HUD-L-004693-18 11/26/2018 5:Trans ID: LCV20182044510 SCIARRA CATRAMBONE, LLC Charles J. Sciarra, Esq. (Attorney Id. No.: 011371996) 1130 Clifton Avenue Clifton, NJ 07013 (973) 242-2442 (973) 242-3118 Attom eyfor Plaintiff Michael Neill SUPERIOR COURT OF NEW JERSEY Michael O'Neill, LAW DIVISION - HUDSON COUNTY Petitioner V. CIVIL ACTION JERSEY CITY DOCKET NO.: HUD-L- COMPLAINT IN LIEU OF PREROGATIVE WRIT Defendant. Plaintiff Michael O?Neill (?O?Neill?) who brings this matter pursuant to 40Azl4?155 as means of obtaining reimbursement of his legal expenses in defense of criminal charges which were dismissed and ?nally determined in the favor of the Plaintiff and 40A: 14-1472 seeking back pay and restoration of all contractual bene?ts accrued. The criminal charges emanated from his employer Jersey City and the Jersey City Police Department, located in the County of Hudson, State of New Jersey, wherein O?Neill alleges and says as follows: 1. HUD-L-004693-18 11/26/2018 5:Trans ID: LCV20182044510 10. JURISDICTION Jurisdiction is properly laid in this Court in that Jersey City is subject to personal jurisdiction in the State of New Jersey, the events giving rise to the Complaint occurred within the County of Hudson. Plaintiff brings this action under N.J.S.A. 40A: 14-155 and for the reimbursement of the expenses of his defense of criminal charges which were dismissed and ?nally determined in the favor of the Plaintiff, for back pay and retroactive award of all contractual bene?ts, and for retroactive pension credits. STATEMENT OF FACTS O?Neill is employed as a Police Of?cer by the Defendant. O?Neill was indicted by a grand jury June 14, 2016 and suspended from his employment without pay. The indictment alleged that O'Neill was paid and failed to show up for work on a special New Jersey Department of Transportation Detail on June 3, 2014 and June 6, 2014. After a trial, the Honorable Mirtha Ospina, J.S.C. granted O'Neill?s motion for acquittal on October 12, 2018. An written order-was issued by Judge Ospina on October 17, 2018 entering the order. On October 19, 2018, undersigned counsel for O'Neill, sent a demand to the Jersey City Clerk demanding reinstatement, full back pay and bene?ts, and for attorneys fees. A Judgement of Acquittal was entered October 26, 2018. Effective October 24, 2018, Police Chief Michael J. Kelly, ordered O?Neill be returned to pay and full police duty. 11. 12. 13. 14. 15. HUD-L-004693-18 11/26/2018 5:01 :07 PM Pg 3 017 Trans ID: LCV20182044510 On October 31, 2018, counsel for Defendant, Scott Carbone, responded to the demand for reinstatement, full back pay and bene?ts, and for attorneys fees. Defendant requested in the October 31, 2018 letter, documentation for any back pay mitigation which was provided by letter from the undersigned November 2, 2018. Defendant also asked for more time to consider the counsel fee application, but to date they have not responded. QM (N.J.S.A. 40A:l4-155 O'Neill SHOULD BE REIMBURSED FOR THE EXPENSE OF HIS DEFENSE OF THE CRIMINAL CHARGES FILED PURSUANT TO N.J.S.A. O?Neill reasserts and realleges each and every previous paragraph as if fully set forth and reiterated herein. 40A:l4-155 provides for counsel fees. It provides, "Whenever a member or of?cer of a municipal police department or force is a defendant in any action or legal proceeding arising out of and directly related to the lawful exercise of police powers in the furtherance of his of?cial duties, the governing body of the municipality shall provide said member or of?cer with necessary means for the defense of such action or proceeding, but not for his defense in a disciplinary proceeding instituted against him by the municipality or in criminal proceeding instituted as a result of a complaint on behalf of the municipality. If any such disciplinary or criminal proceeding instituted by or on complaint of the municipality shall be dismissed or ?nally determined in favor of the member or of?cer, he shall be reimbursed for the expense of his defense.? HUD-L-004693-18 11/26/2018 5:Trans ID: LCV20182044510 16. I7. 18. 19. O?Neill was adjudged acquitted by the Superior Court on October 12, 2018. The criminal complaint was instituted by Defendant through the Jersey City Police Department, Department of Internal Affairs. Following the favorable determination of the criminal charges against Plaintiff, a demand for payment reimbursement of the defense costs, including but not limited to the reasonable legal fees, commensurate with the undersigned's expertise and years of practice, was made Defendant. O?Neill seeks herein an Order from the Court for the reimbursement of his expenses for his defense of the criminal charges. WHEREFORE, Michael O?Neill demands judgement against the Jersey City as follows: a. For an Order of the Court, pursuant to N.J.S.A. for the defense costs of O'Neill, including but not limited to the counsel fees and litigation costs to Sciarra Catrambone, LLC. b. Payment of counsel fees and costs for the ?ling of the instant Complaint and papers in support thereof. 0. For such other, further, additional and different relief as this Court deems just and proper. 20. 21. 22. 23. 24. 25. HUD-L-004693-18 11/26/2018 5:01 :07 PM Pg 5 017 Trans ID: LCV20182044510 COUNT TWO (N.J.S.A. O?Neill IS ENTITLED TO BACK PAY AND BENEFITS PURSUANT TO N.J.S.A. O?Neill reasserts and realleges each and every previous paragraph as if fully set forth and reiterated herein. N.J.S.A. 40A: 14-1492 provides, ?If a suspended police of?cer is found not guilty at trial, the charges are dismissed or the prosecution is terminated, said of?cer shall be reinstated to his position and shall be entitled to recover all pay withheld during the period of suspension subject to any disciplinary proceedings or administrative action.? O?Neill was acquitted on October 12, 2018 of all criminal charges against him. Defendant has already reinstated O?Neill to full duty with the Jersey City Police Department. O?Neill has already produced to Defendant information pertaining to efforts to mitigate back pay during the time of the illegal suspension. O?Neill is entitled to receive all contractual bene?ts including but not limited to retroactive reinstatement of health insurance, sick time accumulation, vacation time accrual, seniority, and pensionable service credits. WHEREFORE, Michael O?Neill demands judgement against the Jersey City as follows: a. For an Order of the Court, pursuant to N.J.S.A. for the award of full mitigated back pay. HUD-L-004693-18 11/26/2018 5:Trans ID: LCV20182044510 b. Payment of counsel fees and costs for the ?ling of the instant Complaint and papers in support thereof. 0. For an Order of the Court, pursuant to N.J.S.A. awarding retroactive contractual bene?t to O'Neill and or payment for health care expenses incurred during the suspension. (1. For such other, further, additional and different relief as this Court deems just and proper. DESIGNATION 0F TRIAL COUNSEL Pursuant to 3. 425-4, the Court is advised that Charles J. Sciarra, Esq. is hereby designated as trial counsel. spectfully submitted, ciarr 1 'Catrambone,LLC I By: Charles J. Sciarra, Esq. Dated: November 26, 2018 HUD-L-004693-18 11/26/2018 5:Trans ID: LCV20182044510 CERTIFICATION PURSUANT TO R. 45-1 The undersigned, of ?ll] age, hereby certi?es as follows: I. The matter in controversy is not the subject of any other pending court action or arbitration, other than those proceedings outlined herein. 2. No other court action or arbitration proceeding is contemplated at this time. ction at the present time. Charles J. Sciarra, Esq. 3. There are no other parties to be joined in By: Dated: November 26, 2018