EdPDLaw Editorial

MARCH 18, 2013

HUDSON COUNTY KEEPS AVILES POSITIONED FOR PROMOTION TO LIEUTENANT

Hudson County just cannot bring itself to do the right thing when it comes to Director Aviles cousin, Ricardo Aviles.  Despite all the headaches he has created for the Department, despite being found guilty of sexual harassment resulting in a false demotion and the pending law suit, he still has a cushy position in work release.  The Civil Service Department reports that he has not been removed from the promotional lists and is still next in line for promotion to Lieutenant.  He also remains on the promotional list to Sr. Investigator.  The County has denied promotions to officers who have received minor discipline and are now reading a "Work Environment Advisory" as part of their employee evaluations telling everyone there is a "Zero Tolerance Policy" for sexual harassment.  Yet they have not removed Aviles from the promotional lists.

Click to view current promotional list to Lieutenant

Click to view current promotional list to Sr. Investigator Secured Facilities

HUDSON COUNTY PISSES AWAY $ 60,000.00 OF TAXPAYER'S MONEY TO COVER-UP CORRUPTION IN THE HUDSON COUNTY JAIL

UNBELIEVABLE:  IN A REPORT THAT THE COUNTY PAID $60,000.00. FOR - AN INVESTIGATION INTO AVILES - THEY COMPLETELY IGNORED THE RECOMMENDATIONS OF THE LAW FIRM AND TO ADD INSULT TO INJURY ARE RUMORED TO PROMOTE AVILES TO LIEUTENANT..........  SERIOUSLY?  

Click here to read a portion of the report.

Just so we are on the same page - the County paid the law firm of LeClair Ryan over $60,000.00 to investigate a complaint of sexual harassment by its Internal Affairs Investigator, Ricardo Aviles, who just so happens to be the cousin of the Director or Corrections, Oscar Aviles.

By way of background, Oscar Aviles was appointed by County Executive, Thomas DeGise to the civilian position of Director of Correction in 2004.  Shortly thereafter the Director appointed his cousin, Ricardo Aviles to a supervisory position in Internal Affairs.  At the time of Ricardo's appointment, he was working as a Sergeant in the jail on the midnight shift.

Sgt. Ricardo Aviles and Sgt. Aristiedes Lambos were both appointed as supervisory personnel in Internal Affairs together with a handful of corrections officers who were assigned from the jail to Internal Affairs.  In 2005 the County called for a test for those who wanted to be permanently assigned to Internal Affairs, a position that would permanently change their titles from Correction Officer to Investigator, Secured Facilities. 21 officers and supervisors passed the test.  The list was certified, candidates interviewed and "promotions" were made to 6 officers changing their title from Correction Officer to Investigator.

In 2010,  the victim came forward and bravely reported what ocurred, the Hudson County Authorities, in a ridiculous stunt to cheat the taxpayers out of thousands of dollars, ordered a bogus investigation which ate up thousands of taxpayers money.  Unbeknownst to the County, the law firm of LeClair Ryan fulfilled its obligation to the taxpayers and recommended the TERMINATION of Ricardo Aviles from his position only to be thwarted by the Adminastration. They quickly devised a false "demotion" and created a position for Aviles in Work Release.  The Superior Officer's Union took the County to Arbitration as they never posted the newly created position.  The Arbitrator ruled against the County and told them they had to post the position.  The County openly defied the Arbitrator and still refused to post the position.  This caused the Superior Officers Union to take the County back to court to get yet another ruling against them telling them THEY HAVE TO POST THE POSITION.

ARBITRATOR RULES AGAINST COUNTY

AVILES POSITION IN WORK RELEASE MUST BE PUT UP FOR BID

"THE LANGUAGE IS CLEAR AND THE VIOLATION IS OBVIOUS"

Congratulations to PBA 109A in their win over the County and Award placing the position created for Ricardo Aviles in Work Release up for bid.  Anyone wishing to read the award may do so by clicking here.   Another crash and burn for the dynamic duo of Eady & Nalls.

The never ending saga involving Oscar Aviles, Director of Corrections and his cousin, Ricardo Aviles continues as the Director refuses to take corrective action against his cousin despite his being found guilty of sexual misconduct and misappropriation of county property.  

