A South Brunswick police officer has filed a complaint against the township and Police Chief Raymond Hayducka alleging claims of retaliation. However, the chief’s lawyer denies the allegations.
The lawsuit filed on Jan. 28 demands a jury trial and the designation of trial counsel, according to a document filed in state Superior Court of New Jersey Civil Division for Middlesex County, by attorney Sebastian B. Ionno of Ionno & Higbee, of Pittman.
Officer Ricardo Moreira has been employed by South Brunswick as a police officer since 2011. He claims that since then, Hayducka has asked officers to dismiss tickets that were issued to certain individuals, according to the lawsuit.
Moreira said he was personally solicited by Hayducka on at least one occasion to dismiss a ticket he wrote to an individual who parked in a handicap space without displaying the proper tag. The officer said the vehicle belonged to an individual who attended a Free Masons event with Hayducka, according to the lawsuit.
Moreira claims this type of behavior continued through early 2020.
In or around February 2020, Moreira said, he spoke with then-Township Manager Bernard Hvozdovic regarding the New Jersey Conscientious Employee Protection Act (CEPA), and reported that Hayducka had allegedly “engaged in a pattern and practice of soliciting officers to dismiss tickets issued to friends and favored individuals,” according to the lawsuit.
The report was referred to the Middlesex County Prosecutor’s Office. Moreira said he interviewed with prosecutors during the investigation. He also named other officers in the complaint who had allegedly been told by Hayducka to dismiss tickets.
Moreira claims those officers were targeted by Hayducka by intimidation; and that he has been retaliated against for engaging in conduct that is protected under CEPA.
Moreira claims Hayducka fostered a culture of retaliation against employees who engaged in CEPA-protected conduct within the police department “and set a tone for his subordinates that such retaliation was appropriate and encouraged” according to the lawsuit.
On June 1, 2020, Moreira states, he was advised the prosecutor’s office had completed its investigation and took no action against Hayducka.
He said on or about June 23, he was instructed to report to Hayducka’s office, where his badge and gun were taken from him, and that without any examination by a medical professional he was told he was a “hazard” and “unfit for duty” and placed on immediate suspension, according to the lawsuit.
He said he was referred back to the prosecutor’s office regarding allegations he had lied during a disciplinary hearing.
On July 13, Moreira claims, while he was suspended, two lieutenants came to his residence and told him to speak with a captain, even though he said he had been ordered by Hayducka not to speak with anyone from the police department. He said he was served with notice of an Internal Affairs investigation for failure to answer his phone despite the warnings.
Moreira claims this was another form of retaliation, according to the lawsuit.
On July 30, during the police union’s quarterly meeting at Rowland Park in South Brunswick, Moreira said he attended the meeting to pick up a form for his pending disciplinary action, but alleged the PBA president publicly stated that no one from the union should speak to him or another patrolman because they were found guilty of lying.
Moreira said the PBA president threatened that anyone who spoke with them would be indicted, arrested and/or suspended, according to reports.
Moreira’s suspension ended on Sept. 11 after the prosecutor’s office declined to pursue the allegation of lying made against him, according to the document. Moreira said he was then placed on administrative leave.
Moreira said he made a formal report of retaliatory harassment and a hostile work environment to a captain on or about Oct. 13, against the township, Hayducka and the PBA president.
He said he has been subjected to a bogus charge of a 30-day suspension without pay. There are other charges pending, he said in the lawsuit.
Moreira returned to work on Jan. 25. He cited a memo from Hayducka which mandates the exact minute he is permitted to eat lunch and prohibits him from carrying his service weapon and badge.
A copy of the reported memo from Hayducka was not available by press time.
Moreira also claims his request to have a hearing conducted remotely because of the coronavirus pandemic was denied.
He also claims he was denied on Jan. 25 to have an attorney present during the Internal Investigations interview.
Jack Venturi, Hayducka’s lawyer, insisted the lawsuit is completely untrue.
“This is a bogus lawsuit filed by a problem child police officer who has received numerous disciplines in the past,” Venturi said, calling Moreira “belligerent.”
Venturi said the allegations against Hayducka were investigated by the Middlesex County Prosecutor’s Office, “and the results demonstrated that there was no criminal conduct or administrative violations. He was exonerated of these false accusations. We are confident there is no merit to the civil complaint and he looks forward to addressing them in court.”
Venturi said Moreira knew he was going to be terminated, so he filed the lawsuit in advance.
“This is a well-respected police chief throughout the state of New Jersey who has an impeccable record,” Venturi said.
Venturi said Moreira has been going through incremental (graduated) discipline throughout his career, and although he has been given “numerous chances to improve” as well as additional training, “nothing has improved, and if anything, it’s gotten worse.”
Venturi said the lawsuit is at its beginning stages, with only the pleadings (complaint and answers) filed so far. He said the next steps would be to acquire discovery, then depositions.
There is no trial date set at this time.
Contact Jennifer Amato at jamato@newspapermediagroup.com
