Wyckoff Police Chief Benjamin Fox was demoted to patrolman and suspended for 180 days.
WYCKOFF - Police Chief Benjamin Fox plans to appeal the Township Committee's 5-0 decision to demote him to patrolman over a 2014 email the chief sent appearing to advocate racial profiling in some instances.
Benjamin Fox (File photo) "We will be pursuing every legal means available to vindicate Chief Fox in light of the township's ongoing course of politically-motivated acts against our client," Fox's attorney, Arthur Margeotes, said in an email Wednesday night.
Fox was the subject of a March ACLU complaint and state investigation after an email surfaced in which the chief stated to subordinates that "profiling, racial or otherwise, has its place in law enforcement when used correctly and applied fairly."
Soon after, the N.J. Attorney General's Office and Bergen County Prosecutor launched a joint investigation to determine whether the chief violated state guidelines against profiling.
On Tuesday, Bergen County Prosecutor Gurbir S. Grewal said an investigation found that Fox violated a 2005 A.G. directive prohibiting New Jersey police from considering race or ethnicity when drawing conclusions about whether the person might be involved in criminal activity.
But Grewal noted there was no evidence Fox broke the law or that racial profiling was practiced in the department.
In addition to a demotion to patrolman, Wyckoff's governing body also recommends Fox be suspended without pay for 180 days. The chief currently earns about $175,000 a year, records show.
Demotion is not enough. #Wyckoff should fire Chief Fox and take a strong stand against racial profiling in policing https://t.co/slY2KJspWP
-- Udi Ofer (@UdiACLU) August 4, 2016
Attorneys for Fox have issued a lengthy statement, accusing Wyckoff Mayor Kevin Rooney and members of the Township Committee of misconstruing, for political purposes, the police chief's email.
They allege confidential information about the investigation was improperly leaked to the mayor and other officials, and are asking the prosecutor's office to investigate alleged misconduct.
"Mayor Kevin Rooney's actions to attack, suspend and injure Chief Fox are an attempt at pandering to the ultra-liberal," Fox attorney Britt J. Simon of Somerville said in a statement.
"And while (Rooney) may consider himself to exhibit strong values, the residents of Wyckoff should be concerned that their mayor would take steps to undermine the safety of the residents in order to appear politically correct," Simon said.
Simon also accused the mayor of blindsiding Fox with a Rice Notice moments after the chief returned home "from cancer surgery at the hospital for his wife."
A Rice Notice is used to inform employees in public positions that a closed-session meeting may be held that could adversely affect their position.
"This notice served as an indication the township committee would be taking administrative action against Chief Fox only an hour later," Simon stated. "After a closed door meeting, Wyckoff's mayor announced the chief would be suspended without pay and demoted."
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The attorneys pointed to Fox's 30-plus years in Wyckoff and Simon said "the steps taken by the township were exceptionally inappropriate."
Rooney on Thursday denied confidential information had been leaked and said township officials became aware of the investigation only after the Bergen County Prosecutor's Office issued a press release.
"There was no rush to judgment," Rooney said. "We allowed the process to play out with the A.G. and the prosecutor's office. When the process was finished, we acted accordingly."
"The penalty the Township Committee imposed is appropriate with the offense," Rooney said.
Rooney said the chief has five days to appeal the Township Committee's decision and ask for a hearing, which would be scheduled in 30 days.
Anthony G. Attrino may be reached at tattrino@njadvancemedia.com. Follow him on Twitter @TonyAttrino. Find NJ.com on Facebook.