To file a lawsuit against a public entity, a person must first file a tort claim notice.
HACKENSACK -- A police officer is suing the city, the police director, the police chief and other department leaders, saying he was subjected to discrimination because of mental health issues he suffered after a traumatic experience at work.
Michael Koenig, a 15-year-veteran of the department, says in the suit that after returning from leave for mental health treatment, he was moved from the detective bureau to patrol duty.
According to the suit, Koenig was diagnosed with acute stress disorder and post-traumatic stress disorder, stemming from a work incident. Since September 2022, Koenig says, he has suffered from flashbacks, nightmares, severe anxiety, stress and worry.
In November 2022, he checked into Sierra Tucson, a treatment facility in Arizona, for "unprocessed trauma and depression after a job-related shooting," the suit says.
While on a family and medical leave of absence during his in-person treatment, Koenig alleges, his job was posted by the defendants: Police Director Ray Guidetti, Police Chief Mike Antista and Benny Marino, a police supervisor.
People interested in the "vacant position" were asked to submit applications by Nov. 30, 2022, about two weeks before Koenig was set to return to work, the suit says.
His reassignment meant a change in his schedule from having weekends and holidays off to working 12-hour shifts, and he lost his stipend, according to the suit.
Antista allegedly told Koenig the change was due to a "manpower shortage," and when he complained, Antista told him: "Your assignment to the detective bureau was temporary and this is what we want," the lawsuit says.
The reason provided was a "mere pretext for discrimination and interference" with his protected rights, the suit says.
Koenig was later targeted for his participation in a vote of no confidence in the department's leadership at a December 2023 meeting of Policemen's Benevolent Association Local 9, the union representing the city's rank-and-file officers, the suit says.
In February, he was notified that he was the subject of an internal affairs complaint. Although the five charges against him were not sustained, Koenig says he was told an order from Antista barring him from access to City Hall unless he was responding to an emergency "remains in effect until further notice."
The next month, Koenig was again the subject of an internal affairs complaint. He was later cleared to return to work, but Marino ordered him to provide access to his medical file and threatened disciplinary action if he didn't comply, the lawsuit says.
Koenig alleges in the suit that Marino "engaged in a confrontational and stressful situation" with him to trigger an "episodic event as a result of his mental handicap" to further charge him.
Koenig filed an internal affairs complaint against Marino after the incident. Later, the Bergen County Prosecutor's Office took control of the department's internal affairs bureau and dismissed the allegations against Koenig. However, the lawsuit says, Antista's order barring him from City Hall is still in effect.
"It is always unfortunate when decorated officers, who have courageously served the community, have no other recourse but to initiate litigation against a municipality because of the actions of the department's administration," said Robert Tandy, the attorney representing Koenig.
Nick Bond, a city spokesman, declined to comment on the suit.
"The city's position is this is a personnel matter and will not be commenting further," he said in an email.
Koenig's suit is the latest in a slew of lawsuits filed by officers against the department since Guidetti took the helm in 2022.
In an amendment to a suit filed last month, an officer now says he faced retaliation after a story about his initial complaint appeared on NorthJersey.com.
In his suit, Brett McCarthy alleged retaliation and harassment because of his participation as a member of the police union in the vote of no confidence last year.
He says in the amended complaint that the day after the story appeared on the website on Oct. 31, he was placed on administrative leave, pending a fitness-for-duty examination.
He was asked to surrender his service weapon and "is currently in the process of seeking the mental health examination," the lawsuit says.
The actions of the department have "sent a clear message going forward to all future officers that if you publicly complain about these defendants, you will suffer direct retaliation for engaging in protected activity," McCarthy's suit says.