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Montclair Officer Reinstated After Being Fired Over Alleged Domestic Dispute

By kcora on

A Superior Court judge ordered that a Montclair police officer be reinstated after he was fired in connection with an alleged domestic dispute.

On June 5, 2013, Officer Nebiar and a woman were involved in an alleged domestic dispute, where the officer was ultimately charged with aggravated assault and weapons offenses.

On June 7, the officer was placed on unpaid suspension, according to the decision.

The Essex County Prosecutor's Office months later notified Montclair that Nebiar was not indicted in connection with the incident.

In January of the following year, the police chief filed disciplinary charges against Nebiar in connection with the alleged domestic dispute, the decision states. After the December 2014 disciplinary hearing, Nebiar's was found guilty of "incompetency or inefficiency," leading to his termination.

However, Superior Court Judge Vicki A. Citrino found that a third psychologist, John Rotondi, informed township officials in November of 2013 that Nebiar was fit to return for duty. The judge also questioned why the alleged victim was never called as a witness at the disciplinary hearing.

In regards to timing, according to state law, the disciplinary charges against Nebiar should have been filed within 45 days of Sept. 27, 2013, so that the hearings would have taken place within 30 days from the date he was served a copy of the complaint. Charges were not filed until 105 days after delaying the hearings.

With all the findings in this case, Judge Vicki A. Citrino found "not a scintilla of evidence" that would justify the township's disciplinary charges against Officer Joselito Nebiar.

The township was ordered Monday to reinstate the officer and payback approximately $270,000 of the officer's wage for the period starting from the date of his suspension.