Excessive Discipline Protection Database

EdPDLaw extends a special thanks to all the Departments who attended the South Jersey Corrections Seminar on December 7, 2011 and made it a success! Look for the North Jersey Seminar in May 2012.

PRESIDENT OCASIO'S INTERVIEW	PREGNANT OFFICERS STILL AT RISK	INTERNAL AFFAIRS STALKING	CONFIDENTIAL AIDE EADY

EdPDLaw Editorial
February 8, 2012

County Attorney's Reporting Charges of Sexual Misconduct Sustained Against Ricardo Aviles Title Unknown at this time for Hudson County Director's Cousin

The long awaited decision in the Ricardo Aviles matter has been issued. The attorneys for the matter have issued a statement that the charges against Aviles have been sustained and that he has been disciplined. His office in Internal Affairs has been emptied and he is currently referring to himself as a "Sergeant" in Work Release. The Personnel Department from the Correctional Facility has stated that he received a "demotion". An OPRA request submitted to the Hudson County Personnel Department on January 30, 2012 for Aviles title and salary information remains over due and unanswered. Aviles has made application to the Superior Officers Union for membership as he can no longer be a part of the Internal Affairs Bargaining Unit which represents investigators.

However, Civil Service still has him listed as a Sr Investigator Secured Facilities, a promotion given to him in August of 2008. It was already revealed that there was no test given prior to 2008. In fact, no one knew about the promotion. The test was announced on October 1, 2010. Ricardo Aviles took the test placing tied for 2nd.

Prior to Aviles "temporary" assignment to Work Release, there was no Sergeant's position in Work Release. The County has now created a new position in Work Release. They assigned Aviles there without posting the position to the other Sergeants. They also did not promote from the Sergeants list to fill the newly created position which should have been opened up to the PBA members on the current list.

Civil Service Rules state:

4A:4-7.9 Resignation/New Appointment

(a) A permanent employee who is appointed from an open competitive list to a title in a different organizational unit within the same governmental jurisdiction shall be considered to have resigned from the previous permanent title.

(b) The employee may request placement on the regular reemployment list for the previous title.

In other words, Aviles surrendered his position as Sergeant when he accepted the promotion to Sr Investigator by signing the CAMPS form in 2008. If he did indeed receive a demotion, he can no longer be a superior officer and his correct title is either Investigator or Corrections Officer. He can request to be placed on the regular reemployment list for Sergeant, if one exists. This presents another issue for Aviles, he is currently on the lieutenants promotional list.

It is anticipated that the County will try to say that his appointment was provisional, however, N.J.S.A. 11a:4-13(b) states:

11A:4-13. Types of appointment.

11A:4-13. Types of appointment. The commission shall provide for the following types of appointment:

a. Regular appointments shall be to a title in the competitive division of the career service upon examination and certification or to a title in the noncompetitive division of the career service upon appointment. The appointments shall be permanent after satisfactory completion of a working test period;

b. Provisional appointments shall be made only in the competitive division of the career service and only in the absence of a complete certification, if the appointing authority certifies that in each individual case the appointee meets the minimum qualifications for the title at the time of appointment and that failure to make a provisional appointment will seriously impair the work of the appointing authority. In no case shall any provisional appointment exceed a period of 12 months;

In other words, if the County asserts that he was "provisional" they needed to call for the test by August 15, 2009. They waited 26 months to call for the test. So that makes him a Sergeant prior to the demotion, so now he is a corrections officer?

As far as Work Release goes, an assignment to Work Release is a prime position outside of the jail, it is in no way a disciplinary assignment. Numerous officers apply and grieve to receive the position where they are not inside the jail. It is probably a better assignment than Internal Affairs. The County has taken the position that assigning Aviles inside the jail would be "too dangerous". Yet, they have no problem assigning their pregnant officers not only inside the jail but inside the housing units with 60 or more inmates. Maybe they could assign a pregnant officer to protect Aviles......

So how does all this go undetected for so long? We have not yet determined who came up with the idea but we have determined that it could not have been executed without the assistance and cooperation of Correctional Department Personnel Officer Anthony Staltari who prepares, files and guards the CAMPS forms. He provides information from the Corrections Department to both Civil Service and the Hudson County Personnel Department. As long as neither Department is aware of what the other is doing, everything appears to be ok. In fact, the County Personnel Department has been kept in the dark the entire time and as of February 18, 2011 only shows Aviles title as Sgt. County Corrections since 4/19/2003. I guess Staltari forgot to inform his supervisors of the change..............

So what is Aviles' current title? Your guess is as good as mine. Apparently, if you are part of the Good Old Boys network you can create your own. EdPDLaw is currently looking into the questionable title and pension information supplied for Confidential Aide Kirk Eady who has dubbed himself a "Deputy Director".