By way of background, Oscar Aviles was appointed by County Executive, Thomas DeGise to the civilian position of Director of Correction in 2004.  Shortly thereafter the Director appointed his cousin, Ricardo Aviles to a supervisory position in Internal Affairs.  At the time of Ricardo's appointment, he was working as a Sergeant in the jail on the midnight shift.

Sgt. Ricardo Aviles and Sgt. Aristiedes Lambos were both appointed as supervisory personnel in Internal Affairs together with a handful of corrections officers who were assigned from the jail to Internal Affairs.  In 2005 the County called for a test for those who wanted to be permanently assigned to Internal Affairs, a position that would permanently change their titles from Correction Officer to Investigator, Secured Facilities. 21 officers and supervisors passed the test.  The list was certified, candidates interviewed and "promotions" were made to 6 officers changing their title from Correction Officer to Investigator.

At this time, the position was offered to Sgt. Aviles, Sgt. Lambos and Sgt. Moreno who all "WITHDREW FROM CONSIDERATION, BASED UPON REDUCTION IN RANK/SALARY".  Sgt. Levine and Lt. Rivera were "DEFERRED, BASED UPON REDUCTION IN RANK/SALARY".  However, the Department of Corrections allowed Sgt. Aviles and Sgt. Lambos to stay in their supervisory titles and remain in Internal Affairs out of title.  Shortly thereafter Internal Affairs broke away from the PBA and created its own FOP bargaining unit where it negotiated a 5% salary increase incentive for those assigned to Internal Affairs.  Both Aviles and Lambos were allowed to remain in Internal Affairs, out of title, and both received the 5% salary incentive.

Sometime after their appointment to Internal Affairs, both Sergeant Aviles and Sergeant Lambos received a title change to Sr. Investigator.  No one is certain how that occurred and it is still being investigated.  Aviles and Lambos also created their own Superior Officers FOP Bargaining Unit which only had 2 members, Aviles and Lambos.

In May of 2010, Sgt. Aviles was accused of assaulting a female vendor.  The incident was reported to the Prosecutor's Office who refused to investigate.  It was then turned over to the law firm of LeClair Ryan who was paid more than $50,000.00 of taxpayer's money to investigate the incident which should have been investigated by the Prosecutor's Office at no cost to the taxpayers.  

The investigation was concluded in June of 2011 and on August 1, 2011 charges were brought against Aviles for:

The County held 2 days of hearings before Hearing Officer, Guttenberg Mayor Gerald Drasheff.  The victim was made to sit in a waiting area for in excess of 4 hours before being called to testify.  She was not permitted to have an attorney present and was made to sit next to Ricardo Aviles while she testified.  The 2 witnesses who were present when the incident occurred were never called to testify.  

Despite the County's best efforts to clear Aviles, in January Hearing Officer Drasheff issued his decision admirably finding Aviles guilty and allegedly recommending a demotion.

However, not wanting to demote Ricardo Aviles, the Department of Corrections instead transferred Ricardo Aviles out of Internal Affairs and created a position for him in Work Release.

Prior to Aviles removal from Internal Affairs and "temporary appointment" to Work Release,  Work Release was staffed by 2 Correction Officers, 1 Lieutenant, one civilian Managerial Specialist and a civilian Clerk.  The total costs of salaries for Work Release, prior to the addition of Aviles, breaks down as follows:  

WORK RELEASE PERSONNEL 9/12/2011

On September 12, 2011, Work Release monitored 5 bracelets and 2 inmates on work release for a total of 7 inmates.  Clearly, at the time of his temporary assignment there was no need for additional personnel in Work Release.  Sgt. Aviles added another $101,580 to the yearly expense of Work Release bringing the total to $470,792 not including overtime, to monitor 7 inmates.

On January 14, 2012 the charges against Aviles were sustained.  His "punishment" allegedly was a "demotion" from Sr Investigator to Sergeant in Work Release.  Here is where the Director of Corrections slaps the County Executive and the Hearing Officer in the face.

