ROBERT L. TAYLOR, ESQ. Pro Se Cape May County Prosecutor NJ Atforney ID No. 007581974 4 Moore Road, DN-110 Cape May Court House, NJ 08210 (609) 465-1165 (phone) (609) 465-4434 (fax) ATTORNEY FOR DEFENDANTS CITY OF CAPE MAY Plaintiff, ROBERT L. TAYLOR, COUNTY PROSECUTOR; AND OFFICE OF THE CAPE MAY COUNTY PROSECUTOR, J/S/A . Defendants, SUPERIOR COURT OF NEW JERSEY LAW DIVISION CAPE MAY COUNTY Docket Number CPM-L-150-15, Civil Action Counterclaim Defendants, Robert L. Tayler, County Prosecutor and the Office of the Cape May County Prosecutor, by way of counterclaim, say: 1. The City of Cape May has created and established a police department pursuant to the laws of the State of New Jersey and N.J.S.A 40A:14-118. 2. The City of Cape May has designated City Manager, Bruce Macleod, as the “appropriate authority” pursuant to N.J.S.A. 40A:14-118, 3. As appropriate authority Bruce MaeLeod would have certain statutory oversight and supervisory authority over the operations of the polive department.4, Bruce MacLeod has violated the New Jersey Attorney General Guideline’s on the| confidentiality of intemal affairs investigations involving two officers in the Cape May Police Department. 5. New Jersey Attorney General Guidelines have the force of law by legal precedent. 6. Bruce MacLeod has broken the law on a number of occasions intentionally. 7, Bruce MacLeod held a press conference with the media, print and TV, on or about March| 19, 2015 and released an extensive amount of confidential information in violation of| said Attomey General Guidelines. 8, Bruce Macleod issued a Press Release dated March 19, 2015 that contained five pages of narrative and nine exhibits including a March 2, 2015 letter form First Assistant Prosecutor Robert W. Johnson to the City Solicitor regarding said confidential internal affairs investigations. A copy of said Press Release is attached hereto and incorporated herein by reference as Exhibit A. The letter from the First Assistant Prosecutor warned about not releasing confidential information but the solicitor read it anyway at a public meeting. 9. Bruce MacLeod and the City were wamed repeatedly by the First Assistant Prosecutor Robert W. Johnson and the County Prosecutor not to divulge confidential information| from said intemal affairs investigations both orally and in writing, 10, Notwithstanding said warnings the City Manager and appropriate authority continued to| allow city officials including the mayor and solicitor to release additional confidential! information contrary to said Attomey General guidelines on numerous occasions.11. Bruce MacLeod was a complainant when the matter concerning the two officers was first brought to the Cape May County Prosecutor's Office and insisted that a crime had been committed. 12, Byen after being advised that the matter was not criminal by the First Assistant Prosecutor Robert W. Johnson, Bruce Macleod on additional times tried to claim and] insist the matter was criminal, 13, Bruce MacLeod allowed the City hited investigator Mr. Fallon to start an internal affairs investigation on then Chief Sheehan contrary the Attomey General Guidelines which is set forth the solicitor’s letter to the First Assistant Proseoutor on November 11, 2014 which is marked Exhibit D from the Press Release. First Assistant Prosecutor Robert W. Johnson responded by letter dated November 19, 2014 marked Exhibit F to the Press Release stating if there was going to be an investigation of Chief Sheehan and it had to be| done by the Prosecutor’s Office according to Attomey General Guidelines. 14, Bruce Macleod repeatedly personally broke the law on confidentially of internal affairs investigation and allowed other city officials do the same. 15, Bruce Macleod ignored and violated the right of privacy of said two officers by releasing confidential information to the public about them. 16, Bruce MacLeod criticized the then Chief Sheehan because the Cape May City Police Department arrested the son of the city solicitor for burglary. 17, Bruce MacLeod as appropriate authority would have access to personnel files, evaluations of officers and potentially criminal investigative files and would be in a| position to unlawfully zelease different types of confidential information to the public.18, Bruce MacLeod has intentionally broken the law by violating the Attomey General. Guidelines on internal affairs investigations by releasing extensive amounts confidenti information, 19, Bruce MacLeod has ignored the directives and order of the First Assistant Prosecutor and County Prosecutor despite clear law giving the County Prosecutor Supervision of internal affairs complaints. 20. Bruce MacLeod had demonstrated bias against the two officers. 21. As aresult Bruce MacLeod cannot be trusted (0 observe and follow the law and should be disqualified or removed by the City as the appropriate authority. The City should be| required to name a different appropriate authority. ‘Wherefore Defendants demand a judgment or order against the City disqualifying} or removing Bruce Macleod as the appropriate authority under N.LS.A. 40A:14-118 Date: May 27, 2015 Libat An Bee Robert L. Taylor, Pro Sé Cape May County Prosecutor