PRESS RELEASE FOR IMMEDIATE RELEASE CONTACT: Bryan Huntenburg Ocean County Prosecutor's Office P.O. Box 2191 March 24,2023, ‘Toms River, NJ 08753, Office: (732) 929-2027 Mobile: (732) 288-6734 Email: ecpopress‘@eo.ocean.nj.us OCEAN COUNTY PROSECUTOR RESTORES COMMAND & CONTROL, OF THE LAVALLETTE POLICE DEPARTMENT TO, LAVALLETTE CHIEF OF POLICE Ocean County Prosecutor Bradley D. Billhimer has announced that effective today, March 24, 2023, the Ocean County Prosecutor's Office is restoring full command and control of the Lavallete Police Department to Lavallete Chief of Police Christian LaCicero. ‘On May 19, 2022, Prosecutor Billkimer, pursuant to his authority as Chief Law Enforeement Officer of Ocean County, announced that the Oceam County Proseculor’s Office assumed full command and contr of the Lavalleite Police Department basedupon terminal leave of then-Police Chief Colin Grant, To that end, Prosecutor Billhimer designated Anthony U. Carrington, Ocean County Prosecutor’s Office Chief of Detectives, as the Oticer-in-Charge, and Joseph F. Mitchell, retired Ocean County Prosecutor's Office Chief of Detectives, to handle the day-to-day operations ofthe Lavallette Police Department. Since assuming fill command anel control of the Lavallette Police Department, the Ocean County Prosocutor's| Office conducted a thorough evaluation of the department, highlighting areas in need of improvement and. implementing plans and procedures to further the goal of meeting the necessary standards of a professional law ‘enforcement agency. The Supervisory Report of the Lavallette Police Department is attached to this pres release. The Report itemizes deficiencies that the Ocean County Prosecutor's Office addressed and corrected, as well as deficiencies that remain, “Lam proud of the work we have done to assist the Lavallett 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. °m optimistic that Chief LaCicero will lead these men and women effectively ‘moving forward,” Prosecutor Billhimer sate, “Ted like to thank Chief Carrington, Chief Mitchell, and Lt. Brian Haggerty for their dedicated service to the Borough of Lavallette. They conducted themselves professionally at all times and were tremendous representatives ofthis office,” Prosecutor Billhimer sated, “I'd also like to thank Chief Assistant Prosecutor — Professional Standards Unit, William Scharfenberg forthe work he’s done on behalf of ths office in Lavallete Collectively, we are leaving this Poice Department ina better position to succeed ~ which was really the goal all, ‘along,” Prosecutor Billhimer stated. “At this point in time, Chief LaCicato has completed Chiets training with the New Jersey Association of Chiefs of Police, Intemal Affairs Training provided by the Ocean County Prosecutor's Office, and has benefitted from, the leadership provided by this ollie - specifically Chief Carrington, Chief Mitchel, and Lt. Haggecty for the ten months, He is ready to lead the Lavallette Police Department,” ProsceutorBillhimer added Page 1 of 2“The Ocean County Prosecutor's Office, by and through the Ocean County Prosecutor's Office Professional Standards Unit, had previously assumed command and control of the Internal Affairs functions of the Lavallette Police Department on December 16, 2021, after an audit of the Department's records. Farlier this month, the Ocean County Prosecutor's Office provided the required Office of Attomey General Internal Affairs training to all Ocean County Law Enforcement. Chief LaCicero and two Lavallette Sergeants attended and successfully ‘completed the taining. “Now thatthe Chief and two Sergeants have been properly trained in conducting Internal AMfairs investigations, the Internal Affairs function will also be returned to the Lavallete Police Department,” Prosecutor Billhimer stated, “While the Borough ls indicated that it is unable to afford the cost associated with getting the Lavallett Police Department accredited by the New Jersey State Association of Chiefs of Police, i is my hope that they wil, in time, be able to join the 26 othe law enforcement agencies in Ovean County that are alteady accredited. Acereditation ensutes that a law enforcement agency is operating at maximum efficiency and reduces risk and liability exposure,” Prosecutor Billhimer stated. “I commend the offices ofthe Lavallette Police Department that stepped up and met the high standards that my office required of them. Its important to me, as wel asthe residents ofthe Borough, thatthe offcers are properly ‘rained and committed to keeping their community safe and secure,” Prosecutor Billhimer added. “I wish Chief LaCicero the best of luck in his position as Chief of the Lavallette Police Department and thank him for his service to the communi,” Prosecutor Billhimer concluded. ee Follow the Offi of tbe Ocean County Prosecutor online on our Website, Fasbook, Titer and Instagram, ‘Te social media inks provided ar for reference only. ‘0CPO doesnt dors any non-governmental websites, companies o plications For adon information, vist our Website at ps wse.ogpon 208 Page2 of 2Ocean County Prosecutor’s Office Supervisory Report of the Lavallette Police Department ‘May 19, 2022 to March 24, 2023 Bradley D. Billhimer Ocean County ProsecutorSupervisory Report of the Layallette Police Department ‘TABLE OF CONTENTS ‘Toric PAGE INTRODUCTION 3 DEFICIENCIES THAT HAVE BEEN ADDRESSED BY OCPO's SUPERVISION... 