Recordings on which suspended Englewood Cliff’s Police Chief Michael Cioffi allegedly says he’d like to kill the former council president should be released to the public, a superior court judge ruled.
Englewood Cliffs Police Officer James Tracy filed a lawsuit seeking the release of the tapes, in hopes that they will help his discrimination lawsuit, after he was denied access to the tapes during an Open Public Records Act request.
Judge Christine A. Farrington ruled Dec. 21 that although the recordings -- made by Cioffi with a borough-owned digital recorder while going about his work day -- were not produced in the normal course of borough business, they have since become part of the borough’s ordinary business.
“The recordings were made using a digital recording device owned by the borough. Most of the 120 recordings were made while Cioffi was on duty and in uniform as the borough’s chief and most recordings were of conversations that took place on borough property between borough employees,” she said.
“Although they were not sanctioned or made by the borough, the recordings were made by an agent of the borough, were made using borough property, and recorded conversations of borough employees,” Farrington ruled.
Tracy’s attorney, Justin Santagata, said Englewood Cliffs was being “disingenuous” by claiming the tapes were not government records while simultaneously using them for borough business.
“The way this was handled by the (town) was a disservice to any employee who happened to be on a recording and didn’t know it,” he said. “They tried to keep them confidential but used them in their own way.”
Santagata said he is working with the borough’s attorney to determine a date the recordings will be made available.
“The order says five days ... but that fell over Christmas,” he said. “It should be soon. It’s just not going to be five days.”
Mayor Mario Kranjac said he’s “all in favor of releasing the recordings.”
“It’s good for transparency and my anti-corruption campaign,” he said.
The OPRA request from Tracy requesting the recordings was denied by Borough Clerk Lisette Duffy, who herself has been the subject of disciplinary charges.
“I find it disappointing that someone had to go to court to (get the recordings),” Kranjac said.
“I’m happy that the tapes will finally be released to the public, so the public may hear for themselves recordings that include racist, sexually explicit harassing comments, and threats against my life made by Chief Michael Cioffi (and other officers),” McMorrow said in a written statement Wednesday.
The divided council, following failed attempts and public pressure, suspended Cioffi with pay for 120 days October 11. His mandatory retirement date, because of his age, is the end of this month.
He and three other officers also face administrative charges over statements that are contained within the 120 tapes.
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