NAACP Files Support in Lawsuit Against West Orange Police Department

The Oranges and Maplewood chapter of the National Advancement for the Association of Colored People has filed support in a lawsuit of a black police officer who claims he did not receive equal treatment by the West Orange Police Department.

The officer, Eldridge Hawkins Jr., now mayor of Orange, filed a lawsuit in 2007 in New Jersey Superior Court, claiming he scored higher on a civil service test than a white officer in the West Orange Police Department, where he has been an officer for six years. As a result, Hawkins claimed he was passed over for salary increases of $5,000.

In the NAACP's July 27 Amicus Curiae brief made available Monday to Patch, it states Hawkins is a member of the NAACP of the Oranges and Maplewood. The brief alleges Brad Squires, a white officer, was given preferential treatment and a salary increase, violating the "Rule of Three." The Rule of Three allows an appointing authority to choose from one of the top three eligible from an open competitive or promotional list (taking into consideration veterans' preference), according to the State of New Jersey's website.

Hawkins was hired July 12, 2004, four days after Squires, though Hawkins allegedly scored higher on the initial exam.

Hawkins ranked 23 on the exam, while Squires ranked 26. The lower number is the better marking.

The different hire dates mean if both officers were to test for the sergeant's exam and both scored the same, Squires would get the job because of the earlier higher date.

Tom Puryear, president of the local NAACP, said the resolution speaks to the organization's concerns.

"(Hawkins) is exercising his First Amendment rights and we're seeking from our national office, permission to do an Amicus Curiae so that we can gather some additional information and assist him in the case itself," he said. "We're concerned with what may be happening specifically with patrolman Hawkins, but also what may be happening with others in the police department."

The NAACP document states, "Upon filing the complaint ... Eldridge Hawkins alleges he was caused to suffer a hostile work environment resulting in his required leave of absence based on his race and complain of discriminatory treatment." Hawkins currently is on leave from the police department.

The document also states other officers, including former Officer John Feder, of West Orange Police Department, who was responsible for the oversight, investigating and recommendation of police recruits, contributed to an intolerable work environment. The NAACP brief claims Feder frequently used the n-word on and off duty. Feder, known by his comic stage name "Club Soda Kenny," left the force in 2006 as an agreement with the township after township officials were mailed DVDs of his acts, which allegedly were racist and about pedophilia and bestiality, according to officials.

Hawkins, who was elected mayor in 2008, would not comment specifically on the case.

"I will not discuss the details of the case or any criminal investigations into West Orange officials based on the advice of my attorney," he said. "However, I am grateful for the support of the NAACP and the resolution they passed that shows the lawsuit is not simply about an individual's dispute with the West Orange Police Department, but rather a larger civil rights issue."

Hawkins also said he's receiving support from the West Orange Patrolmen's Benevolent Association.

"Because this matter is in litigation, I have no further comment except that the documents filed on my behalf speak for themselves," he said.

A letter dated July 3, 2007, from Chris Jacksic, president of the township's PBA, states, "The PBA was told that no officers with prior experience would be starting higher than first step. ... It appears now that the Township does not wish to remedy this matter."

A message left at the township's PBA office was not returned.

West Orange township officials, including the West Orange Police Department's special attorney assigned to this case, said they could not comment on current court matters.