N.J. administrative law judge calls for reinstatement of ex-Hoboken fire chief

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New Jersey Office of Administrative Law Judge Susana Guerrero issued an order earlier this month calling for former Hoboken Fire Chief Brian Crimmins to be reinstated after nearly three-and-a-half years since being in the public safety leadership post.

Hoboken Fire Chief Brian Crimmins being sworn in on October 15th, 2018. Photo via City of Hoboken Twitter.

By John Heinis/Hudson County View

” … It is ordered that the action of the respondent to demote the appellant to the rank of Firefighter is reversed, and that he be reinstated to the position of Fire Chief. It is further ordered  that the appellant be issued a written warning, and that he attend a communication and leadership training program, or another training program recommended by the Civil Service Commission,” Guerrero’s decision says.

“I hereby file my initial decision with the Civil Service Commission for consideration.
This recommended decision may be adopted, modified or rejected by the Civil Service Commission, which by law is authorized to make a final decision in this matter.”

The 39-page decision, issued on October 3rd, notes that Crimmins, who was placed on administrative leave in May 2021 before returning to work as a firefighter in April 2023, was served with a final notice of disciplinary action by the city on March 28th, 2023.

In short, the FDNA made several different allegations: a failure to hold frequent command staff meetings, making “a litany” of false statements to colleagues, targeting Battalion Chief Mario Fini, altering an emergency order, and creating a hostile work environment, which Guerrero largely saw in Crimmins’ favor.

“The HFD primarily exists to fight fires, and to protect lives and property in the community. No witness could give any example of any problems with the undertaking and the effectuation of these responsibilities while Crimmins was Chief,” Guerrero determined.

“There is no evidence that there were inadequate supplies or equipment at the HFD, or that there were problems with fire operations under Crimmins’ tenure. Crimmins led the Department during an unprecedent pandemic, advocated for the testing of his members, and while many may not have agreed with his approach, there is no evidence to suggest that exposures to COVID within the HFD were not adequately controlled and minimized.”

The specific allegations were wide ranging and most of them revolve around Fini claiming Crimmins harassed him after he delivered a message on behalf of the administration in March 2020, indicating that they wanted Crimmins to vacate his post or be fired.

Afterwards, Fini alleged that Crimmins overstepped his boundaries by asking which firefighters work in his private business, as well as that he violated a COVID-19 order by taking a photo during a ribbon cutting after being placed on a mandatory 14-day leave.

In the first instance, Guerrero decided that Crimmins was following protocol since he made the request at the behest of Corporation Counsel Brian Aloia, while in the second instance, found that Crimmins was not the one who issued discipline in the matter, it was Business Administrator Jason Freeman.

Additionally, she determined that an assertion by Fini that Crimmins told union representatives from the firefighters unions at a Zoom meeting that he was responsible for stopping promotions, which Guerrero said was “uncorroborated hearsay.”

An allegation that Crimmins told Cheryl Noble, an administrative aide to the fire chief, that “Fini wanted her dead” was not true based on testimony in the case from Noble herself, Guerrero explained in her decision.

Furthermore, Crimmins’ relationship with Office of Emergency Management Coordinator Sgt. William Montanez also went under the microscope.

For example, while the judge found that Crimmins made remarks critical of Montanez and OEM at an active shooter training in 2018, with Montanez’s partner, Fire Capt. Audra Carter, was present, he did not undermine her authority or negatively impact her beyond making her uncomfortable.

The two public safety officials also butted heads over Crimmins being apprehensive about Montanez requesting firefighters to drive the Hop bus around the beginning of the COVID-19 pandemic so seniors could still shop for groceries, he eventually capitulated at Freeman’s request.

“While Crimmins and the OEM Coordinator evidently had a strained working relationship, I Find that Crimmins did not act unreasonably in his handling of Montanez’s request to provide drivers for the Hop bus,” Guerrero wrote.

There were a couple of relatively minor instances where Guerrero feels Crimmins violated the rules: For one, she said that he failed to hold quarterly command staff meetings in 2018 and in early 2019, early on during his tenure as chief.

Secondly, Guerrero determined that Crimmins issued “an improper, ill-advised, order” in November 2018 that did not allow OEM to directly give order to Hoboken FD dispatchers. However, Guerrero makes note that he revoked it within two weeks.

Guerrero also said that demoting Crimmins back to the rank of firefighter was “excessive and not appropriate” and instead recommends only a written warning and completing a leadership and communication training program.

“I am grateful that the Court has carefully reviewed all the facts and determined that I did not commit the acts alleged by the City of Hoboken. The Court’s decision to reinstate me as Fire Chief of the Hoboken Fire Department reaffirms my faith in the justice system and the importance of fairness and due process. I want to thank the brave men and women of the HFD for their overwhelming support throughout this process,” Crimmins said in a statement.

“Thank you also to my family, community, and All Saints Episcopal Parish for their continued support. I look forward to returning to my Civil Service duties promptly. Throughout my career, I have worked tirelessly to ensure the safety of our residents, to lead the HFD with integrity, and to serve with honor. I look forward to resuming my duties and continuing the essential work of protecting and serving this great city.”

His attorney in the matter, Brent P. Pohlman, a partner at Mandelbaum Barrett PC, said the judge made the appropriate decision in this matter and is excited to see his client lead the Hoboken FD again.

City spokeswoman Marilyn Baer did not comment on Guerrero’s decision, but as the judge did, emphasized that the final decision rests with the civil service commission.

“The Civil Service Commission has not rendered a decision and, in fact, the parties’ final briefs (formally called exceptions) on the matter are not due until Oct. 24. It is after the submission of those briefs that the Civil Service Commission will render a decision. The City will reserve all comment until such a time.”


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7 COMMENTS

  1. Ha! What a load-That administrative law judge was definitely bought and paid for. Guess his daddy still has pull in Hudson county.

    Good luck to the Hoboken residents and the fire department IF this walking disaster gets reinstated.

    And thanking the HFD—the ones who wanted him out? Classic move from the master gaslighter himself

  2. I read thru the Administrative Judge’s decision and the only question at the next stage is whether Civil Service will uphold the recommendation in its entirety or throw the whole thing out. The case screams abuse of power but leaves unresolved the question of why.

    Brian Aloia is neither stupid nor a bad lawyer. He must have advised Mayor Bhalla that he would lose if this was litigated to a decision.

    Why then did Ravi do this anyway? Obviously Ravi expected to buy his way out of this with a settlement using the public’s money, as he has in so many other instances where he has needlessly exposed the City to litigation risk.

    But why was it so important to Ravi (or to someone on his team) that Crimmins be gone?

    That’s the question the public should demand an answer to.

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