Instead of "demoting" his cousin, the Director had him transferred from Internal Affairs to Work Release and allegedly took away the 5% incentive he was receiving, thus calling it a "demotion".

Truth be told, there have been numerous officers that have worked in Internal Affairs and transferred back to the jail, at least 13 corrections officers, including supervisors.  They received the 5% salary incentive and the provisional title of Investigator when they were assigned to Internal Affairs. When they left Internal Affairs and returned to the jail, they lost the 5% salary incentive and signed off on a "Voluntary Demotion" to return to the title of Corrections Officer. NONE OF THEM RECEIVED A "DISCIPLINARY DEMOTION".

Civil Service mandates that in order to get back in title from Investigator to Corrections Officer, the officer would need to sign off on a VOLUNTARY DEMOTION, Reason Codes including 003, 005 or 022 which is not discipline but a TRANSFER of TITLE and public record.  DISCIPLINARY DEMOTIONS are classified as DISCIPLINE, Reason Code 007, and subject to punishment, fines, suspensions, etc. They are also used to reduce promotional scores and disqualify candidates from promotional list. They are considered by the Courts when accessing progressive discipline in future proceedings.

Moreover, everyone who leaves Internal Affairs must receive a "demotion" to get back in title and they lose the 5% salary incentive.  

Civil Service has NO RECORD of Aviles being demoted, either "VOLUNTARY" or "DISCIPLINE", and shows his current title as Sr. Investigator since August 15, 2008.  There have been no changes reported to his title.  Aviles has represented to the State PBA that he is no longer a Sr Investigator, that he has been DEMOTED to a Sergeant and requested entry into the PBA Superior Officers' Union.  Aviles request was denied until he presents proof of the change in title which he has not done.  Instead, he stated that the Department of Corrections Personnel Department (Anthony Staltari) would verify the demotion.  

Department of Corrections Personnel Officer, Anthony Staltari, would be responsible for generating or "regenerating" the paperwork to notify Civil Service of any change in title, demotion or discipline.  This obviously did not occur despite it being almost 2 months since the decision was issued and Aviles' claimed he was demoted.  

HCDOC then permanently assigned the Director's cousin to Work Release instead of placing him in the jail which lost 4 Sergeants over the past 2 years and generated in excess of $250,000.00 in 2011 in overtime from the Sergeants.  Prior to Aviles assignment to Work Release there was not a Sergeant assigned to Work Release.  The position was created specifically for Aviles, it was not posted and opened up to the other Sergeants as agreed upon in the Collective Bargaining Agreement, nor were promotions made from the current Sergeants list.  This will lead the County to incur additional costs (on top of what the cover-up already ran them) to defend the grievances filed by the Unions.  There is also a civil suit expected to be filed by the victim.

2011 OVERTIME RECORD FOR THE SERGEANTS reflect the following figures which list the number of Sergeants assigned to each shift and the total amount of overtime generated by the Sergeants per shift: (Records are only for Sergeants and do not include overtime for the Correction Officers).

* 2 Sergeants each received over $30,000 in overtime.

2011 OVERTIME RECORD FOR THE WORK RELEASE SUPERVISOR is as follows:

Clearly there was no need to create a Sergeants position in Work Release when the jail was short 4 Sergeants and generating $251,195.05  in total overtime by the Sergeants alone.  (This figure does not include overtime generated by the Correction Officers or those above the rank of Sgt.).  Ricardo Aviles' assignment to the jail would have cut the overtime by more than 1/3.  His 2011 salary was $101,579.92.

A typical Sergeant in the jail is responsible for overseeing 12 - 20 Correction Officers and approximately 360 - 720 inmates.

As of the last weekend in February 2012, there was not one single inmate on work release - ZERO - and only 12 inmates wearing ankle monitors.

The Hudson County Department of Correction's refusal to take appropriate disciplinary action against Ricardo Aviles sends a clear message to all County employees that sexual misconduct will not only be tolerated but covered up and rewarded.  The County has appropriated approximately $500,000.00 in no bid contracts in 2012 to law firms to supposedly detect, prevent, and correct sexual harassment, discrimination, etc.  (Resolutions *16 - *21, LeClair Ryan, Scarinci & Hollenbeck, Chasan Leyner).  

