Union supporter, critic of chief prepares to sue

A Parsippany police officer has notified the town he intends to sue the department and township for $2.5 million, claiming he was passed over for a promotion because of his support for the police union and criticism of the chief, according to a notice of claim filed Monday.

Detective Sgt. Joseph Mongiello, a 23-year veteran of the police force, said he has regularly associated with union officials, has been supportive of grievances against the police department and was involved in a no-confidence vote against Police Chief Michael Peckerman, the notice states.

Mongiello claims he was improperly passed over for a lieutenant's post in February and, after filing an administrative appeal in July, suffered "retaliation, harassment and numerous adverse employment actions."

In one instance, in September, Mongiello was assigned as a roving supervisor at a fall festival, when he was "reprimanded for talking," states the notice, which is required before a lawsuit can be filed. It claims Parsippany Mayor Michael Luther instructed a sergeant to tell Mongiello and another officer "not to stand in the street and talk to each other."

Mongiello also claims the department launched a "bogus internal affairs investigation" against him for insurance fraud related to a defensive driving course he took in August.

He not was properly informed of that internal affairs probe, and only learned of it in passing from a captain who should not have been aware of such confidential information, the notice states.

In October, Mongiello was told he would be reassigned to a patrol division next year to fill a vacancy.

"He really had been treated unfairly and I think they really need to look long and hard at what they're doing in that police department in that town," said Gina Mendola Longarzo, the attorney for Mongiello.

Luther said, "The matter will be referred to counsel for appropriate response."

Peckerman called the notice "meritless."

The legal notice also names Luther and the township personnel director as possible defendants.

Some of the possible counts of a lawsuit cited in the notice include violations of constitutional rights and the Conscientious Employee Protection Act, otherwise known as the whistleblower law, as well as intentional discrimination and infliction of emotional distress.

Jim Lockwood may be reached at jlockwood@starledger.com or (973) 539-7119.