Matawan Council Reinstates Alston as Police Chief, Accepts His Retirement

Update, Nov. 28:

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The Matawan Borough Council voted unanimously to accept the retirement of James M. Alston, a Matawan police officer who was demoted two ranks from chief to lieutenant in July 2011. The action took place during a special meeting of the governing body Tuesday night.

As per the terms negotiated for his retirement and the settlement of pending lawsuits he had filed against the borough, Alston was also reinstated to the rank of police chief, according to borough attorney Pasquale Mena.

Alston will be paid retroactively to Oct. 1, 2011 to account for his reinstatement as chief, which amounts to $57,900, according to Mena. His retirement will be effective as of Dec. 1, 2012. Alston will not receive any additional money for the settlement of pending lawsuits and he is no longer allowed to file suit against the borough as per the agreement, Mena said.

Patrolman Andrew Marsala, who is a resident of Matawan and also serves as the Matawan PBA Local President, spoke at the special action meeting and encouraged the council to take quick action to restore the police department to full capacity.

"I know the ink is barely dry on this, and this has been a long, convoluted road of up to two plus years," Marsala said. "The next thing you need to do is put us back together by promoting Lt. [Jason] Gallo to chief, Lt. [Ben] Smith to captain and Sgt. [Thomas] Falco to lieutenant and then we can move forward as a group and work on a promotion process for sergeant."

Alston's career as a police officer in Matawan began in 1974 and has been shrouded by legal disputes since the 1990s.

According to an article in The Independent published in March 2010, Alston sued the borough in the 1990s, charging retaliation and discrimination against his nephew who had been denied a position within the department. In 1996, the lawsuit was settled and Alston received $360,000. In 2000, Alston filed a lawsuit alleging a racially-motivated decision by the department to bypass him for promotion. Two years later, he was promoted to lieutenant and in July 2008 he was promoted to police chief.

In June 2010, the borough filed disciplinary charges against Alston that included allegations of incapacity, misconduct, disobedience of the rules and regulations set forth by the government for the police department and force, conduct unbecoming of a public official, neglect of duty, incompetency, inefficency or failure to perform duties, and misuse of public property including motor vehicles. On March 16, 2010, Alston was placed on paid administrative leave.

Several of the borough's charges stemmed from an October 2009 incident, when Alston allegedly responded to a large crowd on Orchard Street while off-duty and encountered a man he had previously arrested on drug charges, Anthony Gray. Gray accused Alston of allegedly imprisoning him without cause and flicking cigaratte ashes on him.

The charges were investigated by the Monmouth County Prosecutor's Office, but were . The borough held it's own administrative hearing, which resulted in Alston's demotion and ten-day suspension without pay in July 2011.

In response to his demotion, Alston filed a complaint against the borough dated July 20, 2011, demanding his reinstatement as chief. Matawan disputed the complaint, but the issue was not settled until his retirement was accepted.

Shortly after Alston filed the complaint, in September 2011, on behalf of Gray, accusing the officers and officials of violating Gray's Fourth and Fourteenth Amendment rights. Those charges were later dropped by Gray and the borough gave him $7,500.

In May 2012, Alston filed a federal suit against the borough, alleging several instances of age and race discrimination throughout his career and asking that his case be heard by a jury. According to Mena, that case was settled as of Alston's retirement.

The full terms of Alston's retirement and the settlement will be available for public viewing as of Wednesday morning, Mena explained.

Patch will continue to update this story as additional information becomes available.

Related Matawan-Aberdeen Patch stories:

• Matawan Police Chief Demoted (July 11, 2011)
• Demoted Chief's Lawyer Vows Fight (July 12, 2011) 
• (July 29, 2011)
• Matawan Appoints Attorney to Answer Demoted Chief's Complaint (Aug. 4, 2011)
• Matawan Disputes Demoted Police Chief's Complaint (Sept. 9, 2011)
• (Feb. 1, 2012)
• Demoted Police Chief Files Federal Lawsuit Against Matawan (May 7, 2012)

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