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BRADLEY BEACH — The Monmouth County Prosecutor’s Office [MCPO] released a highly critical report into actions by Bradley Beach Police Chief Leonard Guida that led to his retirement on March 1, saying he had become “an active hindrance” to the department he had led for 14 years.
The release was a redacted version of a report that the MCPO sent to Mayor Larry Fox, dated Jan. 18, after the MCPO conducted an internal affairs investigation on behalf of the borough. The investigation covered incidents dating from July 2022 to the highly publicized altercation with a Bradley Beach police sergeant at a traffic accident scene last November.
The investigation used body-worn camera [BWC] footage, interviews with officers and interviews with Mr. Guida to judge, in accordance with the department’s rules and regulations regarding the chief’s conduct.
“The findings outlined in this report illustrate unmistakably that over the previous year and a half, Chief Guida has been an active hindrance to the very law enforcement agency he was entrusted to lead,” said Prosecutor Raymond S. Santiago stated upon public release of the report.
“The picture the report paints is not pretty – but that is precisely why we felt that it was so vitally important to publicly release it,” the prosecutor said.
In the Jan. 18 letter addressed to Mayor Fox and Acting Borough Administrator Meredith DeMarco, the office of the county prosecutor detailed nine separate incidents involving Mr. Guida, dating back to 2022, which were investigated.
The MCPO found that in seven of nine cases examined, Chief Guida violated numerous Bradley Beach Police Department rules and regulations. In those seven incidents, the MCPO found Mr. Guida in 24 violations of department rules and regulations [some on multiple occasions], the Bradley Beach employee handbook, the MCPO early-intervention policy and several International Association of Privacy Professionals investigation procedures.
The chief, who had been on paid administrative leave since the November altercation, retired March 1. Citing the retirement, the MCPO report did not recommend disciplinary action against Mr. Guida. However, the borough council, in a special meeting on Sunday, approved a resolution that could result in such action.
The MCPO report conclusion read in part: “It is our understanding that Chief Guida is retiring as of March 1, 2024 and that he will be using accumulated leave time through his date of retirement. Given these circumstances, which presuppose that Chief Guida does not return to the Bradley Beach Police Department in any capacity and at any time, we do not make a disciplinary recommendation in this case.”
The report continued, “However, should those circumstances change, and Chief Guida express an intention to return to duty as Chief, or to not retire as represented, please contact my office as we will wish to provide a disciplinary recommendation to the Borough.”
COUNCIL COMMENTS
At the Wednesday, Feb. 28 council meeting, members of the Bradley Beach Borough Council had their first opportunity to address the Chief Guida Main Street incident footage from November and the disconnect between the mayor and council regarding the investigative report, which was withheld from the council for more than a month.
Each council member thanked the members of the police department for their continued effort in maintaining the safety of the borough and working through the negative circumstances Chief Guida’s retirement has brought to the department.
After commending the police department for valiantly working through difficult circumstances and excessive media coverage, Councilman John Weber stated, “It’s absolutely unacceptable to me that the MCPO wrapped up their investigation, sent their report to this town over a month ago and the administration did not share that fact with the council. It’s unacceptable that we had two meetings right here in this chamber in late January and the middle of February and the administration had this report and they didn’t say anything.”
“This administration is made up of more than the mayor and the BA [business administrator]; it’s made up of the men and women of this council. I was stunned to learn that this report came out such a long time ago and I feel like we have been left in the dark,” said Councilwoman Kristen Mahoney. “Our tight-knit community has been implored to turn a blind eye and improve itself in the wake of this scandal. Residents are left not only admonished for their outrage but now are forced to pay for yet another administrative misstep.”
Councilman Al Gubitosi chimed in, stating “Bradley Beach is a wonderful town and it simply doesn’t deserve this international black eye. We need to replace raw emotions and anger with logic and cooperation. The people I have the greatest respect for are the brave men and women in our Bradley Beach Police Department. They continue to do their jobs, protect the public, put their lives at risk, all while surrounded by this intense media scrutiny.”
Councilman Gubitosi went on to describe Mayor Fox’s withholding of the report from the council as “acting illegally” and stated the mayor’s actions “have only contributed to this media frenzy.” Councilman Gubitosi then made a motion for a vote of no confidence “in the mayor’s ability to perform his duties,” due to his disregard for the authority of the council.
The council voted 4-1 in favor of the vote, with Mayor Fox casting the lone vote.
“This has been a distressing time for the entire borough. We all need to work together, now twice as hard, to put the pieces back together. We want to create a Bradley Beach that’s better for our residents, employees, friends and visitors…I’m up to that challenge, along with the support of my fellow council members…I hope the healing process can begin and our police department can now successfully move forward under new leadership,” Council President Jane DeNoble said in conclusion.
Mayor Fox responds
Mayor Fox then addressed the council’s comments, the process of the internal affairs investigation into the chief, the involvement of the MCPO and the standards the department has maintained in light of the report.
“Clearly, this whole series of events is unfortunate for the individuals involved in our community. Hopefully we can move through this. I am grateful to the Prosecutor Santiago and Assistant Prosecutor Falco, along with the other people in the MCPO, that worked through this series of events and issues.”
Mayor Fox later continued, “I know everybody’s emotional about this. I can understand it. I’m not happy about it, either. Do I think we took the right steps in a timely manner? I think we did. People may not agree with that or not like it.”
A member of the public questioned Borough Attorney Greg Cannon in regard to the legal and practical matter of informing the council of a disciplinary report.
“The borough attorney for the town and none of the members of the council have seen any more information than you have,” Mr. Cannon responded. “I can tell you that I have been doing this for 14 years, and that’s not how you do this.”
SPECIAL COUNCIL MEETING
Members of the borough council held a special meeting on Sunday, March 3, without Mayor Fox and Councilwoman Mahoney, and passed a resolution adopting the investigation report and recommendations regarding a borough employee disciplinary matter.
Council President DeNoble, Councilman Gubitosi and Councilman Weber authorized the borough attorney “to send out appropriate notices advising the parties of the outcome of the investigation and to implement recommendations contained.”
The resolution declares the borough council wishes to take the appropriate actions in accordance with the disciplinary report.
“The report from the Monmouth County Prosecutor’s Office is shocking. The abuse documented about Chief Guida’s actions is appalling,” Council President DeNoble told The Coast Star. “Since the mayor, the acting business administrator, and the labor attorney withheld this report for 43 days, our emergency meeting on Sunday was necessary to comply with rules requiring the council to respond to the MCPO report within 45 days. This council will continue to fight for the rights of our employees and our residents. I hope that our police department, under new leadership, can begin a much needed healing process and that we can move forward as a harmonious community once again,” Council President DeNoble said.
Mayor Fox declined to comment on the matter.
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