The County spent in excess of $50,000.00 of taxpayer's money, hired a Hearing Officer who admirably sustained the charges against Ricardo Aviles and still the Department of Corrections did exactly as they pleased mocking the County Executive, Thomas DeGise, the Hearing Officer, Guttenberg Mayor Gerald Drasheff, the Freeholders and the taxpayers.

The Hudson County Department of Corrections has a Zero Tolerance Policy against Sexual Harassment.                         

The long awaited decision in the Ricardo Aviles matter has been issued.  The attorneys for the matter have issued a statement that the charges against Aviles have been sustained and that he has been disciplined.  His office in Internal Affairs has been emptied and he is currently referring to himself as a "Sergeant" in Work Release. The Personnel Department from the Correctional Facility has stated that he received a "demotion".  An OPRA request submitted to the Hudson County Personnel Department on January 30, 2012 for Aviles title and salary information remains over due and unanswered.  Aviles has made application to the Superior Officers Union for membership as he can no longer be a part of the Internal Affairs Bargaining Unit which represents investigators.

However, Civil Service still has him listed as a Sr Investigator Secured Facilities, a promotion given to him in August of 2008.  It was already revealed that there was no test given prior to 2008.  In fact, no one knew about the promotion.  The test was announced on October 1, 2010.  Ricardo Aviles took the test placing tied for 2nd.

Prior to Aviles "temporary" assignment to Work Release, there was no Sergeant's position in Work Release.  The County has now created a new position in Work Release.  They assigned Aviles there without posting the position to the other Sergeants.  They also did not promote from the Sergeants list to fill the newly created position which should have been opened up to the PBA members on the current list.

Civil Service Rules state:

In other words, Aviles surrendered his position as Sergeant when he accepted the promotion to Sr Investigator by signing the CAMPS form in 2008.  If he did indeed receive a demotion, he can no longer be a superior officer and his correct title is either Investigator or Corrections Officer. He can request to be placed on the regular reemployment list for Sergeant, if one exists. This presents another issue for Aviles, he is currently on the lieutenants promotional list.

It is anticipated that the County will try to say that his appointment was provisional, however, N.J.S.A. 11a:4-13(b) states:

In other words, if the County asserts that he was "provisional" they needed to call for the test by August 15, 2009.  They waited 26 months to call for the test.   So that makes him a Sergeant prior to the demotion, so now he is a corrections officer?

As far as Work Release goes, an assignment to Work Release is a prime position outside of the jail, it is in no way a disciplinary assignment.  Numerous officers apply and grieve to receive the position where they are not inside the jail.  It is probably a better assignment than Internal Affairs.  The County has taken the position that assigning Aviles inside the jail would be "too dangerous".  Yet, they have no problem assigning their pregnant officers not only inside the jail but inside the housing units with 60 or more inmates.  Maybe they could assign a pregnant officer to protect Aviles...... 

So how does all this go undetected for so long?  We have not yet determined who came up with the idea but we have determined that it could not have been executed without the assistance and cooperation of Correctional Department Personnel Officer Anthony Staltari who prepares, files and guards the CAMPS forms. He provides information from the Corrections Department to both Civil Service and the Hudson County Personnel Department.  As long as neither Department is aware of what the other is doing, everything appears to be ok.  In fact, the County Personnel Department has been kept in the dark the entire time and  as of February 18, 2011 only shows Aviles title as Sgt. County Corrections since 4/19/2003.  I guess Staltari forgot to inform his supervisors of the change..............

So what is Aviles' current title?  Your guess is as good as mine.  Apparently, if you are part of the Good Old Boys network you can create your own.  EdPDLaw is currently looking into the questionable title and pension information supplied for Confidential Aide Kirk Eady who has dubbed himself a "Deputy Director".

EdPDLaw keeps a watchful eye on Hudson County to see if they will in fact discipline Sr. Investigator Ricardo Aviles as the 2nd half of his Departmental Hearing was held today in Secaucus.  Hudson County has hired Guttenberg Mayor Gerald Drasheff to act as the Hearing Officer.  The 1st day of the Hearing was held on October 12, 2011, when the victim and Risk Management Personnel testified.  It has been reported that the victim was made to wait over 3 hours before her testimony was taken perhaps in hopes that she would be intimidated and leave.

