Ruroede v. Borough of Hasbrouck Heights

70 A.3d 497, 214 N.J. 338, 36 I.E.R. Cas. (BNA) 133, 2013 WL 3284218, 2013 N.J. LEXIS 598
CourtSupreme Court of New Jersey
DecidedJuly 1, 2013
StatusPublished
Cited by38 cases

This text of 70 A.3d 497 (Ruroede v. Borough of Hasbrouck Heights) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ruroede v. Borough of Hasbrouck Heights, 70 A.3d 497, 214 N.J. 338, 36 I.E.R. Cas. (BNA) 133, 2013 WL 3284218, 2013 N.J. LEXIS 598 (N.J. 2013).

Opinion

PER CURIAM.

In this appeal, we consider the termination of a police officer’s employment in a non-civil service jurisdiction. The statutory framework governing the proceedings under review is set forth in N.J.S.A. 40A:14-147 to -151.

Plaintiff Kelly Ruroede, a police officer who was at the time on temporary sick leave, was suspended without pay and ultimately terminated from his employment based on numerous charges originally stemming from an off-duty verbal and physical altercation outside a restaurant and bar. Following a disciplinary hearing, a neutral hearing officer found that Ruroede’s employer, the Borough of Hasbrouck Heights (Borough), carried its evidentiary burden and that termination of Ruroede’s employment was appropriate. The Borough adopted that recommendation and terminated him.

Ruroede sought de novo review in the Law Division of the Superior Court. The Law Division declared that the disciplinary hearing deprived Ruroede of due process. Rather than producing live testimony from the complaining witness or any other witness to the altercation at the disciplinary hearing, the Borough had presented statements as part of an internal affairs investigation and testimony from the officer who prepared the internal investigation report. The court, concluding that was inadequate, vacated [344]*344Ruroede’s termination and remanded the matter for a new disciplinary proceeding. Further, the court placed Ruroede on inactive, paid status,1 pending a final disposition of the charges, and awarded him back pay. The Appellate Division affirmed the Law Division’s judgment.

The Borough’s petition primarily questions whether the Law Division acted properly in vacating Ruroede’s termination without making independent findings of fact or holding a hearing to supplement the record on the perceived deficiency in its de novo review of this disciplinary action. See N.J.S.A. 40A:14-150. The Borough also asks this Court to address whether the Law Division’s remedy — altering the suspension to one with pay and awarding back pay — was proper.

For the reasons expressed herein, we reverse the judgment under review. The Law Division erred by vacating the termination and ordering a remand. The Law Division’s actions were limited to affirming, reversing, or modifying the disciplinary conviction pursuant to N.J.S.A. 40A:14-150. In assessing those options, the court has the flexibility to permit supplementation of the record in its de novo review. Ibid. By ordering a remand, however, the Law Division exceeded the statutorily authorized dispositions in these de novo appeals. The statutory scheme is designed to bring police disciplinary actions to a swift, efficient, and final resolution. The Law Division’s remand thwarted those salutary goals.

Moreover, while the record in this matter may have benefited from the live testimony of the complaining witness or other eyewitnesses, we conclude that it did contain sufficient, competent evidence to support serious charges filed against Ruroede, and to warrant his termination. Accordingly, we further conclude that reinstatement of Ruroede to inactive status with an award of back pay was in error. Thus, the Appellate Division judgment, which [345]*345affirmed the Law Division’s judgment in all its respects, is reversed.

I.

We recite the background to the proceedings based on the entirety of the evidence adduced at the municipal disciplinary hearing.

A.

In October 2007, Ruroede, a police lieutenant with more than twenty-three years of service, was taken to the hospital after passing out. He was diagnosed with a seizure disorder. Dr. David Porter, the attending physician, notified the Hasbrouck Heights Police Department (Police Department) that Ruroede would be unable to work until further notice. As a result, the Police Department placed him on temporary sick leave.

After being released from the hospital, Ruroede left the state to live in Oklahoma with his wife; however, he failed to notify the Police Department of his departure. Unaware of Ruroede’s whereabouts, the Police Department made several unsuccessful attempts to contact him in November 2007. In January 2008, the Police Department learned, based on a follow-up letter sent by Dr. Porter, that Ruroede was undergoing additional neurological evaluations. On February 28, 2008, the Department learned, again from Dr. Porter, that Ruroede was completing physical therapy and would be able to return to work in one month.

On March 20, 2008, Ruroede contacted Deputy Chief Robert Kroneke and informed him that he would be unable to return to work due to significant stress. Several days later, on March 24, 2008, Ruroede changed course and informed Kroneke that he had decided to return to his position. Due to the conflicting messages, Kroneke asked Ruroede to provide medical documentation approving his return to service, but Ruroede refused and told Kroneke in that same conversation that he would not comply.

[346]*346Meanwhile, the previous evening of March 23, 2008, Ruroede was involved in an altercation at Blarney Station, a restaurant and bar in East Rutherford. According to Joseph Kelly, the establishment’s bartender, Ruroede was seen wearing a cowboy hat and drinking with two other unidentified men until approximately 1:30 a.m.

As he was leaving the bar, Ruroede passed by two men entering the bar, who were later identified as Captain George Egbert, an officer with the Rutherford Police Department, and Jun Rúales. At the time, Ruroede did not know either of the men, but as they passed each other, Egbert called out, “nice hat” to Ruroede, referencing the cowboy hat. Ruroede acknowledged the comment. Egbert then asked where Ruroede had purchased the hat. Rather than answering the question, Ruroede lifted up his shirt and displayed a police badge and a weapon. Egbert maintains that Ruroede had an automatic pistol in a holster.2 According to Ruroede’s testimony at the hearing, he was only carrying a knife.

Despite varying accounts of what transpired, Ruroede and Egbert ended up in a physical altercation and had to be separated. Ruroede, by all accounts a much larger man than Egbert, grabbed Egbert by the shirt, practically lifting him off the ground. Rúales tried to intervene, explaining that Egbert was a police officer. Despite Rúales’ efforts, Ruroede had to be restrained by another man at the scene.

Shortly after the dispute, Egbei’t contacted Ruroede’s police supervisors, as well as the Police Department of East Rutherford, where the incident occurred, to complain about Ruroede’s behav[347]*347ior. Egbert’s account was partially corroborated by Erik Simpson, a witness who confirmed that there was a physical altercation outside Blarney Station over the cowboy hat. Simpson also confirmed that Ruroede had to be restrained and that Ruroede continued to make threatening comments as he walked away.3

Ruroede was questioned about the altercation as part of an internal investigation by superior officers. According to Ruroede, Egbert was the aggressor in that he made derogatory comments about Stephanie Castiglione, Ruroede’s family friend who was at Blarney Station that evening. Ruroede initially admitted to lifting his shirt, displaying his police badge, carrying a knife, and physically fighting with Egbert.

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70 A.3d 497, 214 N.J. 338, 36 I.E.R. Cas. (BNA) 133, 2013 WL 3284218, 2013 N.J. LEXIS 598, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ruroede-v-borough-of-hasbrouck-heights-nj-2013.