EdPDLaw Editorial
November 9, 2011

Hudson County Holds 2nd Half of Departmental Hearing for "Sergeant" Ricardo Aviles Today

EdPDLaw keeps a watchful eye on Hudson County to see if they will in fact discipline Sr. Investigator Ricardo Aviles as the 2nd half of his Departmental Hearing was held today in Secaucus. Hudson County has hired Guttenberg Mayor Gerald Drasheff to act as the Hearing Officer. The 1st day of the Hearing was held on October 12, 2011, when the victim and Risk Management Personnel testified. It has been reported that the victim was made to wait over 3 hours before her testimony was taken perhaps in hopes that she would be intimidated and leave.

The 2nd half of the hearing, originally scheduled for October 13, 2011 was moved to today as not to interfere with yesterday's elections. Witnesses called to testify today included members of the Internal Affairs Unit. Conveniently, the witnesses for the victim were never called and the decision will be made without the benefit of their testimony. It is unknown if Mayor Drasheff was made aware that he was only being supplied with the information Hudson County wanted him to have. Clearly he cannot make an informed decision without the testimony of all the witnesses and is manipulated by the partial evidence submitted. This will undoubtedly effect his decision.

Hudson County has wasted countless taxpayers dollars protecting Aviles. Sources report that his cousin, Director Oscar Aviles is pressuring to have the charges dismissed as he wants to promote his cousin to Lieutenant. Ricardo Aviles is number 7 on the Lieutenants list and Hudson County would need to bypass officers to get to him. The Union has already been approached and promotional paperwork already begun last week, before the Departmental Hearing was even convened today.

In the meantime, Aviles remains hidden in a choice position in Work Release and is still on the roster as a member of Internal Affairs.

EdPDLaw Editorial
September 16, 2011

Civil Service Records Confirm that "Sergeant" Ricardo Aviles has not been a Sergeant since August 15, 2008

EdPDLaw continues to unravel the web of deceit in Hudson County obtaining information directly from Civil Service which shows that "Sgt." Aviles has not been a Sergeant since August 15, 2008. Civil Service records show that 8/15/2008 was the last day that Ricardo Aviles held the title of Sergeant. On 8/16/2008 Ricardo Aviles' title changed to Senior Investigator Parole & Secured Facilities the title which he holds to date.

Apparently, no one let the Hudson County Personnel Department in on the change of title. Records obtained through OPRA Request directly from Hudson County show Aviles title as "Sergeant County Corrections" from April 19, 2003 to the present.

Even more suspicious, the County posted the position of Sr. Investigator last year and Aviles took the test for the title he already holds. He came out tied for second on the list. The list was recently certified and interviews were subsequently held. Why would Aviles test for a position he already holds? How did Aviles test to be a Lt. if he is not a Sgt.? Who is helping him? He could not call for a test, take and pass a test, interview and promote himself.....

When did they post the Announcement for the test in 2007? Did they post the test? Who took it? How did they pay him in 2010 for attending a FOP Convention as a representative of the Superior Officers Union when he has not been a Superior Officer since 2008? I'm getting confused!

According to Civil Service he is required to attend the Academy and be qualified to carry a firearm. According to his schedule, he has not attended the Academy and is on the "Do Not Arm List".

EdPDLaw Editorial
September 12, 2011

EdPDLaw files Suit for the Release of the Aviles Investigation, Hudson County continues to Cover for Director's Cousin, Sgt. Ricardo Aviles by Creating a Position in Work Release and Allowing Him to use over $9,700 worth of Vacation & Personal Time He Does Not Have

EdPDLaw has filed a Complaint with the Court to obtain a copy of the Investigative Report issued by the law firm of LeClair Ryan. LeClair Ryan was hired by the County of Hudson to investigate the allegations against Sgt. Ricardo Aviles of sexually assaulting a female vendor in May of 2010. According to the itemized billing obtained by EdPDLaw, the investigation lasted a year and cost the taxpayers in excess of $50,000.

Upon information and belief, Sgt. Ricardo Aviles was brought up on disciplinary charges on or about August 5, 2011. A Loudermill hearing was held the following week and the hearing officer (paid by the County) deemed Sgt. Ricardo Aviles fit for duty and placed him back to work after a brief suspension. He is currently on the "Do Not Arm" list and it is unknown at this time if he was made to submit to a Fitness for Duty Exam and cleared by a physician to return to work or if the Hearing Officer took it upon himself to make that determination. His Schedule indicates that he used sick leave for the 2 weeks preceeding his suspension and as such should have been required to submit a physician's certification as to his fitness for duty.