4 DEFICIENCIES THAT REMAIN ...... ‘ a) ‘COLLABORATION WITE SURROUNDING LAW ENFORCEMENT, BOROUGH DEPARTMENTS & LAVALLETTE SCHOOL. 5 GENERAL ORDERS / POWER DMS MESSAGES ISSUED 9 POLICE OFFICER TRAINING BETWEEN MAY 19, 2022 AND MARCH 24, 2023 ... 12 LAVALLETTE POLICE DEPARTMENT OPERATIONAL STATISTICS Is INTERNAL AFFAIRS / PROF! S]ONAL STANDARDS STATISTICS 16INTRODUCTION ‘The Borough of Lavallette is located within the confines of Ocean County. Lavallette is an ‘oceanfront community consisting of approximately 1,787 year-ound residents (according to 2023, census statistics). The summer population can exceed 20,000 people due to Lavallette’s prime location on the Atlantic Ocean and attraction of summer rental properties. Lavalette is approximately 0.8 square miles in area. The average age of the residential population is $9 years ‘he average household inccme is $126,000, The average home value is $915,000. The Lavallete Police Department patrols the borough of Lavallette located onthe northern barrier island within Ocean County. The police department is comprised of 13 ful ime sworn law enforcement personnel. The command structure of the police department consists of « Chief of Police and four (4) squads - with each squad being supervised by a Patrol Sergeant. There is no executive command level saffing such as a Captain or Lieutenant (On May 19, 2022, the Ocean County Prosecutor's Office (OCPO) assumed command and control of the Lavallette Police Department (the Department) under the direction of Anthony U, Carrington, Ocean County Prosecutor's Office Chief of Detectives; this was due to the lack of a Police Chief or executive command staff as @ result of the paid terminal leave of former Chief Colin Grant - pending his formal retirement on November 1,202, OCPO had previously assumed ‘command and control of the Internal Affairs funetion of the Department as of December 16, 2021 ‘Asa result of assuming command and control of the Lavallette Police Department, OCPO undertook an aucit of the operations of the Department and discovered numerous deficiencies ‘beyond the lck of Police Chief or executive command staff, The information contained within this report documents ou observations, identification of areas in need of improvement, corrections, and other factor that would lend to the efficient function of police operations. The documented information does not address every aspect of wiat has been accomplished or observed ring the oversight period, but it does provide an outline of deficiencies, issues, corrections and statistics showing significant improvements inthe overall functionality ofthe Department.DEFICIENCIES THAT HAVE BEEN ADDRESSED BY OCPO"s SUPERVISION 1. ‘The Governing Body appointed Sgt. Christian LaCicero to Chief of Police on October 31, 2022, with no formal Police Chief training. OCPO coordinated training for Chief LaCicero with the New Jersey Association of Chiefs of Police. To that end, he attended NJSACOP Professional ‘Development Division: New Police Chiefs Orientation (March 13-17, 2023 2. The Governing Body appointed Sergeant Michael Monica as the Lavallete Police Department Internal Affair: Officer without the required taining and while the Internal Affaire function was under the contol of OCPO. OCPO provided training for Sergeant Monica, Sergeant White and Chief LaCicero under the New Jersey Attomey General's Office Course for Internal Affi Investigators (March 9-10, 2023) 3. Updated the Power DMS police information and messaging system to ensure that all personnel are compliant with required taining, review of directives, Standard Operating Procedures, general orders, ete. ‘The system had not been fally utilized and the dissemination of ‘numerous Standard Operating Procedures had not occurred, 4. Coordinated repair of the Radio Communication System afer identifying communication problems due to a defective antenna and battery back-up system failure. Antenna and back-up system was replaced. The oficers had been using personal cellphones for communication; this