specifically Chief Carrington, Chief Mitchell, and Lt. Haggerty for the past ten months. He is ready to lead the Lavallette Police Department,” he said.

Lack Of Accreditation

  Many local departments go through an exhaustive accreditation process updating policies or proving those policies follow the best practices of police departments. The review is administered by NJ State Association of Chiefs of Police. These best practices make sure everything is being followed to the letter and that the agency is efficient. It also reduces risk and liability exposure.

  “While the borough has indicated that it is unable to afford the cost associated with getting the Lavallette Police Department accredited…it is my hope that they will, in time, be able to join the 26 other law enforcement agencies in Ocean County that are already accredited,” Billhimer said.

Political Meddling

  The report indicated a “Meddlesome pattern of behavior by the governing body, current business administrator and current township attorney into the daily operations of the police function(s) of the Department, and continuous attempts to interfere with OCPO’s implementation of plans/directives/policies designed to meet current police standards.”

  While the politicians running the town were referred to as meddling in the department’s affairs, the Prosecutor’s Office reported that the school superintendent took them up on offers to conduct presentations on topics like internet safety and bullying. Also, other first responders in town, department heads, and neighboring police departments were eager to cooperate, including the public works and beach patrol.

Defending The Town

  The borough’s police chief and mayor said that the Prosecutor’s Office has painted the department in a bad light.

  “I’ve personally done everything that was asked of us,” Chief Christian LaCicero said. “I had a good working relationship with Mitchell and Haggerty. We made the best of a bad situation.”

  However, he said he was puzzled by the Prosecutor’s statement. They had a positive conversation before the statement went out. He wondered why it went to the public before it went to the town.

  Addressing his promotion, which the county said was without official training, he said that by state statute the town has to have a chief. And by Civil Service regulations, the best candidate gets the position. He and Sgt. Justin Lamb both applied for the position and LaCicero said either of them were qualified.

  Lamb is a councilman in Toms River. His father Robert Lamb is a councilman in Lavallette. Justin Lamb declined comment for this article.

  While his father is the mayor, Chief LaCicero said that he stays out of issues.

  LaCicero said he doesn’t agree with the way the department has been characterized. He also feels that he was penalized for the actions of previous leadership. He was made chief in May of 2022, but he wasn’t fully allowed to take his department back until March of 2023. “Why was it held against me?”

  Mayor Walter LaCicero said that he’s happy that the Prosecutor’s work is done in the borough but is concerned that the questions raised by their lawsuit won’t be answered.

  The suit by Lavallette alleged that the Prosecutor’s Office exceeded their authority.

  “They instructed us not to (assign) a chief even though the borough code and Civil Service said we have to,” he said.

  He said that the Prosecutor’s Office wasn’t forthcoming in working with the governing body and officials. They’d ask “What are the problems you see? What are the proposed solutions?” and they would hear “We don’t have to tell you anything.”

  Regarding any accusations of “meddling,” the mayor said that as elected officials, they should be advocating for the police. Residents expect them to know what is going on in their police department and to stand up for them. Additionally, they should be directing their business administrator and attorney to protect residents’ interests and the interests of the police officers.

  The mayor is an attorney and was a police officer for 25 years. He said he spoke to two chiefs in other departments and their question was “Can they come in and take me over too?”