The 2nd half of the hearing, originally scheduled for October 13, 2011 was moved to today as not to interfere with yesterday's elections.  Witnesses called to testify today included members of the Internal Affairs Unit.  Conveniently, the witnesses for the victim were never called and the decision will be made without the benefit of their testimony.   It is unknown if Mayor Drasheff was made aware that he was only being supplied with the information Hudson County wanted him to have.  Clearly he cannot make an informed decision without the testimony of all the witnesses and is manipulated by the partial evidence submitted.  This will undoubtedly effect his decision.

Hudson County has wasted countless taxpayers dollars protecting Aviles.  Sources report that his cousin, Director Oscar Aviles is pressuring to have the charges dismissed as he wants to promote his cousin to Lieutenant.  Ricardo Aviles is number 7 on the Lieutenants list and Hudson County would need to bypass officers to get to him.  The Union has already been approached and promotional paperwork already begun last week, before the Departmental Hearing was even convened today.

In the meantime, Aviles remains hidden in a choice position in Work Release and is still on the roster as a member of Internal Affairs.

EdPDLaw continues to unravel the web of deceit in Hudson County obtaining information directly from Civil Service which shows that "Sgt." Aviles has not been a Sergeant since August 15, 2008.  Civil Service records show that 8/15/2008 was the last day that Ricardo Aviles held the title of Sergeant. On 8/16/2008 Ricardo Aviles' title changed to Senior Investigator Parole & Secured Facilities the title which he holds to date.

Apparently, no one let the Hudson County Personnel Department in on the change of title. Records obtained through OPRA Request directly from Hudson County show Aviles title as "Sergeant County Corrections" from April 19, 2003 to the present.

Even more suspicious, the County posted the position of Sr. Investigator last year and Aviles took the test for the title he already holds.  He came out tied for second on the list.  The list was recently certified and interviews were subsequently held.  Why would Aviles test for a position he already holds? How did Aviles test to be a Lt. if he is not a Sgt.?  Who is helping him?  He could not call for a test, take and pass a test, interview and promote himself.....

When did they post the Announcement for the test in 2007?  Did they post the test? Who took it? How did they pay him in 2010 for attending a FOP Convention as a representative of the Superior Officers Union when he has not been a Superior Officer since 2008? I'm getting confused!

According to Civil Service he is required to attend the Academy and be qualified to carry a firearm. According to his schedule, he has not attended the Academy and is on the "Do Not Arm List".

EdPDLaw has filed a Complaint with the Court to obtain a copy of the Investigative Report issued by the law firm of LeClair Ryan. LeClair Ryan was hired by the County of Hudson to investigate the allegations against Sgt. Ricardo Aviles of sexually assaulting a female vendor in May of 2010.  According to the itemized billing obtained by EdPDLaw, the investigation lasted a year and cost the taxpayers in excess of $50,000.

Upon information and belief, Sgt. Ricardo Aviles was brought up on disciplinary charges on or about August 5, 2011. A Loudermill hearing was held the following week and the hearing officer (paid by the County) deemed Sgt. Ricardo Aviles fit for duty and placed him back to work after a brief suspension.  He is currently on the "Do Not Arm" list and it is unknown at this time if he was made to submit to a Fitness for Duty Exam and cleared by a physician to return to work or if the Hearing Officer took it upon himself to make that determination.  His Schedule indicates that he used sick leave for the 2 weeks preceeding his suspension and as such should have been required to submit a physician's certification as to his fitness for duty.