practice has been stopped 5. Coordinated plan to input information regarding police calls in the Computer Aided Database (CAD-Spillman) provide intelligence and safety information inthe event an officer is dispatched to the same location orto the same individual more than ance. The CAD-Spillman system was not used fr this purpose inthe past 6. Updated all police éepartment forms such as Miranda Wamings, Evidence Receipts, and ‘Victim and Defendant Statenent Forms, etc, to ensure proper content, uniformity and consistency in appearance, 7. Implementation of Full Background Investigation requirement forall potential new hires. Prior to OCPO supervision, a thorough background investigation for employment was not conducted on four (4) police employees. An updated background investigation has since been ‘completed on these police employees. 8, Implementation of «Fit for Duty Evaluation requirement for new hires. Prior to OCPO supervision, the Departmert lacked consistency in obtaining psychological assessments forall 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 (PTO) Program that is now mandatory; each newly hired law enforcement officer must go through the program and shadow and work with an experienced ofticer. 10. Implementation of an updated Body Armor/Bullet Proof Vest Poliey for all patrol personnel, which states: "The department shall endeavor to maximize officer safety through the use of body armor and the practice of prescribed safety procedures. Accordingly, members who are assigned duties that may involve arrest situations shall wear department issued sot body armor atall times while engaged in such duties whether on or off duty." The prior policy indicated that "[alll officers are encouraged to wear body armor. Body armor should be of a minimum threat level that will stop the caliter ofthe gun the officer carres;" patrol officers were observed to not be wearing same. 11, Implementation of “two officers minimum” assigned per shift. The two officer shift coverage is necessary forthe safely of the community and that of the officers. Surrounding police ‘departments may not have the ability fo respond quickly as back-up in the event of an emergeney ‘or call for service. 12, Implemented « Community Policing plan where all swom personne! have been advised to ‘be proactive in policing ané to conduct area checks, as time allows during their respective shifts, ‘of commercial businesses, residential area, etc, Officers have been encouraged to walk the business sections of the borough and to introduce themselves to business owners. The contacts ‘with the business owners have been postive and they appreciate the opportunity to meet police personnel under circutnstance that are not emergent, 13, Implementation of a Employee Evaluation Policy for bi-annual evaluation of staf. 14, Evidence Room audited; instituted a plan to document and deposit found United States ccureney in a bank account operated by the Chief Financial Officer pending rctuen to owners, The ‘monies had been commingled with evidential funds. 15, _Instituted the use of Operations/Event Planning to coordinate the efforts of police and Citizen Emergency Response Team (CER) for large events, the purpose of which isto provide forthe safety of the people at these gatherings. 16. Installation of radar units in marked patrol vehicles and certification of personnel in the operation of radar. ‘The radar units had not been inthe patrol vehicles and officers were either not current or not certified, 17. Implementation of a Patrol Vehicle Checklist, A vehicle inspection and equipment ‘checklist was established tc ensure that patrol vehicles are properly equipped with all necessary ‘equipment and that the emergency lights and audible devices are in working order. This policyalso serves to maintain a professional appearance while on patrol and responding to calls for 18 Upgraded the Oleoresin Capsicum (OC) Spray that Lavallett Patrolmen previously carried from an oil-based VEXOR OC Spray, 0 a water-based spray to avoid potential ignition in the event that a Conductive En-rgized Deviee, ie., a Taser, was used simultaneously. Oil based OC Sprays are highly flammable. Neighboring departments that provide Lavallette with backup patrols are equipped with Tasers. Upgrading to a water-based OC Spray negates the possibilty of ‘8 Taser deployment from an officer from a neighboring department causing ignition and/or injury 1 civilians and law enforcement personnel if bath are deployed simultaneously. Lavallete Police Offices are not equipped with Tasos, 19 Coordinated with Dr. Lisa Gleason, Superintendent of the Lavallete School District, to ‘obtain access keys/fobs tothe Lavallette Elementary Schoo! in the event