Holmdel committee will take on fire chief inquiry Attny: N.J. statute gives twp. investigative, subpoena powers BY ERIN O. STATTEL Staff Writer The Holmdel Township Committee will assume the powers of an investigative body, including subpoena power, to investigate charges against the township's fire chief. ERIC SUCAR staff Members of Holmdel Fire Company No. 1 have charged the department's fire chief with breach of duty. After deliberation in executive session at the April 17 meeting, Mayor Serena DiMaso announced the committee would carry out an investigation into charges about Fire Chief Thomas Savage made by several township firefighters. "Mr. Savage continues to serve as the fire chief and he has asked us to conduct an investigation," announced DiMaso at last week's meeting. "Therefore, the committee will act as an investigative body with subpoena power." The motion passed 5-0. According to attorney Robert Muñoz, of Lomurro, Eastman, Davison and Muñoz, who was acting as counsel at the committee meeting in place of Township Attorney Duane Davison, the Township Committee can act as an investigative body with subpoena power pursuant to New Jersey State Statute NJSA 40:48-25. The statute states: "When the governing body of a municipality shall have appointed a committee of its members upon any subject or matter within its jurisdiction, the committee may issue a subpoena … to any person within this state, to appear before it to give testimony or information required. The subpoenas may be served by any police officer or constable of the municipality." "Other than we're obligated to investigate the allegations, putting the safety of the town first and foremost, Mr. Savage asked for the investigation," Deputy Mayor and Committeeman Alan Bateman said in an interviewMonday. "Wewere all in agreement on conducting an investigation, and by law, as I understand it, the Township Committee has that [subpoena] power." DiMaso further explained the process in an interview Monday. "The benefit of an investigative body with subpoena power is twofold, really," she said. "Number 1 is sowe can investigate the charges and assure that our public safety is not being put in jeopardy, and the second reason is because Chief Savage had asked us to do an independent investigation. "We will have to come up with a date for a hearing, and it willmost likely be in executive session," she continued. "Therewill be an issue of notice since the Township Committee will be meeting and since the letter reallywasn't anonymous- itwas signed by Holmdel Fire Company No. 1- we will require certain individuals to come in and discuss what was in that letter." DiMaso said the fire chiefs from the two fire companies will most likely be called in, and anyonewho is before the committeewill swear to an oath under the penalty of perjury. "We just want to make sure that the township is adequately covered," DiMaso said. When asked if the Monmouth County Prosecutor's Office would be involved, Muñoz replied, "I cannot discuss what was discussed in the executive session.However, that does not mean that we did or did not discuss the involvement of the prosecutor's office." Savage's performance as fire chief came under scrutiny earlier thismonth after a letter signed "Members of Holmdel Fire Company No. 1" was submitted to the Township Committee. The letter alleged that Savage was "unfit to command [the] town's firefighters." The letter also alleges that Savage directs firefighting response without being on the scene. "Chief Savage has a bad habit of giving orders over the radio when he has not yet arrived on scene, or when he is still at his house," the letter states. Also, the firefighters allege that requests for replacement of damaged equipment have gone unanswered. "Over three months ago, a request was put in for members to have gear replaced because of tears, rips or not fitting properly. Nothing has been done about this. Holmdel Fire Company No. 1 has firefighters and officers whose pagers are outdated, broken and barely operable." When asked if he had read the letter and if he had any comment, Savage declined to do so following the executive session prior to last Thursday's committee meeting. "I am going to let the township handle it," he said. "I really don't feel comfortable commenting on that [letter]; however, I did ask for an investigation into the matter." Savage, a school crisis counselor,was appointed fire chief by the Township Committee in January 2007. He said he has been a firefighter in Holmdel and Colts Neck for the past 18 years. Another section of the statute, NJSA 40:48-26, states that failure to comply with the subpoena would be dealt with by the state Superior Court. "If any person subpoenaed shall fail to obey the subpoena, or to give testimony, or to answer a proper question, or to produce any books, papers or documents as required, or shall be guilty ofmisconduct at the hearing, such failure ormisconduct shall be punishable by the Superior Court in similar manner as such a failure or misconduct would be punishable by that court in an action or proceeding therein." Township Clerk Maureen Doloughty, who has been employed with the town since 1992, said that to her knowledge, the Township Committee had never formed an investigative body with subpoena power prior to this time. "The committee, in the past, has had hearings on other matters before, but there was never an investigative body to this extent before," she said.