Lavallette Sues Prosecutor To Regain Control Of Police Department

LAVALLETTE, NJ — Lavallette Borough officials have filed a lawsuit against the Ocean County Prosecutor's Office, demanding the prosecutor's office relinquish control of its police department to the borough.

The lawsuit, filed March 15 in Superior Court in Mercer County, is asking a judge to order Prosecutor Bradley D. Billhimer to give control of the department to Police Chief Christian LaCicero, who was appointed chief in November 2022.

Billhimer announced the prosecutor's office takeover on May 19, 2022, less than two weeks before former chief Colin Grant left his position heading the department, taking leave for the months of his service.

"The departure of Chief Grant prior to his retirement date leaves the Lavallette Police Department without the appropriate level of direction and supervision," Billhimer said at the time. "It is imperative that we maintain the continuity of the Lavallette Police Department and ensure that the residents of Lavallette remain safe."

Billhimer's order taking over the department followed the December 2021 takeover of the Lavallette Police Department's Internal Affairs unit "after an audit of the department’s records," Billhimer said in May 2022. No information on the audit, its results or what prompted it have been released by the prosecutor's office.

LaCicero was appointed chief in November. He has been a police officer with the borough since 2005, and is the son of Mayor Walter LaCicero. He was one of two candidates for police chief based on the results of the New Jersey civil service exam; Sgt. Justin Lamb, a Toms River councilman, also was eligible to become chief. Lamb's father, Robert Lamb, is a Lavallette councilman.

Robert Lamb abstained during the vote to name a police chief, the Asbury Park Press reported, and Walter LaCicero had no vote as the mayor does not vote unless there is a tie.

The lawsuit says Christian LaCicero has had the mentorship of Anthony U. Carrington Jr., chief of detectives in the prosecutor's office, and Joseph F. Mitchell, the retired chief of detectives, since his appointment as chief. Mitchell was responsible for the day-to-day operation of the department.

It requests a judge turn operation of the department except for the internal affairs functions to LaCicero and the borough, and the ouster of the prosecutor's office staff from the borough's police headquarters.

According to letter included as exhibits in the lawsuit, Borough Administrator John O. Bennett III requested a transition plan from Billhimer to return the department to the borough's control in early October.

Billhimer's Oct. 28, 2022 reply to Bennett provides some insight into why the prosecutor's office took over the department.

"Your assumption that there "are few if any, serious concerns regarding the day-to-day operations of the Lavallette Police Department is misguided at best," Billhimer wrote to Bennett, who was appointed borough administrator after Grant began his leave.

"We are working to rehabilitate an agency that for all intents and purposes has been mismanaged for years," Billhimer wrote. "Law enforcement candidates and employees have been poorly screened, poorly trained, poorly managed and ill-equipped to perform necessary and legitimate law enforcement functions."

"Appointment of a Police Chief while we are in full command and control of the department will do little to bolster the credibility of the department," he wrote.

"An effective hiring process is the first step in and primary means of reducing and controlling inappropriate behavior and misconduct by employees. The best way to make good decisions in the hiring process is to conduct a thorough and complete background investigation of prospective hires," he wrote, citing a document from the state Attorney General's office.

"This has been a reoccurring issue for the Lavallette Police Department historically," Billhimer wrote, noting that the borough was set to hire or promote four police officers without conducting a background investigation.

"It is imperative that a proper background investigation is dutifully performed on all law enforcement applicants," he wrote.

The letter did not specify instances of misconduct.

Bennett, in a reply to Billhimer, challenged the prosecutor's statements, saying nothing had been presented to borough officials about ongoing misconduct or other issues. He said Mitchell had recommended promotions and hiring of the officers Billhimer referenced, and said

Billhimer in that Oct. 28 letter that the prosecutor's office “will continue to maintain full command and control of the Borough of Lavallette Police Department until such time as the Borough of Lavallette Police Department meets the standard of applicable OAG Directives, OCPO Directives, and if fully accredited.”

Lavallette is balking at the accreditation requirement, saying it would cost the borough nearly $50,000 initially and have recurring costs, with little benefit, and is not a requirement of police departments under state law, according to the lawsuit.

It was not clear how soon Lavallette's injunction request would be heard.