Mahwah September 19, 2012 THE VILLADOM TIMES IV • Page 5 Council backs discipline of public works employee by Frank J. McMahon The Mahwah Council has passed a resolution supporting the decision of the head of the Mahwah Department of Public Works to suspend a DPW employee for two days for using vulgar language when speaking to another department head. Marc Bracciodieta, a DPW employee who lives in the township, was suspended by department head Keith Hallissey following an incident that occurred in the police department. The incident followed the July 12 council meeting at which Bracciodieta spoke out against the plan by Mayor William Laforet and the administration to privatize the collection of recyclables in the township. Bracciodieta requested a public grievance hearing about the suspension before the council. At the beginning of that hearing, Council President John Spiech explained that the suspension was reviewed by DPW Superintendent Edward Sinclair and by the Township Administrator Brian Campion, both of whom agreed with the disciplinary action. According to Bracciodieta, he received a text message from Mahwah Police Lieutenant Stuart Blank, a longtime friend, the Saturday after the council meeting that criticized him in a threatening way for speaking out at that council meeting. The following Monday, he was asked to bring the mail to the police department and, after delivering it to Police Chief James Batelli’s office, he stopped in to see Blank and sat down at his desk to speak to him about the text message. Chief Batelli asked him to leave the building and continue the discussion with Blank after business hours. Bracciodieta acknowledged that he made a disparaging remark about the chief at that point, but he claims Batelli stood in the doorway and would not let him leave. Bracciodieta acknowledged that he then used vulgar language to the chief and, when asked what he had said, repeated the vulgar language adding the word “sir.” Bracciodieta said he submitted an open public records act request to obtain an audio/visual recording of the incident, but was told that would violate the safety and integrity of the police department building. Mahwah Township Attorney Andrew Fede confirmed there were no audio/ visual recordings made that day. Campion also confirmed that the camera in the police department did not record anything that day, but he declined to discuss the security of the police department in public. Mark McCart, a labor relations representative with the United Public Service Employees Union who spoke on Bracciodieta’s behalf at the hearing, told the council he felt the two-day suspension was excessive because Bracciodieta was provoked. McCart said a written warning would have been more appropriate. Hallissey told the council, however, when he was informed of the incident by Batelli, he met with Bracciodieta and McCart, and heard Bracciodieta’s version of the incident in which he was told Bracciodieta felt threatened by the chief. He later told Bracciodieta that, if he felt threatened, he should have filed a complaint. He said he found both versions of the incident similar and he decided that discipline was necessary and warranted a two-day suspension because one day would be a token discipline. The council discussed the context of the text message Blank sent to Bracciodieta and some of the conflicting statements made about the incident. Spiech emphasized that the primary reason for the discipline was Bracciodieta’s behavior, and Campion emphasized that the issue is not why Bracciodieta was asked to leave the police department building but the manner in which he acted toward a department head which was inappropriate. Campion added that, if Bracciodieta had a complaint about another employee, he should have filed a complaint about hostile action in the workplace, and said he has not yet received that complaint. McCart asked Campion if he was aware of Bracciodie- ta’s belief that Batelli acted in an aggressive manner toward him. Campion responded that he questioned the chief about that, but no action was taken against the police chief. Council Members Lisa DiGiulio, John Roth, and Roy Larson all agreed that Bracciodieta was wrong for using that language when addressing the police chief which Larson said precipitated the incident. Roth added, “I’m not sure this is the only person who should be disciplined,” confirming later that he was not referring to the police chief. Roth explained that, while there were two versions of what happened during the incident, there was no evidence that the police chief did anything wrong, but Bracciodieta admitted he did something wrong and there was evidence of the threatening text message from Blank. Commenting on the message, Roth said it was a “very serious situation” coming from “a man with a badge and a gun.” Batelli spoke at the hearing and responded to Roth’s statement that Bracciodieta should not be the only one disciplined, saying he has begun an internal affairs investigation into the matter. He emphasized that he has been police chief for 11 years, during which time there have only been four grievance hearings. He said he has never threatened or intimidated anyone and, if he had, he would have been before the council for more grievance hearings during his time as police chief. Batelli told the council Bracciodieta repeated his vulgar language to him a second time and did not attempt to mitigate his action over the following 24 hours. The chief emphasized that there are consequences for this action and three levels of supervision agreed with the discipline the DPW employee received. The chief pointed out that, if a police officer had said what Bracciodieta said to him, it could have resulted in termination. Councilman Samuel Alderisio vouched for Batelli, saying he has never seen the chief get angry and yell at anybody or threaten anyone. “He is the calmest man I know,” Alderisio said.