Zisa Speaks Out

This was in Hackensack Chronicle today.

http://www.northjersey.com/news/78493717.html?c=y&page=2

Kudos to Mark Bonamo for getting the interview.

With regard to the pending internal affiars matter:
"It really doesn’t matter whether or not the guidelines are formally adopted," said Zisa. "What matters is the conduct of the officer, and the way that the investigation was handled by the department."

Any thoughts on this quote, or anything else in the article?


And on a related matter

Cop is denied subpoenas
Saturday, December 5, 2009
BY MONSY ALVARADO
The Record
STAFF WRITER
0 Comments HACKENSACK — City Manager Stephen Lo Iacono ruled this week that he will not issue subpoenas for an ongoing policeman's disciplinary hearing that were requested by the officer's attorney.
In his ruling, Lo Iacono, who is serving as the hearing officer in the proceedings, said he could not issue the subpoenas because he needed more information about the subject of the witnesses' testimony. He said that without the information, it would be "impossible to evaluate whether such testimony is relevant, privileged, or in any other way improper."
Patrick Toscano, who is representing Officer Anthony Ferraioli, said the ruling shows the city manager is not being impartial. He has requested that Lo Iacono recuse himself as the hearing officer.
"There is no doubt on this end that no matter what the evidence reveals, you will rule against my client,'' Toscano wrote in a letter addressed to Lo Iacono. "Your latest ruling denying my request to subpoena and produce witnesses who will undoubtedly clear my client of all of these specious charges is a vagrant disregard for his procedural and substantive due process rights."
Lo Iacono, who has an attorney advising him on the proceedings, declined to comment Friday, saying he cannot speak about the hearing.
Toscano wanted Lo Iacono to issue a dozen subpoenas calling witnesses to either testify or produce documents or videotapes for the hearing.
Ferraioli, who is suspended with pay, is accused of posing as an internal affairs captain in an online forum. Chief Ken Zisa, who is among those Toscano wants to subpoena, has filed several administrative charges against Ferraioli. The officer could lose his job if he is found guilty.
During the first day of hearings, Toscano said it was Ferraioli's girlfriend who was responsible for the postings, and that the case should be dismissed.
The subpoena issue dates back to September, when Toscano sent the subpoenas. But Philip George, the counsel representing the Hackensack Police Department in the matter, objected to the subpoenas, saying they were improperly issued and sought irrelevant information. Last month, Lo Iacono quashed the subpoenas, writing in his opinion that Toscano lacked the authority to issue them, and that only the hearing officer can send them in such cases.
The decision prompted Toscano to ask Lo Iacono to serve the subpoenas.
This is the second time that Toscano has asked Lo Iacono to withdraw from hearing the case. In September, Toscano argued that Lo Iacono was in conflict because as city manager he has a working relationship with Zisa. But Lo Iacono denied the motion, telling Toscano he would be fair.
Ferraioli's disciplinary hearing is scheduled to resume at 9 a.m. on Thursday.
E-mail: alvarado@northjersey.com
HACKENSACK — City Manager Stephen Lo Iacono ruled this week that he will not issue subpoenas for an ongoing policeman's disciplinary hearing that were requested by the officer's attorney.

In his ruling, Lo Iacono, who is serving as the hearing officer in the proceedings, said he could not issue the subpoenas because he needed more information about the subject of the witnesses' testimony. He said that without the information, it would be "impossible to evaluate whether such testimony is relevant, privileged, or in any other way improper."

Patrick Toscano, who is representing Officer Anthony Ferraioli, said the ruling shows the city manager is not being impartial. He has requested that Lo Iacono recuse himself as the hearing officer.

"There is no doubt on this end that no matter what the evidence reveals, you will rule against my client,'' Toscano wrote in a letter addressed to Lo Iacono. "Your latest ruling denying my request to subpoena and produce witnesses who will undoubtedly clear my client of all of these specious charges is a vagrant disregard for his procedural and substantive due process rights."

Lo Iacono, who has an attorney advising him on the proceedings, declined to comment Friday, saying he cannot speak about the hearing.

Toscano wanted Lo Iacono to issue a dozen subpoenas calling witnesses to either testify or produce documents or videotapes for the hearing.

Ferraioli, who is suspended with pay, is accused of posing as an internal affairs captain in an online forum. Chief Ken Zisa, who is among those Toscano wants to subpoena, has filed several administrative charges against Ferraioli. The officer could lose his job if he is found guilty.

During the first day of hearings, Toscano said it was Ferraioli's girlfriend who was responsible for the postings, and that the case should be dismissed.

The subpoena issue dates back to September, when Toscano sent the subpoenas. But Philip George, the counsel representing the Hackensack Police Department in the matter, objected to the subpoenas, saying they were improperly issued and sought irrelevant information. Last month, Lo Iacono quashed the subpoenas, writing in his opinion that Toscano lacked the authority to issue them, and that only the hearing officer can send them in such cases.

The decision prompted Toscano to ask Lo Iacono to serve the subpoenas.

This is the second time that Toscano has asked Lo Iacono to withdraw from hearing the case. In September, Toscano argued that Lo Iacono was in conflict because as city manager he has a working relationship with Zisa. But Lo Iacono denied the motion, telling Toscano he would be fair.

Ferraioli's disciplinary hearing is scheduled to resume at 9 a.m. on Thursday.

E-mail: alvarado@northjersey.com