of an emergency or active shooter, 20 Increased presence of police atthe school and provided periodic security checks to ensure ‘that all doors remain secured 21 Cured deficiencies with regard to the New Jersey Department of Corrections inspection {including the following: 1) lack of a fixed panie button.on the exterior Sally Port; 2) lack of audio recording in the Sally Port area (even though video reconding is present; and 3) proper operation of the door interlock system, 22 Cured deficiencies of the New Jersey Juvenile Justice Commission inspection regarding detention of juvenile offenders, including violations involving the locking mechanism within the interview room and an omission within the Department's Standard Operating Procedures regarding juveniles. 23 Updated the Lavallete Police Department webpage to include “Promoting Diversity in Law Enforcement Recruiting and Hiring,” which is a requirement ofthe New Jersey Office of the Attomey General 24 Created a LavallettePolice Department Facebook page as an information sharing platform to be utilized for public messaging, information sclated to police department functions, and hiving announcements. 25 Privacy Film has been affixed to both the Dispatch and Records Room glass dividers in the public fayer fo prevent videotaping or photographs being taken of police records and sensitive materials,L. Lack ofan executive command staff, The current chain of command consists of Patrolmen, four (4) Sergeants, andthe Chief. The current chain of command places the Chien charge ofall the day-to-day operations, and limits his ability tobe proactive in setting and meeting goals fr the ‘department and meeting the Directives ofthe Office of Attomey General and OCPO. 2. Lack of Detective within the Lavalette Police Department. While the Police Department is limited to thirteen officers, there should be at least one officer assigned to conduct investigations consistent with other similar size departments within the county. 3. The Department is not equipped with Conductive Energy Devices, ie, Tasers, leaving officers il prepared to deal with critical incidents where less than lethal force may be warranted. ‘The Department should traia and equip patrol officers inthe use and deployment of CED's 4. Patrol vehicles are rot equipped forthe maximum protection ofthe officer. Patrol vehicles should have a long gun mounted and locked within the front seat occupant compartment. 5. Medalesome paternof behavior by the goveming body, current business administrator and ‘current township attomey into the daily operations of the police function(s) ofthe Department, and continuous allempls to ieterfere with OCPO's implementation of plans/directivesfplicies designed to meet current potce standards. 6. OCPO has recommended that the Department seck accreditation with New Jersey Association of Chiefs of Police so that they may continue to remain current with State requirements tnd standards of curent policing. Accreditation would insure the Department is operating cffciently a all times. The current business administrator and current township attorney have indicated that the Borough is without sufficient funds to pursue accreditation and that there is “economic bass to pursue wereditaton.” Please see correspondence dated Feb.6, 2023 attached as Exhibit ACOLLABORATION WITH SURROUNDING LAW ENFORCEMENT, ‘BOROUGH DEPARTMENTS & LAVALLETTE SCHOOL The Chiefs of Police of the Toms River Police Department, Seaside Heights Police Department, ‘Mantoloking Police Department, Bay Head Police Department, and Brick Township Police Department were contacted to ensure that any existing mutual aid agreements would continue for ‘the duration of OCPO's oversight ofthe Lavallette Police Department, All Departments agreed to ssi im situations where a request was i, Contact was made with the Lavallette First Aid Squad, Department of Public Works, and Lavallete Beach Patrol. The aforementioned borough department heads expressed a willingness to work with and cooperation with the Lavalltte Police Department. Contact was rhade with Dr Lisa Gleason, Superintendent ofthe Lavallete School System, and Roxanne Stephens, School Security Officer, to advise that OCPO was overseeing the Lavallete Police Department, and that we wished to ensure that the highest level of security for the school is achieved. Additionally, it was explained to Dr. Gleason that the OCPO Community Outreach Program can provide educational instruction on intemet safety and anti-bullying; Dr Gleason took advantage of this offer by having OCPO personnel conduct in-person presentations for both students and parents,GENERAL ORDERS / POWER DMS MESSAGES ISSUED 822772022: ALL. EMPLOYEES NOTIFIED VIA POWER DMS OF OCPO COMMAND OF LAVALLETTE POLICE DEPARTMENT. CONTACT INFORMATION FOR CHIEF MITCHELL AND LT, HAGGERTY PROVIDED TO ALL EMPLOYEES, All employees were advised of the chain of command. 