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Ogdensburg council approves $348,514.81 settlement, reinstates police sergeant under conditions
Summary
The Ogdensburg Mayor and Council on Oct. 13 approved a settlement and general release with Sgt. Joseph Sanfilippo that provides $348,514.81 in back pay and reinstatement contingent on a fitness-for-duty exam, an internal affairs review and Prosecutor approval for rearming.
The Ogdensburg Mayor and Council voted Oct. 13 to approve a settlement and general release with Sgt. Joseph Sanfilippo that resolves disciplinary matters stemming from an incident on Nov. 22, 2017. The council adopted Resolution 73-2021 by roll call vote: Yeas — Alvarez, Cowdrick, Nardini, Nasisi and Slater; Nays — none; Absent — DeMeo.
Mayor George P. Hutnick read a prepared public statement explaining the decision and the legal constraints that shaped it. He said the Sussex County Prosecutor’s Office dismissed criminal charges related to the matter in early 2021, and under New Jersey law the Borough is obliged to reinstate an officer and provide back pay after such dismissals. "The Borough will pay Sgt. Sanfilippo $348,514.81 in back pay," the mayor said when summarizing the settlement terms.
Under the settlement’s key terms, Sanfilippo is to be reinstated to the Ogdensburg Police Department subject to a successful fitness-for-duty examination and internal affairs investigation, and provided he is approved for rearming by the Prosecutor’s Office. The settlement also includes Sanfilippo agreeing to a 90-day suspension without pay and a release of the Borough from any claims, including any claim for legal fees.
Outside counsel Joseph Maddaloni, on the phone, told the council the mayor’s statement "basically set down the decision-making process and...the members of the Governing Body review and analysis of the situation." The resolution authorizes the Mayor, the Borough CFO and the Borough Clerk to take all action necessary to execute and implement the settlement agreement.
Mayor Hutnick said the Borough’s CFO, Michel Marceau, is working with auditors and attorneys to seek Local Finance Board approval in Trenton to bond the cost of the back-pay award and spread the expense over multiple years to reduce tax impact; he cautioned there is no guarantee the board will approve that plan, and if it does not the Borough would pay the award over a 36-month period.
The council limited further public comment on the matter "until further instruction is given by the Borough’s attorneys," the mayor said. The council approved the settlement at the meeting and authorized staff to complete the required implementation steps.
