31, he competed in another body building event in Pittsburgh, the hearing officer found. 28, Rodriguez called in sick with food poisoning and on Aug. 20, 2016 at Kean University, where they took photos and video of Rodriguez’ participation, according to Mizzone’s findings as hearing officer.įour days after the 2016 body-building event, Rodriguez returned to work, according to Mizzone’s findings.
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The records show that Rodriguez started working as a Paterson police officer in 2003 and that he was making a base salary of $93,000 in July 2016, plus another $4,000 in longevity and night differential pay, when he went on injury leave prior to the state body-building event.Īt the time, officials in the police department had suspicions that Rodriguez was abusing his sick time and sent two detectives to conduct surveillance at the body-building competition on Aug. Paterson Press filed public records requests to obtain copies of the administrative law judge’s ruling from last December, the hearing officer’s findings in Rodriguez’ two disciplinary cases, the termination charges filed against the officer, the back-to-work agreement between the officer and the city, and various municipal personnel records for Rodriguez. Also, Alex Cruz, the president of the Paterson Policemen’s Benevolent Association, which has supported Rodriguez in the case, did not respond to a phone message seeking his input for this story. The lawyers who represented Rodriguez in administrative law hearing last year, Christopher Gray and Frank Cioffi, could not be reached for comment.
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A disability pension would provide Rodriguez with 40 percent of his current salary per year, under state retirement regulations. Meanwhile, Rodriguez last year filed an application for a state disability pension, a matter that is still pending.
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Paterson is now appealing Moss’ decision. (Frank) Gazzillo’s opinion, Rodriguez’ medical records, or the medication that Rodriguez was prescribed.” “Their testimony as to what they saw was credible,” Moss wrote of Speziale and Oswald in her ruling, “but the determinations that they made that Rodriguez could return to work did not consider Dr. Last July, the hearing officer in the disciplinary hearing over the June 2017 charges, retired Superior County Judge Philip Mizzone, ruled that Rodriguez should be terminated for “conduct unbecoming a public employee by exaggerating his physical condition” and “neglect of duty by not returning to work when able to do so.”īut in December, administrative law judge Kimberly Moss, overruled Mizzone’s decision and determined that Rodriguez should be reinstated, saying she gave more credibility to the testimony from Rodriguez and one of his doctors, David Weiss, than that from Speziale and Oswald. More: Why 'Hamilton' fans should visit the Great Falls of Paterson More: Owner of rescued Paterson dogs to turn herself in to police More: Paterson’s special education hiring efforts plagued by problems Paterson used those photos as evidence to try to prove that Rodriguez was faking his injuries in an attempt to fire him. Speziale and Oswald, who was deputy chief at the time, used a high-speed camera with a zoom lens to take 394 photographs while spying on Rodriguez over the course of two days, the discipline documents say.
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Rodriguez’s injury claims and his past record of disciplinary action prompted Speziale, and Paterson’s current acting police chief, Troy Oswald, to conduct the surveillance at the police officer’s home, an unusual task for high-ranking officials to handle themselves, according to documents in the disciplinary case.
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On the last day of his suspension, Rodriguez showed up at police headquarters in June 2017 with his arm in a sling and using a cane to walk with notes from Paterson’s workers compensation doctor saying Rodriguez was too injured to return to work, according to the findings of a hearing officer who presided over the city’s two disciplinary cases against him. Paterson fired the officer, Bijoy Rodriguez, in December 2016, over misconduct charges involving his absence from work during the time of the bodybuilding competition, according to documents from a disciplinary hearing obtained by the Paterson Press.īut in March 2017, city officials gave Rodriguez a second chance by withdrawing the termination and changing the punishment to a suspension without pay for six months, according to an agreement signed by the officer and Paterson police director Jerry Speziale. PATERSON – In two separate disciplinary cases that unfolded during the past 18 months, Paterson has been at odds with a city police officer initially accused of participating in a state bodybuilding championship while on injury leave. Watch Video: Video: The Great frozen Falls of Paterson