5/31/2022: REQUEST FOR ALL EMPLOYEES TO SUBMIT THEIR CURRENT ADDRESS AND CONTACT INFORMATION TO CHIEF MITCHELL AND LT. HAGGERTY, All personnel provided thei respective up-to-date contact information 5/31/2022: REQUEST FOR ALL DUTY WEAPONS ISSUED AS WELL AS QUALIFICATION RECORDS. ‘Confirmation through firearms records that all personnel issued a duty weapon have completed the necessary bi-annual firearms qualifications. 513172022; REQUEST FOR ALL SERGEANTS TO FORWARD ALL REPORTS VIA SPILLMAN TO LT. HAGGERTY FOR FINAL APPROVAL, All Sergeants were advisec thatthe final approval process for reports will be submitted to Lt. Haggerty for final review and approval. (6/13/2022: GENERAL ORDER - Spillman CAD Entries!information ‘Asa way to improve intelligence and information sharing, all calls for service where a physical andor telephonic response is necessary by a member ofthe Lavallete Police Department, AND tan incident number is generated in the Spillman system, a cooperative effort is to be made by Dispatchers and responding Officers to fill in and complete as much information as possible for cach incident, Tis information is important and may be helpful for future calls for service to a particular location. Specifically, the use of the "involvements" section should be utilized to document persons, property, vehicles, ete. Additionally, the CAD comments or narrative section should also be filled in as tothe disposition of thecal. 2022022: GENERAL ORDER/DOCUMENTING SCHEDULED SHIFT. Effective immediately, if you are taking leave prior to the end of your scheduled sl Vacation, Sick, Compensatory, Murphy, of Personal time, you must notify either [Chief Mitchel] ‘or Lt. Haggerty via DMS message AND text message. Additionally, you are to utilize the sign-in ‘and sign-out sheet at the stat of and end of your shift and indicate what type of time you are using, if you leave prior to the ene of your scheduled shift, Lastly, you ae to utilize the Easy Clocking time keeping system when you arrive for your shift and leave your shift. ‘Shift Supervisors are to pass along this information to personnel that do not have access to the DMS system. If there are my questions or concerns feel free to contact [Chief Mitchell] or Lt Haggerty172122; GENERAL ORDER. ‘To all Sergeants, ce: Lt. Haggerty.....1t has come to my attention that certain individuals are contacting personnel direety to request enforcement of potential violations within the borough. Going forward if you are contacted by certain individuals seeking enforcement of potential violations, you are to direct them to contact either myself or Lt. Haggerty and we will decide if enforcement is warranted. Ifyou have any questions or concems, feel free to reach out to [Chief Mitchell] or 1. Haggerty. Thank you 79122: GENERAL ORDER: MANDATORY NOTIFICATIONS AND INFORMATION SHARING BETWEEN SHIPTS. Effective immediately... any call involving a death, sexual assault, trafic erash with serious injuries / fatality, structure or car fre, missing person, arest involving a exime of the third degree or higher or any incident chat you believe should be communicated to Superiors, you are to {immediately notify [Chief Mitchell] or Lt. Brian Haggerty via text message or phone call, Additionally, the proper sharing of information between shifts is ritical in maintaining workflow tnd safety and will be the rolicy from this point forward, At the end of your respective shif, all formation regarding incicents and intelligence during your shift shall be passed along to the oncoming shit supervisor, personnel and dispatch For yout information and compliance. 8/2/2022; TRANSMITTER MALFUNCTION IN DISPATCH. Over this past weekend, there was a malfunction ofthe dispatch transmitter, which caused the on- duty dispatcher to utilize portable radio to communicate with officers. In speaking with several ‘employees, this issue has ocurred in te past, and to remedy this situation, the computer needs to ‘be restated in the dispatch center. RE 821) — {aw Enforcement Sensitive For your information and eempliane. 9/8/2022: REMINDER SENT TO SERGEANTS REGARDING REPORTING OF NON- SUSPICIOUS UNATTENDED DEATH CASES. Due tothe recent confusion regarding the reporting protocol for non-suspicious unattended death cases, [Chief Mitchell] woud like to clarify the reporting procedure in simple terms, LED 2022- (007 issued by the Ocean Ceunty Prosecutors Office, as a three (3) page form attached, which is to be filled out in ts entirety. Once completed, the form is to be forwarded to the Ocean County Medical Examiners Office and Ocean County Prosecutor's Offie, Major Crime/ Homicide Squad. The above form is curently located inthe shared dispatch folder, as well asthe file draw within the processing 100m, For yout information and compliance. 