QUINLAN & ASSOCIATES, LLC 900 Haddon Avenue, Suite 114 Collingswood, New Jersey 08108 (856) 665-4141 Attorneys for Plaintiff Timothy J. P. Quinlan, Esquire, Attorney 1.0. 241851968 MITCHELL.LITTLE, + SUPERIOR COURT OF NEW JERSEY LAW DIVISION Plaintiff, + OCEAN COUNTY vs. : DOCKET NO. ‘TOWNSHIP OF TOMS RIVER, Action Defendant. + SUITIN LIEU OF PREROGATIVE WRIT Plaintiff, Mitchel! Little, residing at 48 Cliffside Drive, Toms River, New Jersey 08755, by way of Complaint says: 1, Plaintiff is the Chief of Police and has been employed by the Police Department for 38 years and for the last 10 years as Chief. 2. On March 25, 2024, plaintiff was directed to appear in the Mayor’s Office and was given a Notice of Discipline imposing a 2-day suspension which was served as directed on April 16" and April 17", 3. A.copy of the Notice of Discipline is attached hereto and marked “Exhibit A” 4, The Notice of Discipline is in violation of N.S, A0A:14-147 on its face as it does not provide a designed hearing date. 5. Acopy of N.S. 40A:14-147 is attached and marked “Exhibit B" 6. The Township of Toms River is a non-civll service Township, 7. Thirty (30) days have elapsed since the suspension and a hearing has not commenced as required by N.JS. 40A:14-149 and the charges must be dismissed, 8. A copy of NS. 40A:14-149 is attached and marked “Exhibit C"WHEREFORE, plaintiff seeks judgment declaring the Notice of Discipline dismissed and granting counsel fees. QUINLAN & ASSOCIATES, LLC Attorneys for Plaintiff Dated: 4/30/2024 BY: TIMOTHY]. P. QUINTOWNSHIP OF TOMS RIVER 33 Washington Street, P.0. Box 728 Toms River, Ni 08754 "732-341-1000 Dear Chief Little: ve of a two-day non-paid Please allow this correspondence to sezve as an official disciplinary not suspension for your continued insubordination of the Administration. As provided in your employment contract, NJ.S.A, 40A:14-118 and §50-1D of the Toms River ‘Township Code, the Business Administrator is responsible for the overall performance of the Law Bnfore ment Department, Consequently, it is my responsibility 10 adopt and promulgate rules and regulations for the Department and for the discipline ofits members, including yourself, Moreover, pursuant to NULS.A. 40A:14-118(6), you shall “([rJeport at least monthly 10 the appropriate authority in such form as shall be prescribed by such authority on the operation of the foree dating the preceding month, and make such other reports as may be requested by such authority.” The statute goes on to define “appropriate authority” as “mayor, manager, or such other appropriate executive or administrative officer. ...” On March 11, 2024, 1 emailed you a list of items I would Jike included on such monthly report. You confirmed your receipt of the eroail. At the March 25, 2024, meeting hold between the Administration, ‘yourself, your assigned Counsel from the Fratemal Order of Police Union and Counsel for the Township to discuss a disciplinary matter as well as procedural issues, you asked myself and Mayor Rodrick if you could have until Friday Apri) 5, 2024, to produce the reports for February and March, ‘The Mayor and T provided you with the additional time you had requested. However, you failed to produce the said reports by April 5. (On Monday April 8, I emailed you a disoiplinary notice of « written reprimand for your failure to provide the reports by April 5, the date you bad requested to tum in the reporis al the March 25 meeting, EXHIBIT A |‘Also contained in the letter was notice thal should the Administration not receive the requested reports by Friday April 12, 2024, you would face additional disciplinary action. On April 8, toward the end of the day, you provided me with a dise drive that was filed with ‘numerous documents, however, once again, it did not contain « report with the requested information, After ‘you provided me with these documents, I emailed you and notified you that what you had provided did not constitute a report, which, I believe you were well aware, and provided you with a sample of a monthly report from the Princeton Chief of Police, Also missing from the dise drive was a report containing a summary of your vacation leave accrued, taken, and carried over from 2023. As previously stated, this is required pursuant to Artic) Leave of the employment contract you entered with the Township. Its imperative that the Administration be provided with same so that itis aware of how much vacation time you have available for this year, what amount of vacation time was approved by the prior Administration, and how frequently Deputy Chief Dellane sorves as acting Chief of Police, ‘The Administration has made every effort to accommodate your requests up until this point in time. However, your failure to comply with my requests, or communicate with me as to the status of the outstanding reports, has nterfered with my responsibitity to oversee the overall performance of your department. Consequently, following the rule of progressive discipline, this two-day unpaid suspension is warranted. Please do not report to work on Tuesday, April 16" and Wednesday, Apsil 17th and make arrangements with Deputy Chief Dellane to serve as Acting Chicf of Police for those dates. Sincerely, ffoaiban Satonis fownship Business Administrator | |2023 