PASSAIC

Judge reinstates Wayne cop fired for neglect of duty

Richard Cowen
NorthJersey
Wayne police officer Erik Ferschman can get his job back, a Superior Court judge says.

A Superior Court judge on Thursday reinstated Wayne patrolman Erik Ferschman, who was fired 11 months ago for failing to respond promptly to two emergencies and taking an unauthorized meal break during a 12-hour overnight shift in 2015. 

Judge Ernest Caposela reviewed the disciplinary proceeding conducted by the Wayne Police Department regarding Ferschman's alleged actions during the early morning hours of Sept. 21, 2015. The judge upheld some of the charges that led to the termination, but dismissed others, and reinstated Ferschman — but without back pay. 

In addition, the judge ordered the township to draw up a Last Chance Agreement. If Ferschman gets in trouble again, he can be dismissed. 

In his ruling, Caposela found that Ferschman had indeed neglected his duty that morning, but the punishment was overly harsh. The disciplinary proceeding was big news in town, and his subsequent termination drew a protest by 100 police officers at a Wayne council meeting late last year. 

"This court feels strongly that the dismissal was imposed to send a message to other members of the force and to appease the justified negative political and public pressure caused by these incidents," Caposela wrote in his opinion. 

Ferschman's attorney, David J. Altieri, said the judge gave a clear and detailed decision and that his client was "eager and happy" to get back to work. Altieri described Ferschman's reputation on the job as "impeccable" and said he had "a lot of support" among rank and file police officers. 

Wayne's attorney, Matthew J. Giacobbe, said no decision has been made whether the township will appeal the decision. Giacobbe said the judge's decision to reinstate without back pay and to require the Last Chance Agreement indicates he believes the violations were serious. 

"Clearly, Judge Caposela found that the officer's conduct was egregious," Giacobbe said. "In our estimation, anyone who is suspended for 11 months should be terminated." 

Ferschman, whose father is a retired Wayne police officer, joined the force in 2012. He was working patrol on the early morning of Sept. 21, a Sunday, which is usually a slow night. But two emergency calls sandwiched in between a dinner break would sidetrack his career.  

Around 12:14 a.m., Ferschman received a call to respond to an odor of gas coming from a home on Braemar Drive. At the time, Ferschman was in the parking lot of the Wayne Presbyterian Church on Ratzer Road talking to another police officer.  

Caposela agreed with a finding by the township Internal Affairs division that Ferschman kept talking for 12 minutes before he bothered to respond to the call. The odor turned out to be a skunk, but the damage was done. 

"Being involved in a conversation with a fellow officer and waiting twelve minutes in the parking lot before leaving to respond to the scene is a violation of police rules and constitutes a neglect of duty," Caposela wrote in his opinion.  

Later during the shift, Ferschman met three other officers for a meal break at the Park Wayne Diner, which was out of his assigned zone. The judge found that Ferschman failed to call in the meal break, which is a violation of department rules. 

While at the diner, a call came in around 3:07 that morning of a resident of a nursing home on Terhune Drive in cardiac arrest. Ferschman jumped in his patrol car and raced to the scene at 105 mph, the judge noted. 

When he got to the nursing home, the patient was dead. The judge noted the response as prompt and it was not the officer's fault that the resident had died. But returning to the diner, Ferschman raced up the street at close to 100 mph.

"There was no urgent call to respond back to the diner," Caposela wrote. "These speeds were unnecessary and inappropriate for any driver, much less an officer of the Wayne Police Department. Officer Ferschman's conduct in this regard constitutes misconduct and neglect of duty."