NJ cop should be fired for misconduct, appeals court rules

A New Jersey appeals court has reversed a lower court decision that could have allowed a Bergen County police officer to get his job back after he claimed he was falsely accused of sexual assault.

The Superior Court of the New Jersey Appellate Division reversed a lower court’s decision to reverse the termination of the agreement Daniel Fugnitti, a Ridgefield police officer, This is evident from a statement released on Friday.

The appeals court ruled that the trial court erred in rejecting a hearing officer’s recommendation to fire Fugnitti for egregious misconduct that violated the high ethical standards required of police officers.

According to court documents, Fugnitti responded to a phone call at a hotel in May 2020 where he met a woman, obtained her phone number and began exchanging numerous text messages with her. Many of the messages are said to be of a sexual nature and were sent while the officer was on duty.

Surveillance footage showed Fugnitti’s vehicle at the hotel for more than an hour later that evening.

The woman alleged that during the visit, Fugnitti entered her room without permission, took off their clothes and sexually assaulted her.

In the following weeks, the woman made statements to police in which she referred to a “dirty cop” who had assaulted her. She later identified Fugnitti and claimed he paid her $2,000 not to report the incident.

An internal affairs investigation found that Fugnitti violated multiple sections of the Ridgefield Police Department’s code of conduct, including requirements to maintain high ethical standards both on and off duty and to report suspected criminal activity.

The hearing officer determined that Fugnitti’s misconduct was serious enough to fire him rather than discipline him.

However, the court overturned Fugnitti’s termination and instead imposed a 90-day suspension, saying there were issues with the hearing officer’s decision.

The appeals court disagreed, stating that the court had substituted its own discretion and that the termination was reasonable given Fugnitti’s “egregious conduct.”

The appeals court emphasized that police officers are held to a higher standard and that Fugnitti’s actions, including allegedly inappropriate contact with the woman while on duty, violate trust in law enforcement.

The court ruled that the officer’s dismissal was justified to maintain public trust, as Fugnitti’s misconduct was “unbecoming and egregious” for a police officer.

Fugnitti’s attorney, Patrick Toscano of Fairfield, said Friday that the appeals court’s decision was unfortunate.

“It is clear that we are extremely disappointed with the appeals panel’s decision,” Toscano said.

Fugnitti is exploring the possibility of appealing to the state Supreme Court, Toscano said.

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Anthony G. Attrino can be reached at [email protected]. Follow him on Twitter @TonyAttrino. Find NJ.com on Facebook.