101972972022: SHIFT PRODUCTIVITY REMINDER TO ALL EMPLOYEES. There has been a noticesbl> and significant decrease in ealls for service and proactive policing ‘over the past several weeks, [Chief Mitchell] also understand the seasonal aspect is directly related to the noticeable reduction. [Chief Mitchell] encouragefs] everyone to make an effort to conduct ‘commercial business checks, residential area checks, beachffont checks, and bayside checks throughout their respective shifis. As with all calls for service, all police activity shall be documented in the Spillmar system, Please respond to ‘his acknowledging your receipt and review of ths message. nLAVALLETT, TRAINING FROM All Officers completed the following training: Bias Based Policing Intelligence LED policing 2022 Legal updates -Sicde Prevention for LEO'S -2022 Right to Know -2022 Vehicle Pursuit ~ FALL 2022 Use of Force: FALL -2022 Blood bome Pathogeas Ad al Individual Officer Training: Chief Christian LaCicero: -NISACOP Profesional Development Division: New Police Chiefs Orientation (March 13-17, 2023) -Internal Affairs Training (March 9" and 10", 2023) SICATIABLE Taining “Resitienoy Tining ‘Sel. Adam LaCicero? -Redar Operator Training AICATIABLE Training Resiliency Training ‘Set. Justin Lam -Radar Operator Training SICATIABLE Training -Resilieney Training 2‘Sl. Michael Monies -Field Training Officer Training. -Aleotest Re-certification -Drug Impaired Driving Training Radar Operator T Internal Affairs Training (March 9® and 108, 2023) SICATIABLE Training -Resilieney Training ‘Set. Frank Wh -Pre-Bmployment Background Investigation Training School Physical Security Assessment Awareness -Field Training Officer Training -Radar Operator Training “Intemal Affairs Training (March 9 and 108, 2023) -Cops and Kids Class -Deaing with Juveiles SICATIABLE Taining “Resiieney Training Officer Anthony Ami Myths and Misconceptions of Impaired Driving -Ceiminal MAPP Training -A Potpouurti of Eye signs for DRE'S “DRE re-certifeation CIT training -Aleotest Training SICATIABLE Training, Resiliency Training Radar Operator Training Officer Ryan Tulko: -Radar Operator Training SICATIABLE Training -Resilieney Training 3Officer Thomas Harringte -Drug Impaired Driving Trining -Aleotest Re-certfication Driving While Intoxicated! Field Sobriety Training Radar Operator Training SICATIABLE Training -Resilieney Training Officer Timothy Perruso: Radar Operator Training Basie Course for Police Oificers (includes ICAT/ABLE and Resiliency Training) Officer Justin Ruppert: Basic Course for Police Officers (Waiver Course, Ovean County Police Academy - includes ICATIABLE and Resiliency Training) -Basic Life Support Training -Radat Operator Training Officer Brvan Bucino: Basie Course for Police Oificers (includes ICAT/ABLE and Resiliency Training) -Redar Operator Training Louisiana State University Course for “Law Enforcement Active Shooter Emengeney Response” SLEO II Sean Phillips: Basic Course for Police Officers atthe Ocean County Police Academy Co-mingled Class #114 Dispatcher Casella: Basie Course for Telecommunicators/ 9-1-1 Operators 4Mor May June July August September October November December January February March May Jane July August September October November December Jansary February March 2001 2001 on 2001 2021 2021 2021 2021 2022 2022 2002 2021 2001 2001 2001 2021 2021 2001 2021 2002 2002 2002 8 102 9% 9 a 25 ry 29 10 7 10 0 1s May Jone July August September October November December January February 2002 202 une 2002 2022 2002 2022 202. 2023 2003, 179 bs br 6 ea 45 45 50 28 2 March (as of 320/23) 50 (Commercial & Residential May Jane Jaly August Seplember October Novenber December January February 202, 202 2002 2002, 2002 2002 202 2002 203 2003 9 a 39 0 20 90 un 1st 200 17 ‘March (as of 3/20/28) 103 6 4 129% 135% 1 03% 1 97% 1 02% 1 80% 1275% 1 2% 1 180% 129% 1.400% 1 900% 1 106% 1 1,850% 1 3,400% 1 566% 1 4.400% 1 5.450% 115,000 120,000% 112,700% 110,300%2019 2020 2021 2022 2023 INTERNAL ARFAIRS / PROFESSIONAL STANDARDS STATI OPENED 3 Opened by Lavallette Police Department 3 Opened by Lavallette Police Department 3 Opened by Lavallete Police Department prior to OCPO Takeover, 4 Opened by OCPO Professional Standards Unit 7 Total for 2021 4 Opened by OCPO Professional Standards Unit 3 Opened by OCPO Professional Standards UnitEXHIBIT AATTORNEYS AT LAW = *stiittim ‘Sie i KALAVRUZOS MUMOLA HARIMANLENTO® DuFF Hamil: | rca: ALIMITED LIABILITY COMPANY. iHomston NJ O89. Cart