    Sgt. Aviles has been removed from Internal Affairs and hidden in Work Release pending his Departmental Hearing which is expected to convene later this month.  Currently Work Release has 2 full time Corrections Officers, 1 Lieutenant, a Clerk and a Managerial Specialist that retired and was brought back as a Consultant.  The breakdown of their salaries is as follows:

Officer A        2010 Base Salary                         $ 82,561        

Officer B        2010 Base Salary                         $ 82,761

Lieutenant    2010 Base Salary                         $100,280 

Managerial Specialist   2009 Base Salary      $ 76,438

Civilian Clerk   2010 Base Salary                     $ 27,172

TOTAL                                                                    $369,212         TOTAL INMATES TO BE MONOTORED:     7

Work Release, prior to the addition of Sgt. Aviles, was costing the County approximately $369,212 a year.  They monitor 5 bracelets and 2 inmates on work release for a total of 7 inmates.  Clearly, there was no need for additional personnel in Work Release.  Sgt. Aviles adds another $101,580 to the yearly expense of Work Release bringing the total to $480,792 not including overtime, to monitor 7 inmates.

Had the County planned or intended to assign a Sergeant to Work Release, they would have no need to bring the retired Managerial Specialist back as a consultant.  

    There is every indication from the County's prior handling of Sgt. Aviles and his relationship with the Director of Corrections that they will attempt to exonerate Sgt. Aviles at the Departmental Hearing and promote him.  He is currently on both the Lieutenant's Promotional List and the promotional list for Sr. Investigator.

EdPDLaw has obtained a copy of Aviles Schedule for 2011 which indicates that he was in fact suspended on August 5, 2011 through August 12, 2011.  The County either hired a Hearing Officer or used a County employee as a Hearing Officer to issue a finding allowing Sgt. Aviles to continue to work while waiting for his Department Hearing instead of remaining on suspension.  The County does have the option of hiring a retired Judge to use as the hearing officer as opposed to using one of its employees who may be subject to retaliation.

According to the Schedule, Sgt. Aviles' last suspension day was Friday, August 12, 2011.  On Monday, August 15, 2011, the schedule shows Aviles back on the payroll, on vacation for the next 5 days.  The problem is, he has no vacation time left.  According to records supplied by Hudson County, Sgt. Aviles is allotted 25 vacation days per year. He used his 25th vacation day on June 21, 2011. August 15th was Sgt. Aviles' 32 vacation day this year.  As of September 1st, 2011 Sgt. Aviles has used 37 vacation days this year.  In other words, so far this year, he was paid for an additional 12 vacation days which he does not have.  

Sgt. Aviles has also used 14 of his 15 sick days.  He was out sick for 11 consecutive days, from July 18, 2011 through August 4, 2011.  It is unknown whether, per Department Policy, he supplied a doctor's note for this absence.  

EdPDLaw has also obtained a copy of Sgt. Aviles 2010 Schedule which indicates that Sgt. Ricardo Aviles used 33 vacation days in 2010.  Again, according to the records supplied by the County, Sgt. Aviles is only allotted 25 vacation days per year.  He used an additional 8 days that he does not have.  He also used all his allotted sick time for the year, 15 days and 5 personal days.  Sgt. Aviles is only allotted 3 personal days per year.

Similarly, in 2009, Aviles used 22 vacation days when he was only entitled to 20 days and 4 personal days when he should have only received 3.

As of this date, according to the Schedules, Sgt. Aviles has been paid for 22 vacation days and 3 personal days he does not have.  Sgt. Aviles 2010 Base Salary is $101,580.  That amounts to approximately $9,767.31.

EdPDLaw first requested the time records in October of 2010.   Oscar Aviles, Sgt. Aviles cousin, was promoted to Director of Corrections in 2004.  In 2005, 2006, 2007, 2008 and 2009, Sgt. Ricardo Aviles has not used one single sick day. EdPDLaw first requested time records in October 2010 and in November of 2010 Sgt. Aviles used his first sick day in 5 years.  He then used his entire years allotment of sick days, 15 in total, in November and December of 2010.  Prior to November 2010, Sgt. Aviles accumulated over 1000 hours of sick time which he will be able to cash out at retirement. Vacation time is not permitted to be carried over from year to year.  Vacation time for officers other than Aviles, if not used during the year is lost.

It appears that Sgt. Aviles is permitted to do whatever he wants without any oversight.  The Hudson County Department of Corrections docks their Correction Officers if they are even a single minute late.  They are also subject to discipline and fines for being late that same minute.  The Union has to grieve for its officers to be paid in accordance with their contract as the time keepers short the officers for the overtime they have worked.  