Sgt. Aviles has been removed from Internal Affairs and hidden in Work Release pending his Departmental Hearing which is expected to convene later this month. Currently Work Release has 2 full time Corrections Officers, 1 Lieutenant, a Clerk and a Managerial Specialist that retired and was brought back as a Consultant. The breakdown of their salaries is as follows:

Officer A 2010 Base Salary $ 82,561

Officer B 2010 Base Salary $ 82,761

Lieutenant 2010 Base Salary $110,280

Managerial Specialist 2009 Base Salary $ 76,438

Civilian Clerk 2010 Base Salary $ 27,172

TOTAL $379,212 TOTAL INMATES TO BE MONOTORED: 7

Work Release, prior to the addition of Sgt. Aviles, was costing the County approximately $379,212 a year. They monitor 5 bracelets and 2 inmates on work release for a total of 7 inmates. Clearly, there was no need for additional personnel in Work Release. Sgt. Aviles adds another $101,580 to the yearly expense of Work Release bringing the total to $480,792 not including overtime, to monitor 7 inmates.

Had the County planned or intended to assign a Sergeant to Work Release, they would have no need to bring the retired Managerial Specialist back as a consultant.

There is every indication from the County's prior handling of Sgt. Aviles and his relationship with the Director of Corrections that they will attempt to exonerate Sgt. Aviles at the Departmental Hearing and promote him. He is currently on both the Lieutenant's Promotional List and the promotional list for Sr. Investigator.

EdPDLaw has obtained a copy of Aviles Schedule for 2011 which indicates that he was in fact suspended on August 5, 2011 through August 12, 2011. The County either hired a Hearing Officer or used a County employee as a Hearing Officer to issue a finding allowing Sgt. Aviles to continue to work while waiting for his Department Hearing instead of remaining on suspension. The County does have the option of hiring a retired Judge to use as the hearing officer as opposed to using one of its employees who may be subject to retaliation.

According to the Schedule, Sgt. Aviles' last suspension day was Friday, August 12, 2011. On Monday, August 15, 2011, the schedule shows Aviles back on the payroll, on vacation for the next 5 days. The problem is, he has no vacation time left. According to records supplied by Hudson County, Sgt. Aviles is allotted 25 vacation days per year. He used his 25th vacation day on June 21, 2011. August 15th was Sgt. Aviles' 32 vacation day this year. As of September 1st, 2011 Sgt. Aviles has used 37 vacation days this year. In other words, so far this year, he was paid for an additional 12 vacation days which he does not have.

Sgt. Aviles has also used 14 of his 15 sick days. He was out sick for 11 consecutive days, from July 18, 2011 through August 4, 2011. It is unknown whether, per Department Policy, he supplied a doctor's note for this absence.

EdPDLaw has also obtained a copy of Sgt. Aviles 2010 Schedule which indicates that Sgt. Ricardo Aviles used 33 vacation days in 2010. Again, according to the records supplied by the County, Sgt. Aviles is only allotted 25 vacation days per year. He used an additional 8 days that he does not have. He also used all his allotted sick time for the year, 15 days and 5 personal days. Sgt. Aviles is only allotted 3 personal days per year.

Similarly, in 2009, Aviles used 22 vacation days when he was only entitled to 20 days and 4 personal days when he should have only received 3.

As of this date, according to the Schedules, Sgt. Aviles has been paid for 22 vacation days and 3 personal days he does not have. Sgt. Aviles 2010 Base Salary is $101,580. That amounts to approximately $9,767.31.

EdPDLaw first requested the time records in October of 2010. Oscar Aviles, Sgt. Aviles cousin, was promoted to Director of Corrections in 2004. In 2005, 2006, 2007, 2008 and 2009, Sgt. Ricardo Aviles has not used one single sick day. EdPDLaw first requested time records in October 2010 and in November of 2010 Sgt. Aviles used his first sick day in 5 years. He then used his entire years allotment of sick days, 15 in total, in November and December of 2010. Prior to November 2010, Sgt. Aviles accumulated over 1000 hours of sick time which he will be able to cash out at retirement. Vacation time is not permitted to be carried over from year to year. Vacation time for officers other than Aviles, if not used during the year is lost.

It appears that Sgt. Aviles is permitted to do whatever he wants without any oversight. The Hudson County Department of Corrections docks their Correction Officers if they are even a single minute late. They are also subject to discipline and fines for being late that same minute. The Union has to grieve for its officers to be paid in accordance with their contract as the time keepers short the officers for the overtime they have worked.

