- Jul 13, 2005
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a second chance for a bad cop....hmmmmmm
What was the Mayor thinking....
http://www.nj.com/cumberland/index....ami_cruz_files_lawsuit_for_reinstatement.html
VINELAND A former city detective who was terminated in 2012 filed a lawsuit on June 25 against the Vineland Police Department, requesting to be reinstated into the police department.
Gamaliel "Gami" Cruz was an 18-year veteran of the Vineland Police Department prior to his termination for allegedly misleading a judge. The possibility of his reinstatement began after Mayor Ruben Bermudez dismissed all charges against Cruz last May a move that city council openly questioned the legality of.
The lawsuit alleges that the Vineland Police Department has yet to reinstate him despite Bermudez dismissal of the charges and he is now effectively being suspended without charge.
When Cruz served as a detective in the police department, the Cumberland County Prosecutor's Office alleged that he gave false testimony to a judge on Aug. 3, 2010 while seeking a search warrant through the telephone.
Because of these charges, approximately 40 cases were thrown out at the time by the prosecutor's office because of Cruz losing his credibility as a witness in any past, present or future cases.
The police department suspended Cruz on March 14, 2011, according to the lawsuit, and hearings were held to decide whether the detective was still able to perform his duties as a law enforcement officer.
Cruz was ultimately terminated on May 22, 2012 and he filed an appeal against the decision shortly afterward.
Bermudez, who was elected as mayor after a December 2012 runoff election, signed a Final Notice of Disciplinary Action on May 21, 2014 dismissing the charges against Cruz.
The mayor has previously gone on record defending the former detective's character and admitting he knows Cruz through his church.
Cruz then dropped his appeal against the city's decision to terminate him on June 4.
Vineland City Council has openly questioned the mayor's legal authority to unilaterally dismiss the charges against Cruz and unanimously voted against the decision with the resolution describing it as a "settlement proposal" during its June 10 meeting.
Using the mayor's dismal, though, the newly-filed lawsuit argues for Cruz's reinstatement.
"Despite the dismissal of all charges against [Cruz] related to the Preliminary Notice of Disciplinary Action, as of the date of this complaint, the [Vineland Police Department] has yet to reinstate him to his position as a detective for the City of Vineland Police Department," lawsuit filed on June 25 states.
"In being denied his position with the [Vineland a Police Department], petitioner is effectively being suspended without charge, and the [police department] has shown no intention of reinstating the petitioner to his position as a detective within the police department," the lawsuit continues to state.
The lawsuit requests that the Vineland Police Department reinstate Cruz as a detective as well as the department pay for attorney fees, the cost of the lawsuit and any other relief deemed just by the court.
According to Vineland Solicitor Richard Tonetta, as of Monday afternoon the city has yet to be served with the lawsuit. He declined to comment on the matter until then.
The attorney representing Cruz Matthew R. Dempsky of Alterman and Associates could not be reached for comment.
What was the Mayor thinking....
http://www.nj.com/cumberland/index....ami_cruz_files_lawsuit_for_reinstatement.html
VINELAND A former city detective who was terminated in 2012 filed a lawsuit on June 25 against the Vineland Police Department, requesting to be reinstated into the police department.
Gamaliel "Gami" Cruz was an 18-year veteran of the Vineland Police Department prior to his termination for allegedly misleading a judge. The possibility of his reinstatement began after Mayor Ruben Bermudez dismissed all charges against Cruz last May a move that city council openly questioned the legality of.
The lawsuit alleges that the Vineland Police Department has yet to reinstate him despite Bermudez dismissal of the charges and he is now effectively being suspended without charge.
When Cruz served as a detective in the police department, the Cumberland County Prosecutor's Office alleged that he gave false testimony to a judge on Aug. 3, 2010 while seeking a search warrant through the telephone.
Because of these charges, approximately 40 cases were thrown out at the time by the prosecutor's office because of Cruz losing his credibility as a witness in any past, present or future cases.
The police department suspended Cruz on March 14, 2011, according to the lawsuit, and hearings were held to decide whether the detective was still able to perform his duties as a law enforcement officer.
Cruz was ultimately terminated on May 22, 2012 and he filed an appeal against the decision shortly afterward.
Bermudez, who was elected as mayor after a December 2012 runoff election, signed a Final Notice of Disciplinary Action on May 21, 2014 dismissing the charges against Cruz.
The mayor has previously gone on record defending the former detective's character and admitting he knows Cruz through his church.
Cruz then dropped his appeal against the city's decision to terminate him on June 4.
Vineland City Council has openly questioned the mayor's legal authority to unilaterally dismiss the charges against Cruz and unanimously voted against the decision with the resolution describing it as a "settlement proposal" during its June 10 meeting.
Using the mayor's dismal, though, the newly-filed lawsuit argues for Cruz's reinstatement.
"Despite the dismissal of all charges against [Cruz] related to the Preliminary Notice of Disciplinary Action, as of the date of this complaint, the [Vineland Police Department] has yet to reinstate him to his position as a detective for the City of Vineland Police Department," lawsuit filed on June 25 states.
"In being denied his position with the [Vineland a Police Department], petitioner is effectively being suspended without charge, and the [police department] has shown no intention of reinstating the petitioner to his position as a detective within the police department," the lawsuit continues to state.
The lawsuit requests that the Vineland Police Department reinstate Cruz as a detective as well as the department pay for attorney fees, the cost of the lawsuit and any other relief deemed just by the court.
According to Vineland Solicitor Richard Tonetta, as of Monday afternoon the city has yet to be served with the lawsuit. He declined to comment on the matter until then.
The attorney representing Cruz Matthew R. Dempsky of Alterman and Associates could not be reached for comment.
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