Who is responsible for keeping the time in Hudson County?  As a Sergeant, Aviles should be made to answer to at least 3 supervisors, a Lieutenant, Captain and Deputy Director, who is overseeing his time?  Who is overseeing the Department of Corrections?  Fortunately for Aviles, he answers to no one because his cousin is the Director of Corrections, Oscar Aviles.  He does as he pleases and gets away with everything and anything because the County will go to any lengths to protect him. 

 As of this point in time they have:

• Spent approximately $50,000 of taxpayer's money on a third party investigation which should have been conducted at no cost by the Prosecutor's Office.
• Created a position for Aviles in Work Release which was already overstaffed.
• Allowed him to be a no show at work and according to his schedule, paid him for vacation and personal time that he does not have over a span of 3 consecutive years for a total of over $9,700. 
    

The Hudson County Legal Department has hired the law firm of LeClair Ryan to conduct an investigation into a criminal complaint filed by a female vendor in June of 2010.   The victim reported that on May 25, 2010 she was sexually assaulted by Internal Affairs Sgt. Ricardo Aviles in his office while he was on duty.  The Complaint was turned over to the Hudson County Prosecutor's Office who's only action was to issue a Cease & Desist Order.  

Since June of 2010, no action has been taken against Sgt. Aviles.  The frustrated victim contacted the Prosecutor's Office and repeatedly requested to file criminal charges both in August of 2010, and again in March of 2011. No charges were filed and no action was taken against Sgt. Aviles, the cousin of Oscar Aviles, Director of Corrections.

The victim repeatedly contacted both the Prosecutor’s Office and the Hudson County Department of Personnel requesting that some type of action be taken against her assailant. In June of 2011 she was told by a Detective in the Prosecutor's Office that the criminal investigation was on hold waiting for the outcome of the investigation by the private law firm.  The Prosecutor’s Office did not bring charges against the accused, they did not present the case to a grand jury or take any action on the victim’s behalf.

Instead they opted to not bring charges.  They protected the accused by assuring that a jury would never hear the case or be afforded the opportunity to determine his guilt or innocence.  

They relied upon an investigation conducted by a private law firm paid for by Hudson County, the accused's employer.  

The matter was not presented to a grand jury.  The victim was not afforded protections outlined in the Attorney Generals Standards for Providing Services to Victims of Sexual Assault. The Prosecutor would not prosecute the accused thereby protecting him. 

The victim has cooperated with both the Prosecutor’s Office and the Hudson County Department of Personnel by supplying emails and text messages evidencing the harassment.  The County hired the law firm of LeClair Ryan to conduct an independent investigation into the allegations at a price of $150.00 an hour per investigator and assigned two investigators to conduct the investigation.  At times there were up to five attorneys billing  on the investigation. The investigation should have been conducted by the Prosecutor’s Office or other appropriate law enforcement agency. 

As of June 1, 2011, Hudson County has incurred $49,697.34 in legal fees owed to the law firm of LeClair Ryan to conduct the investigation into the matter. The County used taxpayer’s monies to pay a law firm to conduct a criminal investigation which should have been conducted by the Prosecutor’s Office at no expense to the taxpayer. 

During this same time period, on June 10, 2010 it was reported to Abe Antun, County Administrator that Sgt. Aviles used his County vehicle to transport fencing material to his home in Jackson, NJ. He overloaded the vehicle thereby damaging same. A tow truck had to respond to Jackson and tow the vehicle back to Hudson County, the towing and repair costs on  the taxpayer. This also was referred to the Prosecutor's Office with no disciplinary action forthcoming.   

It is doubtful that this special treatment would be afforded to any other than the Director of Corrections cousin. To add insult to injury, the accused is currently on a promotional list. The County, instead of bringing criminal charges or some type of disciplinary action against the Sgt. has had the promotional list certified and is preparing to promote the accused in the very near future. 

The County, including the Director of Corrections, Prosecutors Office, and Legal Department, continuously look the other way when it comes to Sgt. Aviles, refusing to discipline him and hold him accountable for his actions.  Ironically, they have him assigned as a supervisor in the Internal Affairs Bureau where he is responsible for enforcing the Rules.