Making a reinstatement Local 283 member Frank Marchione finally back on the job after prevailing in long court battle n BY MITCHELL KRUGEL
The landmark moment Hightstown officer Frank Marchione had been anticipating, hoping for and praying for finally seems imminent. The Local 283 member will make his way to a PBA state meeting and, when the good-and-welfare portion comes, step up to the microphone and confirm:“ Thanks to you my sisters and brothers, I’ m back.” Or something to that effect. After nearly four years of being out of work and battling a wrongful termination and allegations of official misconduct from his department, Marchione excavated an even more landmark moment on May 9 when Mercer County Superior Court Judge Mary Jacobson ordered his termination based on unfitness for duty reversed.
State PBA President Pat Colligan called the decision a statement to departments shopping for termination of officers. And the courts confirmed that a township, municipality, borough or other jurisdiction must have a preponderance of evidence and reasonable, qualified expert assessment or testimony to make a legitimate case, rather than a witch hunt.
“ Frank got his fair and impartial hearing, and the ruling affirmed that our process to aggressively fight fitness for duty cases continues to work,” asserted Christopher Gray, the attorney from Sciarra & Catrambone who represented Marchione.“ It’ s nice that the system actually worked. Her Honor, one of the most respected trial courts in the state, believed the doctors we produced were more credible than the doctors the township hired. In addition, Frank’ s decorated employment history, clearly showed the Court that he should be reinstated and will be successful.”
After the court ordered immediate reinstatement and back pay, the Mercer County Prosecutor’ s Office attempted to block Marchione’ s reinstatement by refusing authorization for him to carry a firearm, and insisting he lied during the course of his fitness-for-duty evaluations. Marchione then filed a lawsuit against the Mercer County Prosecutor’ s Office.
Judge Jacobson ordered the prosecutor’ s office to abide by the order for reinstatement. The court offered the Mercer County Prosecutor’ s Office a chance to provide any proof Marchione lied. When pressed for evidence, the Mercer County Prosecutor’ s Office withdrew the allegations of lying.
Hightstown then filed an appeal of the reinstatement order, but Gray and the PBA went on the offensive. Instead of waiting for the appellate division, Sciarra and Catrambone filed a civil lawsuit on Aug. 10 against Hightstown charging discrimination. Facing exhaustive litigation, the town negotiated a settlement agreement providing Marchione with immediate reinstatement, full back pay, counsel fees and other economic damages. On Sept. 15, he received his first paycheck since his termination.
“ He texted me at 6:13 a. m. to let me know he got that check,” Gray confirmed.“ He added an emoji with a smiley face.”
Colligan also might second that emoji. As part of the PBA’ s continuing support, he accompanied Gray to the Hightstown council meeting, where he made a significant promise.
“ At that meeting, Pat told them he was going to come back and say,‘ I told you so after you pay Frank a lot of money,’” Gray disclosed.“ Pat made it clear that Frank had the backing of the State PBA and all its resources. He was not going to be beat in a resource
Frank Marchione( center) gets support from PBA members, including PBA President Pat Colligan( third from left) prior to testifying in his termination appeal case in Mercer County Superior Court on Sept. 27.
fight. That’ s pretty powerful.”
Back in September 2016, Gray confirmed that he had never seen a case like this one, and certainly not a fit-for-duty case. The ordeal began on June 14, 2013, and the appeal had been prolonged because, according to Gray, Hightstown went shopping for a conclusion – rather than doing an investigation – and sent Marchione to seven different doctors for fit-for-duty evaluations.( If you’ re scoring at home, the final tally was a 5-to-2 ruling that Marchione was fit.)
In the process, Marchione’ s family had been threatened and he lost his job. 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.
Following the first two evaluations, Gray filed suit at the end of 2014 to get Marchione back on duty, and he was sent to another five evaluations. Gray added that the tipping point in the case was 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.
In additional to reinstating Marchione, the settlement agreement also ordered:
• The Borough of Hightstown shall reinstate Marchione with back pay, which shall be calculated based on the number of weeks from August 2013 to the date of reinstatement for which Officer Marchione was not paid his salary as a police officer for the Borough of Hightstown. That amounted to $ 220,000.
• Marchione was awarded an additional $ 150,000 in damages to resolve the civil suit..
• Hightstown was also ordered to pay all legal fees of more than $ 150,000, some of which will be used to fully reimburse the State PBA’ s Legal Protection Plan.
“ It’ s funny because about two years ago, Chris told me when we win this thing that I would have to take him out for a steak dinner,” Marchione related.“ When he called me, he said,‘ I’ m calling you for my steak dinner.’ I was like,‘ what?’ He said,‘ I want a big fat juicy steak.’ I’ m like,‘ it’ s really over.’ I broke down and started crying.”
Marchione immediately called his wife, Bree, and she started crying. Bree was in her car with their three kids, and Frank’ s oldest called back to ask,“ Daddy, is it really over?”
42 NEW JERSEY COPS ■ SEPTEMBER 2017