MONTGOMERY - The only Jewish officer in the township's police department is suing the township, claiming he did not receive a promotion because he had reported another officer's antisemitic remarks.
Jason Clifford, who has been a township police officer since 2004, alleges in the suit filed Sept. 10 in Somerset County Superior Court that he was "incomprehensibly and inexplicably" ranked 10th out of 14 candidates for promotion to sergeant earlier this year.
Clifford alleges that his ranking was "deleteriously" affected by reporting antisemitic remarks by a since-retired superior officer in May.
According to the lawsuit, at a barbecue the superior officer made "ethnically improper, inappropriate, unwarranted and bizarre comments" to Clifford, including "is that meat kosher?" and "will you be drinking Manischewitz when you go home tonight?"
About 20 days later Clifford formally reported the officer's remarks to another superior officer which led to an Internal Affairs investigation.
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But when Clifford was interviewed during the investigation, the lawsuit says, Clifford "understood" that higher-ranking officers in the department were "quite agitated and indeed unwelcoming" that he had formally reported the remarks.
Shortly after, the promotional process for the sergeant rank began. Clifford, 48, was the most senior eligible officer and had, the lawsuit says, the "merit and fitness" to become a sergeant.
But after an essay test and review of the personnel file, Clifford was not selected for an interview by the Township Committee, the third and final round of the promotion process.
The suit alleges that the "highly-subjective" grading system allows the department's superior officers "to select whoever they desire as their preferred candidate rather than the officer with the most outstanding merit and fitness for the promotional position."
The suit also alleges that the township did not give the superior office any "meaningful punishment" for inappropriate comments in the past.
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Montgomery has not filed a response to the lawsuit which has been assigned to Judge John Bruder.
It was the third time that Clifford, the only Jewish officer hired by the department, was bypassed for a promotion, according to the lawsuit.
The professional and personal reputation of Clifford, who has served as acting sergeant on numerous occasions, is "unspoiled, pristine, second-to-none and virtually unblemished" and he has not received any disciplinary suspensions in his career, the lawsuit says.
"In short, law enforcement officers do not come any better," the lawsuit says. "Clifford was and remains the model and quintessential law enforcement officer."