the three-day hearing to bring this case to a final decision after
39 months.
During this ordeal, Marchione’s family had been threatened
and he lost his job. And he has had to endure eight different
fit-for-duty evaluations by eight different doctors. Yes, eight.
The question of whether eight is enough was expected to be
answered by Oct. 15.
Here is what was being argued at the hearing: It all began
when Marchione was confronted by a deputy fire chief in Hightstown over a relationship that took place several years ago. The
department disciplined Marchione, suspended him with pay
and ordered a fit-for-duty evaluation.
The first evaluation found him fit, but Gray explained that
a Hightstown lieutenant and the police director compelled
that doctor to withdraw the report because, “They didn’t like
the rules,” he said. The town ordered a second evaluation, and
the second doctor, who handles these for the Middlesex County Prosecutor’s Office, not only declared Marchione fit for duty
but also declared him fit to carry a firearm. The town tried to
get that doctor to withdraw his report, but he maintained his
finding.
That came in March of 2014, and for the next nine months
the town took no action. What was happening to Marchione at
that time became widely known.
“Somebody’s personal agenda was being allowed to play out
in a political arena,” related Lynne Woods, a former Hightstown
City Council member who came out with the PBA to support
Marchione. “It’s been basically a total injustice, and I’m here to
support Frank fighting against the corruption of power and the
people who allowed this to happen.”
Gray filed suit at the end of 2014 to get Marchione back on
duty, and he was sent to another six evaluations, including one
by Dr. Jennifer Kelley of Haddonfield who provides fit-for-duty assessments for more than 100 law enforcement agencies in
the state. But because Gray had hired Dr. Kelley and not Hightstown, the town wouldn’t accept her evaluation.
The case eventually went to the Institute for Forensic Psychology, which is known for finding for management, and because its doctors would not consent to have the interview recorded on video, Gray objected. The town finally found a doctor
in Flourtown, Pennsylvania to finally declare Marchione unfit.
“We’re 6-and-2 in fitness for duty evaluations,” Gray asserted.
“I used that in my closing arguments.”
Gray added that the tipping point in the case could have been
Marchione’s testimony. Prior to taking the stand, he expressed
his perspective on what is at stake, not just personally but for all
law enforcement officers.
“All my department did was come after me, so the reason I
am fighting this along with the PBA is because when an officer
asks for help and receives that help and does everything that
help requires him to do and they still fire him anyway, that can’t
happen,” he pledged. “It can’t happen.”
And the PBA was determined to do everything possible
to make sure more didn’t happen to Marchione or any other
member. The power of the PBA Legal Protection Plan certainly
made its presence felt for Marchione, and members showing
up in Trenton made an additional statement.
“Hightstown shopped eight times for the right answer and
that’s just not the way you run a department,” President Colligan charged. “There’s a need for fitness-for-duty evaluations.
One, possibly two. But this is ridiculous.” d
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