By Barbara A. Preston | Posted October 24, 2024
Montgomery Township police officer Jason Clifford filed a Whistleblower/Conscientious Employee Protection Act case against Montgomery Township and a superior officer in Somerset County Superior Court on September 10.
Clifford, 48, alleges he was "incomprehensibly and inexplicably" ranked 10 out of 14 candidates for promotion to sergeant earlier this year. He says his ranking was "deleteriously" affected because he previously reported antisemitic remarks by a superior officer.
According to the lawsuit, Sgt. Ryan Gray (who retired from the MTPD in August) made "ethnically improper, inappropriate, unwarranted, and bizarre comments" to Clifford at a barbecue on May 8, including, "Is that meat kosher?" and, "Will you be drinking Manischewitz when you go home tonight?"
As of October 24, the township had not yet responded to the complaint, according to court records. The Montgomery Township Police department had no comment for The Montgomery News. The attorney for the plaintiff is Matthew J. Toscano.
Clifford has been a Montgomery patrol officer for 20 years, since November 2004, and is the only Jewish police officer that Montgomery Township has ever hired, according to the lawsuit. He claims that he was passed over multiple times for promotion. He is currently listed as a "traffic officer" on the Montgomery Township website. He has served as an acting sergeant on numerous occasions, the longest term being eight months.
Clifford also takes issue with paid holidays permitted to Montgomery Township employees.
"Interestingly, as well as curiously, Montgomery Township has never and does not celebrate any Jewish holidays," the lawsuit states. "Moreover, Montgomery does not recognize or offer any paid Jewish holidays to its municipal employees, including but not limited to its law enforcement officers, parks and recreation staff, sewer department, water department, and/or civilian administrative staff."
The lawsuit alleges Clifford's professional and personal reputation was unspoiled, pristine, second-to-none, and virtually unblemished. "In short, law enforcement officers do not come any better – Clifford was and remains the model and quintessential law enforcement officer," according to the lawsuit.
Clifford claims that antisemitic comments were made to him in front of other Montgomery police officers. "The racist and prejudicial comments were made ... with the express intent to humiliate, denigrate, and belittle Clifford in the eyes of other officers," according to the lawsuit.
As a result, Clifford said he reported the comments, which prompted an investigation by Internal Affairs. Around the time of the investigation, Clifford said he was a candidate for a newly announced Montgomery Police Sergeant promotional process.
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The lawsuit alleges that because Clifford reported the "racist and prejudicial comments, Clifford was once again wrongfully bypassed for the [Montgomery Police Department] sergeant position – this being the third promotional bypass."
The lawsuit claims Clifford was caused to suffer, and has continued to suffer, undue stress and injury as well as substantial economic and financial loss relating from his promotional bypasses.
As a result, Clifford is demanding a jury trial, and is seeking a judgment in an amount to be determined at trial, including an award of compensatory and consequential damages, all remedies, punitive damages, and attorney fees. ■
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