BRIDGETON โ Cumberland County jail officials failed to develop policies and provide necessary equipment for corrections officers ahead of the COVID-19 pandemic, a civil lawsuit filed last week by the officers union alleges.
The suit, filed April 23 by attorneys for PBA Local 231, argues officials knew the spread of the new coronavirus was a โreal threatโ and could indirectly impact corrections facilities, but failed to communicate with officers and put policies in place to protect them.
Theodore Baker, county solicitor, said in an email Wednesday the allegations in the lawsuit are โbaseless, unsubstantiated and completely lacking both factually and legally.โ
The suit is โdevoid of any facts whatsoever,โ Baker said.
โThere isnโt a single fact or a person, time, place, nor any other specific information to back up these broad allegations,โ Baker said. โThe county and the jail have gone to great lengths to do whatever they can to protect employees and inmates during this unprecedented worldwide health crisis. โฆ We are disappointed that, during a time in which we must all work together to overcome this pandemic, that PBA 231 would resort to such tactics, and further risk depleted and already strained public resources.โ
A number of inmates are set to be released this week from South Jersey jails after an order was signed by a state judge aimed at mitigating the risk of COVID-19 spreading through the facilities statewide.
When officers brought their concerns to jail Warden Richard Smith and other county officials, they were discouraged from raising their issues, according to court filings.
The five-count lawsuit alleges violations of the stateโs constitution, including rights to free speech, organize and collectively bargain, enjoy life and liberty, pursue safety and happiness, and failure to train.
Smith, Deputy Warden Charles Warren, the county, the county freeholder board and its members are named in the suit.
So far, Cumberland County has recorded 645 confirmed cases of the new coronavirus and nine deaths. As of Wednesday morning, there were no positive cases in the jail, Deputy County Administrator Jody Hirata said.
โWe have exhaustively attempted to communicate with county government officials since late March to voice PBA Local 231โs membership concerns at lower remedy forms,โ said union President Victor Bermudez. โItโs unfortunate that the lack of response and safety coverage has forced our local to take civil action as sworn corrections police officers for the protection of our members, their families, the inmates and the public.โ
Bermudez is on paid suspension pending termination from the facility.
The suit seeks the appointment of a โCOVID-19 special masterโ to take over decision making at the facility related to the pandemic.
MAYS LANDING โ As COVID-19 spreads through South Jersey, court hearings and trials continue to be postponed.
If the position isnโt filled, they requested a judgement that includes an order compelling officials to provide necessary equipment to keep officers safe and another order mandating that all information about new coronavirus cases in the jail known by officials be shared with the union, as well as compensatory and punitive damages and attorneyโs fees.
And, in a separate letter dated Tuesday, the lawyer representing the union, Stuart J. Alterman, asked county officials to consider hazard pay for corrections officers and other essential workers for the county during the pandemic.
โLuckily, a good portion of our citizens, who still have employment, have the luxury of working remotely, which provides them with some added modicum of confidence in trying to avoid contamination from the virus,โ Alterman wrote in the letter. โUnfortunately, certain essential workers, including, but not limited to, corrections officers, do not have that luxury. Instead, not only are they on the front lines, but they have had additional restrictions placed on their work schedules, including, but not limited to, a prohibition of taking any time off to tend to their families.โ
