Excluding Sergeant Nicholas Loizzi, Sergeant Robert Buell and officers Christopher Esposito and Andrzej Hein have signed an agreement that brings them back to the force if they agree to drop their appeals before the state's Office of Administrative Law and Merit System Board. The clause would also protect the borough from any litigation the officers planned to pursue retroactive to the signing of the agreement, including wrongful termination suits which could have cost millions according to Mayor John Hipp.

As per the agreement, Buell will accept a demotion from sergeant to patrolman retroactive from November 21, 2006 when the officers were slapped with internal administrative violations that subsequently led to their terminations. Buell will receive mitigated patrolman back pay retroactive to that date minus any earned income he made during that time. He will also receive all entitled vacation pay, personal days and sick days that he would have been entitled to as a patrolman.

Hein and Esposito will be entitled to gross back pay in the amount of $35,000. Hein will have a retroactive suspension without pay from November 21, 2006 to March 1, 2007 and from then on be eligible for 50 percent of his entitled vacation time, personal days and sick days. Esposito, who two months ago an administrative law judge recommended to the Merit System Board that he shouldn't have been terminated, will have a retroactive suspension from November 21, 2005 to February 19, 2007 and will also be eligible for 50-percent of his entitled sick days, vacation time and personal days from that date.

All three, as per the agreement, will not be allowed to apply for or sit for an examination for promotion for a period of one year after formally re-joining the force. None are permitted to recoup any costs for attorney fees or court fees as a result of their fight to termination in the courts.

For more on this story, read the April 2 edition of the South Bergenite.