Charges against Spotswood police chief and acting captain dropped

SPOTSWOOD — A District Court judge has dismissed disciplinary charges filed by the city against Police Chief Philip Corbisiero and Acting Capt. Nicholas Mayo, saying the city failed to follow state internal affairs policies and procedures.

Middlesex County District Court Judge Christopher Rafano ruled July 19 that the “competent authority” for imposing the disciplinary action should have been the county prosecutor’s office or the state attorney general.

“There are other issues that the District Attorney must address that prevent the City from investigating or taking disciplinary action against the two officers,” Rafano wrote in his decision.

The prosecutor’s ongoing investigation, the judge wrote, “would prevent the municipality from conducting its own parallel investigation.”

Rafano also concluded that “in Spotswood, the civilian administrator (Brandon Umba) personally investigated the alleged misconduct of the (officers) instead of referring the complaint to the appropriate authority.”

Spotswood argued that Umba was the “competent authority” to supervise the police chief, but the judge wrote that when a complaint is filed against a police chief or chief of internal affairs, the matter must be referred to the district attorney or attorney general, under state guidelines that take precedence over local ordinances.

Gina Mendola Longarzo, Corbisiero’s attorney, said: “Mayor (Jackie Palmer) and (Umba) wasted a lot of taxpayer money on a personal vendetta and I’m glad we had a competent judge who didn’t just let them ignore the law and make up their own rules.”

“Palmer and Umba basically threw a childish tantrum and fully deserved to be put in time-out and taught a lesson,” Longarzo continued. “Judge Rafano saw through all the nonsense and ruled extremely fairly and wisely.”

John Harrington, the attorney representing Spotswood in the case, said the city does not comment on pending litigation.

Corbisiero and Mayo were both given notices of disciplinary action on March 25 and were suspended with pay. The notice stated that both officers could be terminated.

The suspensions are the latest development in an ongoing dispute between the mayor and several police officers, including the president of the local Policemen’s Benevolent Association (PBA), which has led to a flurry of lawsuits.

The charges against Corbisiero and Mayo cover a range of offenses, from incompetence and disobedience to discrimination and sexual harassment.

More: Mayor Spotswood suspends top cops; lawyer says it’s ‘an outrageous abuse of power’

In January, Corbisiero filed a $2.5 million lawsuit against the city, alleging he was subjected to a hostile work environment, harassment, retaliation, age discrimination and defamation by Palmer, Umba and Assistant Manager John Scrivanic, a retired Tinton Falls police chief.

Corbisiero alleges he was targeted for filing a 2020 lawsuit against former Police Chief Michael Zarro alleging age discrimination and whistleblower retaliation against former Mayor Ed Seely and former business administrator Dawn McDonald. Zarro received an out-of-court settlement of $350,000 and Corbisiero received $120,000.

In 2020, Mayo, along with fellow officers John Fedak and Edward Schapley, filed a lawsuit against the city, Seeley and McDonald, alleging civil rights violations, harassment and retaliation. The case is scheduled to go to trial Oct. 15 in Middlesex County Superior Court.

Additionally, four police officers – James Parsons, Daniel Hoover, Osman Dikiz and Dominik Skibniewski – have filed a lawsuit against the city, the police department, Corbisiero and PBA President Officer Richard Sasso, claiming that the police chief and Sasso are “targeting any police officer who is not part of the plot to oust the mayor and the business leader.”

In January, Sasso filed a lawsuit against Palmer and the city, alleging that the mayor had “personally attempted to thwart his career.”

Last year, Brittany Johnson, the city’s first female police officer, filed a lawsuit against Palmer, Corbisiero, Sgt. Nelson Nichols, Dikiz and the city, alleging she was subjected to discrimination, retaliation and harassment because of her gender. In January, Johnson removed Corbisiero from the lawsuit, which is still pending.

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Charges against Spotswood police chief and acting captain dropped

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