and actions pertaining to this issue constitute Criminal Misconduct under N.J.S.A. 2C: 30-2. In order to be of assistance in sorting this out, I provide a breakdown of possible scenarios in regards to Director Alicea’s hiatus from the UCPD:
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The manner, in which the Union City Police Department (UCPD) recorded Director Alicea’s daily attendance status, must also be fully investigated. Director Alicea was still a sworn member of the UCPD for nearly (8) months, while simultaneously being compensated as the City’s civilian position of Director of Public Safety. Presuming, Mr. Alicea was using “vacation time” accrued that would also be improper under the state mandated statute of only allowing a public employee to carry over a total of (1) year’s accrued vacation time into the succeeding year. This is pursuant to N.J.S.A. 11A6-3(e). Another scenario to be investigated is if Mr. Alicea was using “sick time or terminal leave time” depending upon his collective bargaining agreement (CBA). This again, would be unethical and improper as Mr. Alicea was clearly not “sick” and was still being paid by the City of Union City, while also being paid to perform his current title of Public Safety Director by the City of Hoboken. If either the former or the latter scenario’s are found to exist Mr. Alicea would be engaging in the practice of receiving compensation, benefits, etc. from two or more sources in a way regarded as unethical and in a government job commonly referred to as “double-dipping” and may also constitute Official Misconduct (2C: 30-2) and pension fraud. The final scenario that could apply to Mr. Alicea’s hiatus from the UCPD is a “leave of absence.” Civil Service Law N.J.A.C. 4A: 6-1.10 provides that: 2. An appointing authority may grant permanent employees a leave of absence without pay for a period not to exceed one year. A leave may be extended beyond one year for exceptional circumstances upon request of the appointing authority and written approval of the Department of Personnel.
Again, assuming this is the case Mr. Alicea would also not be in compliance with N.J. Pension Law which states “unpaid” leaves of absence for personal reasons are only allowed to purchase a total of “three months” of service. If Mr. Alicea were on a unpaid leave of absence, he would have been engaging in pension fraud for approximately (5) months, by continuing to pay into his pension, while engaging in “double-dipping.”
The final issue is a “leave of absence with pay”, which would be completely inappropriate in this case, besides the possibility of again engaging in “double dipping” and may also may violate the criminal statute of Official Misconduct (N.J.S.A. 2C: 30-2) in that Mr. Alicea was receiving full pay and benefits from one municipality for essentially not working, and simultaneously being compensated by the City of Hoboken for performing the duties of a civilian Director of Public Safety, thus knowingly obtaining an illegal “benefit” by a public official. Either way it is looked at, this matter must be fully investigated to determine the merits of exactly what transpired in regards to the (8) month hiatus from the UCPD, and also the dual employment issue with regards to the City of Hoboken. The taxpayers of both municipalities at least deserve an explanation and conclusion to this matter, as well as what action will be taken. In closing, I find it appalling that Director Alicea would engage in this type of malfeasance, especially in light of all the recent controversy in regards to the fiscal condition of the N.J. State Pension System and exposure of those guilty of “double dipping” in government jobs. It is completely unacceptable and sends the wrong message when a Director of Public Safety is 2