Two former Sparta police officers each awarded $700,000

Sparta — A case that has dragged on for the last decade came to a conclusion in the Sussex County courthouse last Friday when a jury awarded $700,000 each in compensatory damages to two former Sparta police officers, Arthur Monto and William Karasik. Monto and Karasik attempted to blow the whistle on two other officers they observed engaging in consensual sexual behavior in the department records room within full view of a public lobby in 2001. They claim their report was met with stonewalling at every level and even retaliation from fellow officers. According to their attorney, Louis Barbone of Atlantic City, they experienced ridicule, threats to their personal security and were shunned and ostracized by the rank and file, even after a previous record of impeccable service to the department. Previous scandal The incident came just after a very public scandal in 2001 in which a female officer was terminated for posing for nude photographs while on duty at the police station. Barbone said then-Chief Frederick Geffken sent out a department memo condemning the action and reminding personnel of the rules and regulations for proper behavior, so Monto and Karasik believed reporting what they observed was the right thing to do. But after two years of what the two officers claimed was ill-treatment from their fellow officers, inaction from the department and an unheeded request for intervention by then-Township Manager Henry Underhill through the township’s harassment policy, Monto and Karasik filed a lawsuit on March 10, 2003 under the Conscientious Employee Protection Act. How they got fired In February of 2004 the two were called into an internal affairs investigation regarding the unfair treatment they had claimed. Their lawyer, Barbone, said they were questioned by one of the officers named in their suit and they were advised by counsel not to answer the questions. The department cited the insubordination of Monto and Karasik in not answering questions from a superior officer, along with failure to perform duties, and conduct unbecoming, as reasons for subsequently firing them from the force in March 2004. Suit dismissed, then reinstated The original lawsuit brought by Monto and Karasik was dismissed in 2006, but reinstated after a successful appeal in December of 2007. In a 40-page opinion the appeals panel stated, “A jury could reasonably conclude that all the alleged incidents combined to demonstrate a pattern of retaliatory conduct that is specifically prohibited under the Conscientious Employee Protection Act.” This is precisely what the Sussex County jury found when they delivered a 6 to 0 verdict in favor of Monto and Karasik, on Friday, May 28, finding Sparta Township, former Police Chief Frederick Geffken, Officer Jeffrey Nafis and former Township Manager Henry Underhill liable in the case. One officer cleared Officer Mark Rozek had also been named in the suit, but Judge Edward V. Gannon found no cause against Rozek and dismissed the case against him last Wednesday before the case went to the jury. What’s next The jury is scheduled to reconvene today, Thursday, June 3, to consider punitive damages. Barbone said the purpose of awarding punitive damages is to deter and punish illegal and improper behavior. He said the jury will be instructed to decide if they feel malicious intent was involved in the case and punish the defendants accordingly. Historically, punitive damages are often higher than compensatory damages. Acting Township Manager David Troast said the township has insurance to cover the $1.4 million already awarded to Monto and Karasik, but punitive damages beyond that will not be covered. He said the township council held a special executive session on Tuesday night to discuss ongoing litigation in this matter and to confer with their attorneys on how to handle the potential punitive damages. Rough couple of months for department This decision, coming so soon after two Newton attorneys filed a federal suit in April against the township and the police department over the department’s DWI policies, has made for a trying couple of months for the Sparta Police Department and a busy time for township attorneys. Sparta Police Department Public Information Officer Sgt. John Paul Beebe said he is under court order not to comment on the case of Monto and Karasik as he was called as a witness in the matter. John Bowens, defense attorney for Sparta Township, did not respond to a request for comment by press time.