Cox (Cesepers. Tele ‘whareibilawcom February 6, 2023 VIA EMAIL ONLY TO wscharfenberg@co.ocean.njus William Scharfenberg (Chief of Professional Stancands Unit Ocean County Prosecutor’ Office 119 Hooper Avenue Toms River, NI 08753, LLavallette Police Deps Dear Chief Prosecutor Schisfenberg: ‘As you know, I am she Borough Attomey forthe Borough of Lavallette and as such ‘represent the Borough in ecnnection with the command and control of the Lavallette Police Department by the Ocean County Prosecutor's Office. | am writing this eorrespondence in an attempt to amicably transter command and control of the Lavallete Police Department from the ‘Ocean County Prosecutor's Office to Chief Christan LaCicero and the appropriate authority By way of background, the Ocean County Prosecutor’s Office assumed full command and control ofthe Lavallete Police Department on May 19, 2022. It has been stated by the Ocean County Prosecutor, ina letter dated October 28, 2022, thatthe Ocean County Prosecutor's Office assumed full command and control ofthe Lavallett Police Department because Chief Colin Grants terminal leave and eventual retirement left the department without an appropriate level of direction and supervision. Its important to note thatthe Ocean County Prosecutor's Office assumed control ove the Internal Affairs function of the Lavallette Police Department on December 16, 2021. Simply, the Ocean County Prosecutor has been intimately involved with and has worked to improve the Lavallette Police Department for aver thirteen months. (On October 31, 2022, Christian LaCicero, a duly qualified candidate, was promoted and appointed to the position ofpermanent faltime Police Chie forthe Lavallete Police Department. Prior to being promoted, Chief LaCicero was appointed as a Police Officer in 2005 ‘and promoted to Sergeant in January of 2014. Chief LaCicero has served the Borough of Lavallette as a sworn law enforcement officer for over eighteen years. LaCicero has served as Police Chief for three montis during which time he has received mentoring from members of the ‘Ocean County Prosecutor's Office. Surely, Chief LaCicero’s almost two decades of law ‘enforcement experience coupled with the guidance provided by members ofthe Ocean CountyKMD Page2 Prosecutor's Office since Way 19, 2022, have ameliorated the perceived lack of direction and supervision that was the sted reason forthe Prosecutor's offie assuming command and control of the Lavallette Police Derartment. In Prosecutor Billhimes's October 28, 2022, correspondence the Prosecutor wrote that the (Ocean County Prosecutor's Office “will continue to maintain full command and contol of the Lavallette Police Department until such time asthe Lavallete Police Department meets the sandaid of applicable OAC Ditestives, OCPO Directives and is fully seredited.” Again, the Prosecutor's Office has bees involved with the Lavallete Police Department for over thirteen ‘months, Duting the previous eight months the Ocean County Prosecutor's Office has exercised full command and control of the Lavallete Police department. During the eight-month period. that the Prosecutor's Office was running the day-to-day operations ofthe police department, assigned OCPO staff ensured thatthe department currently meets the standards ofall applicable OAG and OCPO Directives. Under the leadership of Chief LaCicero the Lavalette Police Department will continue t meet ll applicable standards promulgated by the Office ofthe ‘Attomey General and the Ocean County Prosecutors Office. In the unlikely event thatthe Ocean County Prosecutor's Office is aware ofa specific OAG and/or OCPO standard(s) andor diteotive(s) that, after eight months, is/are still not being met, please identify same and Chie LaCicero will endeavor to ensure the Department meets the standards). Since the inception ofthe Ocean County Prosecutor's Office full command and contol of ‘the Lavallett Police Department significant discussions and negotiations have centered around the Lavallete Police Department becoming fully accredited. It is important to note that there is no statutory or regulatory requirement in New Jersey which mandates accreditation, After ‘carefl examination ofthe costs associated withthe accreditation process there is no econo ‘basis to pursue accreditation. The initial cost to appoint a consultant, a necessary step in the accreditation process, is approximately $40,000, The annual cost to renew accreditation is approximately $13,000. ‘The total anticipated annual saving is only $5,066. Meaning after the first two years including the accreditation process and the first-year renewal les the insurance discount the Borough of Lavalltte will have to spend close to $50,000 to