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‘Diploma mill’ suit settled by boro, cop S.R. police lieutenant receives pay increases; will retire at year’s end BY JOHN DUNPHY Staff Writer
A police officer’s lawsuit, accusing South River officials of promoting two other officers who used allegedly bogus college degrees, has been settled.
Lt. John Kolakowski, a South River officer for 24 years, agreed to a settlement drafted by borough labor attorneys Scarinci & Hollenbeck, of Lyndhurst. The Borough Council approved the agreement on April 25.
The deal brings a close to a chapter in the South River Police Department’s history that, according to Police Chief Wesley Bomba, has left a proverbial bad taste in the mouths of all those involved.
Kolakowski applied in 2003 for a promotion to the newly created position of deputy chief. The borough ultimately chose John Bouthillette, who was also a lieutenant, to become deputy chief; and promoted John Casey from sergeant to lieutenant.
Bouthillette and Casey, according to Kolakowski’s lawsuit, used college degrees from a fraudulent Internet “diploma mill,” where college degrees can be purchased without ever actually taking courses or exams. The borough considered those degrees to be legitimate and awarded the men points for the degrees during the promotional process.
In the settlement, Kolakowski, who had earned about $77,803 a year, will retroactively earn $83,901 for the period from July 2004 through December of that year. Effective Jan. 1, 2005, his salary is increased to $88,473. Kolakowski also receives a longevity supplement.
The retroactive compensation is being paid to the officer in a lump sum.
Also as part of the settlement, Kolakowski will officially retire on Jan. 1, and will use up accrued sick leave, vacation and terminal leave until that time. His last day of active duty was March 11. The borough will also pay for any unused sick leave at the rate of one day of pay for every three days of remaining sick leave.
The borough will also purchase back for Kolakowski service credit in the Police and Firemen’s Retirement System (PFRS) for a period in 1983 and 1984 during which he had been laid off.
Kolakowski will continue to receive health and prescription insurance from the borough, which will also pay Kolakowski’s legal fees totaling $8,000 to Hendricks & Hendricks, the New Brunswick law firm that represented him.
Kolakowski agreed to release the borough from any legal complaints or claims, according to the settlement.
Bouthillette and Casey had stated in applying for their promotions that they received degrees from Rochville University, according to Kolakowski’s lawsuit. To obtain a degree from Rochville, court papers stated, a $249 fee is charged and the applicant chooses the degree, major, grade point average and the date of achievement for the degree.
The Rochville University Web site states that it is fully accredited by the Board of Online Universities Accreditation (BOUA) and Universal Council for Online Education Accreditation (UCOEA). Like Rochville, the BOUA and UCOEA list only an e-mail address — and not a property address or phone number — as a way of contacting them.
The UCOEA Web site shows only one other university it has accredited, with several organizations under review. Greater Media Newspapers was unable to access the Web sites for any of the organizations currently under review, or was redirected to a random search engine.
Under South River’s ordinance, education counts for 10 percent of points awarded in the promotional process for police officers. In the defendants’ brief, it states that Kolakowski and Bouthillette “received identical scores on the education element because both possessed bachelor’s and master’s degrees.” Kolakowski holds a master’s degree from Fairleigh Dickinson University. Had the degrees from Rochville University not been counted, Kolakowski would have had enough points to be promoted to deputy chief.
In speaking with the Sentinel this week, Bomba admitted there are flaws in the current promotional process.
“I just think there are too many loopholes in it,” he said. “There are too many people involved in [the process].”
In addition to Bomba, the borough’s Public Safety Committee — consisting of Borough Council members David Sliker, Joanne Dembinski and Richard Reichenbach — and a Peer Advisory Committee of police officers from outside the borough are involved in the promotional process for police officers in South River.
“We’ll need to examine the ordinances to bring them into the 21st century and possibly tighten them up,” said Mayor Robert Szegeti, who was not directly involved in the promotional process.
Although he said he personally had not visited the Rochville University Web site, Szegeti said the borough attorneys may need to “look at what accreditations are allowed and what is acceptable.”
Sliker also acknowledged that the ordinances regarding the promotional process for officers may need to be adjusted, but said he did not believe there was any wrongdoing on the part of the borough.
“The promotional process was followed right to the letter of the law,” he said. “All the borough ordinance says is a ‘college degree.’ ”
Bomba said he does not feel that education should play as great of a role in promotional considerations.
“We have officers in here with degrees in history, accounting and everything else,” he said. “What does that have to do with the police service?”
The chief also lauded the work of both Bouthillette and Casey in their positions as deputy chief and lieutenant, which they have held for nearly a year.
“I’d rather have a street-savvy officer than one with a degree,” Bomba said.
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