New Jersey Revised Statutes Title 40A - Municipalities and Counties Section 40A:14-147 - Removal, suspension of police officer Universal Citation: NJ Rey Stat § 4oA:14-147 (2023) < Previous Next > 40A:14-147. Removal, suspension of police officer 40A:14-147. Except as otherwise provided by law, no permanent member or officer of the police department or force shall be removed from his office, employment or position for political reasons or for any cause other than incapacity, misconduct, or disobedience of rules and regulations established for the government of the police department and force, nor shall such member or officer be suspended, temoved, fined or reduced in rank from or in office, employment, or position therein, except for just cause as hereinbefore provided and then only upon a written complaint setting forth the charge or charges against such member or officer. The complaint shall be filed in the office of the body, officer or officers having charge of the department or force wherein the complaint is made and a copy shall be served upon the member or officer so charged, with notice of a designated hearing thereon by the proper authorities, which shall be not less than 10 nor more than 30 days from date of service of the complaint. ‘Acomplaint charging a violation of the internal rules and regulations established for the conduct of a law enforcement unit shall be filed no later than the 45th day after the date on which the person filing the complaint obtained sufficient information to file the matter EXHIBIT B nos:ttawustia.comlcadesneutersevile-aDatsection-402-14-147/ we4724124, 10.58 AM Now Jarsey Revised Statutes Section AOA 14-147 (2023) - Removal. suspension of police officer: 2025 New Jersey Revised St upon which the complaint is based. The 45-day time limit shall not apply if an investigation of a law enforcement officer for a violation of the internal rules or regulations of the law enforcement unit is included directly or indireetly within a concurrent investigation of that officer for a violation of the criminal laws of this State, The 45-day limit shall begin on the day after the disposition of the criminal investigation. The 45-day requirement of this paragraph for the filing of a complaint against an officer shall not apply to a filing of a complaint by a private individual. A failure to comply with said provisions as to the service of the complaint and the time within which a complaint is to be filed shall require a dismissal of the complaint, ‘The law enforcement officer may waive the right to a hearing and may appeal the charges directly to any available authority specified by law or regulation, or follow any other procedure recognized by a contract, as permitted by law. Amended 1971, 6.443, 8.6; 1981, ¢.75, 8.8; 1988, ¢.145, 8.1; 1996, c.115, 8.2.2023 New -lersey Revised Statutes Title 40A - Municipalities and Counties Section 40A:14-149 - Suspension pending hearing; commencement of hearing Universal Citation: NJ Rev Stat § 40A:14-149 (2023) < Previous Next > 40A:14-149. Suspension pending hearing; commencement of hearing If any member or officer of the police department or force shall be suspended pending a hearing as a result of charges made against him, such hearing, except as otherwise provided by law, shall be commenced within 3o days from the date of the service of the copy of the complaint upon him, in default of which the charges shall be dismissed and said member or officer may be returned to duty. L.1971, ¢. 197, 8. 1, eff. July 1, 1971. EXIMEBIT ¢Civil Case Information Statement Case Details: OCEAN | Civil Part Dockettt ‘case Caption: Case Type: ACTIONS IN LIEU OF PREROGATIVE WRITS, ‘case iniiation Date: 04/90/2024 Document Type: Complaint ‘Attorney Name: TIMOTHY J QUINLAN, siury Demand: NONE Firm Name: QUINLAN & ASSOCIATES LLC Is his a professional malpractice case? NO ‘Addtess: SOD HADOON AVE STE 114 Related cases pending: NO COLLINGSWOOD Ry O8108 tyes st docket numbers: Phone: 8566556141 Do you anticipate adding any parties (arising out of some Namo of Party: PLAINTIFE: Lit, Machol tranaaction or occurrence)? NO Name of Defendant's Primary Insurance Company ‘Does this case involve claims telated to COVID-197 NO (seven) None. ‘Ace sonual abuse clalms alleged by: Mitchell Lito? NO ‘THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE ‘CASE CHARACTERISTICS FOR PURPOSES OF OETERIONG CASE If APPROPRIATE FOR MEDIATION Do parties have a current, past, of recurrent relationship? NO, If yes, is that relationship: Does the statute governing this case provide for payment of fees by the losing party? NO Use this space to alert the court to any special case characteristics that may warrant individual management or accelerated disposition: Do you or your client need any disability accommodations? NO If yes, please identify the requested accommodation: Will an interpreter be needed? NO If yes, for what language: Please check off each applicable category: Putative Class Action? NO Title 587 NO Consumer Fraud? NO Medical Debt Claim? NO | certify that confidential personal identifiers have been redacted from documents now submitted to the ‘bo redacted from al! documents submitted in the future In accordance with Rule 1:38-7(b} out, and o4'a0/2024 {5L TIMOTHY J QUINLAN Dated Signed