maintain its accreditation. ‘The Borough of Lavallete has already researched other funding options to no avail. Simply, the Borough will not realize any economic benefit from accreditation. However, {naan attempt fo bring this matter to fruition, i te Ocean County Prosecutor's Office will agree to fund the accreditation process and subsidize the annual renewal, less the anticipated insurance reduction, the Borough will lly cooperate with all acreditation and renewal efforts Further please be advised that the Borough of Lavallete, the Lavallette Police Department and Chief LaCizero age that the hiring process isthe fist step inthe prevention of inappropriate behavior and misconduct. As such, the Lavallete Police Department under the leadership of Chief LaCicero will fully comport with Section 3.1.1 ofthe November 2022, ‘Attorney General issued Internal Affairs Policies & Procedures (hereinafter referred to as STAPP?), The LAPP states: ‘Selecting and appointing the highest quality individuals to serve as law enforcement officers must bea priority of every law enforcement agency,KMHL&R Page 3 During the selection process, written tests, psychological tests, background investigations and individual interviews should be completed by each candidate in. an attempt to identify those who would be best suited for law ‘enforcement employment, Background investigations must inclnde a review of the prior internal affairs files of any candidate IAPP Novenber 2022 3.1.1 p. 11 In an effort to assist with compliance ofthe shove listed [APD the Ocean County Prosceutor's Office in October of 2022, was to assign a Lavallette Police Officer tobe properly trained in conducting background chesks. Sergeant Frank White has been assigned asthe Lavallete Police Officer to conduct background ehecks and has received training from the Ocean County Prosecutor's Office to ensure background checks comport with the above TAPP and all applicable OAG and OCPO directives. Sergeant White has been a sworn law enforcement ‘officer since 1999 joining the Lavallete Police Department in June of 2004, Further, Sergeant ‘White has been serving in a supervisory capacity as either an interim sergeant or sergeant for almost five years. Sergeant White's extensive experience combined withthe training and classes provided by the Ocean County Prosecutor's Office ensure thatthe candidates that are best suited for law enforcement employment are selected. The work of the Ocean County Prosecutor's Office over the last eight months has ‘benefited the Department and has readied Chief LaCicero to lead the Department in the future In that regard, the Borough 3f Lavallette seeks to bring to conclusion the command and control ‘of the Police Department bythe Prosecutors Office. In addition to the above and in an effort to ‘ing this matter to conclusion the Borough of Lavallette and the Police Department propose the following: 1, Ensure continued compliance with applicable standards promulgated by the Office of the Attomey Geaeral and the Ocean County Prosecutor's Office. 2. Continue the fed ening officer program. 3, Comport with al training and education requirements directed by the OAG and/or ‘cro, 4. Continue the Internal Affairs Officer traning program. 5. Installation of shotguns inthe tranks ofall patrol vehicles, per the chie's recommendation 6. Issuance ofa joint press release detail with the Police Department 7. Neither party shull seek judicial review or intervention by the Attomey General's Office. 8, Continued cooperation and collaboration between the Lavallete Police Department and the Ocean County Prosecutor's Office. 9, Returning full Command and Contral ofthe Lavallete Police Department to Chief [LaCicero and the appropriate authority effective, Monday February 27, 2023. 7 the success ofthe Prosecutor's involvemeKMHL&R Pages tis my hope thatthe above will amicably resolve the matter and enable the Ocean County Prosecutor's Office to turn over command and control of the Lavallette Police Department to Chief LaCicero and the appropriate authority. Upon review of this correspondence, please adv se as tothe position of the Ocean County Prosecutor's Office. Should you have any questions, equite additional information, or would Tike to discuss this ‘matter further please do nothesitae to contact me. Thank you in advance for your attention, consideration, and courtesy Very truly yours, Kalavruzos, Mumola, Hartman, Lento & Dull, LLC William R. Burns ce: Mayor Walter G, LaCicero, Fsq,~ Borough of Lavallette Councilwoman Joanne Filippone, Police Department Liaison - Borough of Lavallette (Clerk — Borough of savallette Administrator ~ Borough of Lavallette ‘Chief Christian LaC:cero ~ Lavallette Police Department