The list of troubling issues with regard to suspended SWAT Lt. Angelo Andriani is growing for the city.
An administrative hearing that may result in Andriani’s termination from the Hoboken police force due to several allegations of misconduct is wrapping up, and the city is now conducting a secondary investigation into a disturbance in Tampa International Airport last month in which the suspended officer allegedly flashed a police badge and ID.
Sources also expect the state to review Andriani’s pension after the hearing is complete. He reached 25 years of service while serving his suspension, but the state may disqualify his time while on suspension.
An investigation determined that Andriani was using an outdated police ID.
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The city has been paying a special prosecutor, Paul Condon of Hoboken, and a retired Hudson County judge, Arthur D’Italia, since the proceedings began in 2008, but city officials were not able last week to calculate how much money was spent on them so far.
Andriani stands accused of numerous specific administrative charges of misconduct, including making racist comments and gestures; threatening to shoot another officer; turning over weapons to Hooters waitresses in Tuscaloosa, Ala.; misdirecting SWAT team funds; and lying to a city investigator, according to city officials.
The problems began to come out three years ago when five Latino officers sued Andriani and the Hoboken SWAT team for alleged racism. Photos of police partying on a humanitarian mission to Louisiana began to appear on the internet, including one with Andriani using a napkin to simulate a KKK hood.
Andriani’s hearing has crept forward since 2008 due to scheduling delays and other circumstances. Former City Attorney Steven Kleinman said before he left the city that the dragging pace of those hearings was one of his regrets during his tenure.
The city will attempt to recoup the suspension pay from Andriani, who has moved to Florida, if he is found guilty of the administrative charges, which carry a penalty of termination.
Whether Andriani has the money to pay back is another question altogether, new city attorney Michael Kates said.
Squabble over legality
While with the city, Kleinman said that Andriani was receiving pay because the police superior officers’ labor contract states that potential criminal activity must be present in order to suspend an officer without pay.
Andriani was originally suspended without pay by the city. But after the Hudson County Prosecutor’s office found no criminal actions, the city conceded payment and tried to expedite the administrative hearings. The proceedings took much longer than expected.
However, state civil service law, which is less stringent than the requirement in the police contract, would have allowed for Andriani to be suspended without pay.
New city attorney Michael Kates is claiming that the city did not need to heed the contract clause.
“State law takes precedence over the contract,” he said, although a source familiar with the case said several legal opinions sought by the former administration disagreed with Kates’ claim.
Kates said in an interview on Tuesday, “Maybe it was an exercise in too much caution [by the Roberts administration].”
The contract clause regarding suspension is being addressed in ongoing union negotiations, according to Zimmer, who is not participating in the negotiations.
According to a source familiar with labor law, there could have been several potential side effects had Andriani been suspended without pay, including the possibility that Andriani would have appealed the suspension and been put back on the force with pay until his administrative charges were heard, or until an appeal of the decision on those charges was resolved.
Why now?
The city said the determination that Andriani could have been suspended without pay two years ago was not connected to the most recent incident in Tampa.
When asked why the Zimmer administration didn’t attempt to remove Andriani’s pay before the incident in Tampa – since they are claiming grounds to suspend without pay were already in place – Kates said he hadn’t had time to fully comprehend the case in his two months with the city.
“We’re just wrapping our arms around this,” he said. “It takes a little time to get in gear.”
Zimmer said the final decision to suspend Andriani without pay was made by Police Chief Anthony Falco, who took over the force last year.
Had a different badge
The city said they will bring in a review officer and special counsel to handle potential secondary administrative charges against Andriani stemming from his alleged disturbance and badge-flashing in Tampa.
Kates said on Tuesday that Andriani’s badge, identification, and weapon were taken by former police Chief Carmen LaBruno when Andriani was suspended, but that Andriani was in possession of an outdated ID card and a second badge that he showed to security officers in Tampa.
Kates said the city wasn’t sure how or why Andriani had a second badge.
“I’m told you can buy them on Ebay,” he said.
A request for Roberts
Zimmer has released legal updates from the last two years regarding Andriani’s drawn-out administrative hearing on misconduct with the since-disbanded SWAT team.
Some of the most recent delays have been because former Mayor David Roberts refuses to testify even though he has been subpoenaed.
According to the correspondence, Andriani’s lawyer, Charles Sciarra of Clifton, believes Roberts can testify to having knowledge of some of the misconduct and not acting to reprimand the responsible individuals. Sciarra’s letter also claims Roberts “discussed with Andriani and/or members of the [Police] Department the possibility that Andriani might be under consideration for the Public Safety Director position,” which was a vacant position prior to 2008.
Roberts’ lawyer, Dennis McAlevy of Union City, said last week that subpoenas at an administrative level are “worthless,” and he and his client will wait for a superior court judge to order Roberts’ appearance.
However, an order has been signed, according to correspondence, but may not have been delivered to Roberts yet.
“Did they actually find the court house?” McAlevy quipped in response.
He said the allegations about what Roberts can testify to are ludicrous. He said Roberts was in no way avoiding testimony and has nothing to hide.
Timothy J. Carroll may be reached at tcarroll@hudsonreporter.com.