Who is responsible for keeping the time in Hudson County? As a Sergeant, Aviles should be made to answer to at least 3 supervisors, a Lieutenant, Captain and Deputy Director, who is overseeing his time? Who is overseeing the Department of Corrections? Fortunately for Aviles, he answers to no one because his cousin is the Director of Corrections, Oscar Aviles. He does as he pleases and gets away with everything and anything because the County will go to any lengths to protect him.

As of this point in time they have:

Spent approximately $50,000 of taxpayer's money on a third party investigation which should have been conducted at no cost by the Prosecutor's Office.
Created a position for Aviles in Work Release which was already overstaffed.
Allowed him to be a no show at work and according to his schedule, paid him for vacation and personal time that he does not have over a span of 3 consecutive years for a total of over $9,700.

Currently, Hudson County does not have a Nepotism Policy in place.

Check back soon for the next Hudson County Editorial: Treatment of Pregnant Officers

EdPDLaw Editorial Update:

August 10, 2011

AS OF AUGUST 5, 2011 INTERNAL AFFAIRS SGT. RICARDO AVILES HAS BEEN SERVED WITH ADMINISTRATIVE CHARGES AND IS CURRENTLY SUSPENDED WAITING FOR HIS LOUDERMILL HEARING

EdPDLaw Editorial
July 17, 2011

HUDSON COUNTY SPENDING TAXPAYERS MONIES TOTALING $49,697.34 TO CONDUCT INVESTIGATION TO PROTECT DIRECTOR OF CORRECTION'S COUSIN

The Hudson County Legal Department has hired the law firm of LeClair Ryan to conduct an investigation into a criminal complaint filed by a female vendor in June of 2010. The victim reported that on May 25, 2010 she was sexually assaulted by Internal Affairs Sgt. Ricardo Aviles in his office while he was on duty. The Complaint was turned over to the Hudson County Prosecutor's Office who's only action was to issue a Cease & Desist Order.

Since June of 2010, no action has been taken against Sgt. Aviles. The frustrated victim contacted the Prosecutor's Office and repeatedly requested to file criminal charges both in August of 2010, and again in March of 2011. No charges were filed and no action was taken against Sgt. Aviles, the cousin of Oscar Aviles, Director of Corrections.

The victim repeatedly contacted both the Prosecutor’s Office and the Hudson County Department of Personnel requesting that some type of action be taken against her assailant. In June of 2011 she was told by a Detective in the Prosecutor's Office that the criminal investigation was on hold waiting for the outcome of the investigation by the private law firm. The Prosecutor’s Office did not bring charges against the accused, they did not present the case to a grand jury or take any action on the victim’s behalf.

Instead they opted to not bring charges. They protected the accused by assuring that a jury would never hear the case or be afforded the opportunity to determine his guilt or innocence.

They relied upon an investigation conducted by a private law firm paid for by Hudson County, the accused's employer.

The matter was not presented to a grand jury. The victim was not afforded protections outlined in the Attorney Generals Standards for Providing Services to Victims of Sexual Assault. The Prosecutor would not prosecute the accused thereby protecting him.

The victim has cooperated with both the Prosecutor’s Office and the Hudson County Department of Personnel by supplying emails and text messages evidencing the harassment. The County hired the law firm of LeClair Ryan to conduct an independent investigation into the allegations at a price of $150.00 an hour per investigator and assigned two investigators to conduct the investigation. At times there were up to five attorneys billing on the investigation. The investigation should have been conducted by the Prosecutor’s Office or other appropriate law enforcement agency.

As of June 1, 2011, Hudson County has incurred $49,697.34 in legal fees owed to the law firm of LeClair Ryan to conduct the investigation into the matter. The County used taxpayer’s monies to pay a law firm to conduct a criminal investigation which should have been conducted by the Prosecutor’s Office at no expense to the taxpayer.

During this same time period, on June 10, 2010 it was reported to Abe Antun, County Administrator that Sgt. Aviles used his County vehicle to transport fencing material to his home in Jackson, NJ. He overloaded the vehicle thereby damaging same. A tow truck had to respond to Jackson and tow the vehicle back to Hudson County, the towing and repair costs on the taxpayer. This also was referred to the Prosecutor's Office with no disciplinary action forthcoming.

It is doubtful that this special treatment would be afforded to any other than the Director of Corrections cousin. To add insult to injury, the accused is currently on a promotional list. The County, instead of bringing criminal charges or some type of disciplinary action against the Sgt. has had the promotional list certified and is preparing to promote the accused in the very near future.

The County, including the Director of Corrections, Prosecutors Office, and Legal Department, continuously look the other way when it comes to Sgt. Aviles, refusing to discipline him and hold him accountable for his actions. Ironically, they have him assigned as a supervisor in the Internal Affairs Bureau where he is responsible for enforcing the Rules.

Currently, Hudson County does not have a Nepotism Policy in place.