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Beasley v. Passaic County5/26/2005
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
APPROVED FOR PUBLICATION
Submitted March 15, 2005
Before Judges Lefelt, Falcone and Kimmelman.
A jury found Passaic County liable for violating the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -8, when it retaliated against plaintiff, Julius Beasley, who was a supervisory officer at the Passaic County Juvenile Detention Center. After the jury verdict was reduced to judgment, the County appealed, advancing several reasons why the liability judgment should be reversed. These reasons included, among others, that the actions taken against plaintiff cannot be considered retaliatory under CEPA, and that the court erroneously admitted hearsay testimony by plaintiff that he was told by the Center's Director that "downtown" wanted him fired. Plaintiff cross-appealed, contending the motion judge erred by dismissing plaintiff's continuing violation, emotional distress, and hostile work environment claims, and the trial judge erred by bifurcating the trial, allegedly resulting in an insufficient damage award. We reject plaintiff's cross-appeal, but reverse the liability judgment because the jury should not have heard the hearsay testimony regarding "downtown's" intentions. Accordingly, we remand for a new trial on liability.
I.
Because plaintiff's dispute with the County spans several years, our recitation of the relevant facts and procedural history is, of necessity, lengthy. Plaintiff began work at the Center in 1982 as a juvenile detention officer. He advanced through the available employee ranks and by the summer of 1993, the County had promoted him to one of seven commander, or supervisor, positions.
Before he was promoted, plaintiff testified on May 19, 1993, before a public meeting of the Board of Freeholders regarding the unruliness of the juvenile inmates and the need for metal detectors, the poor quality of the inmates' food, lack of proper training for new officers, the mandatory sixteen-hour days and the need for more officers, an overly restrictive sick policy, and the County's failure to promote plaintiff to supervisor more expeditiously. At some point after the Board meeting, plaintiff claimed that the Assistant Director, James, plaintiff's immediate supervisor, told him that if he kept "going the way that you['re] going, you're never going to be able to get employment . . . in this County."
The Bergen Record newspaper covered plaintiff's testimony before the Board. The story quoted the Center's Director, Garigliano, as describing plaintiff as a "disgruntled employee," and plaintiff as complaining about the Director's poor supervisory skills, lack of support, playing favorites in promotions, and being the root of the problems at the Center.
Plaintiff claimed that after the Board meeting, he became the subject of retaliation and was investigated numerous times, which, on some occasions, led to charges. As a result of one investigation, for example, plaintiff was suspended for three days without pay. However, the charges were dismissed in April 1994, and the County restored plaintiff's lost pay. Then, plaintiff received an absentee/lateness warning in 1996. In April 1997, there was an incident where three inmates escaped from the facility. As a result, the County brought neglect of duty charges against four officers. When plaintiff provided character evidence on behalf of the officers, Garigliano and James asked plaintiff why the hearing was any of his concern. Garigliano viewed plaintiff's appearance as "against the administration."
In June 1997, plaintiff was suspended for conduct unbecomin
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