Frank Marchione, who has been suspended since August 2013, makes $97,932 a year
HIGHTSTOWN -- A Hightstown police officer who has been on paid suspension for more than two years was fired Monday night.
Hightstown Officer Frank Marchione who was fired Sept. 21 after a two-year paid suspension. The council voted 5-1 to terminate Officer Frank Marchione, following the recommendation of a hearing officer who found that he "was and remains unfit for duty as a police officer."
Councilman Charles "Lee" Stults was the only council member to vote against the resolution.
The borough will also look to recover his salary from the time of his suspension.
Marchione, who has been suspended since August 2013, makes $97,932 a year, public records show.
RELATED: Town to vote on firing suspended cop accused of sex on duty
The case stemmed from 2005 incidents where he allegedly had sex while on duty with the girlfriend of Scott Jenkins, who is now chief of Hightstown's volunteer fire department.
The allegations, however, did not surface until June 2013 when Marchione was confronted by Jenkins at the police station.
Marchione, in a lawsuit he later filed, alleges that Jenkins threatened to "ruin (his) life and get (him) fired."
Following the confrontation with Jenkins that left him shaken up, he voluntarily sought inpatient treatment and was cleared for duty by multiple doctors.
The Mercer County Prosecutor's Office reviewed allegations of misconduct and found that criminal charges were not warranted. A separate administrative investigation was also done.
Marchione filed suit last September challenging whether he could remain suspended when he had been found fit for duty and there were no pending charges against him.
This January, Hightstown brought disciplinary charges against him after a fourth evaluation found him unfit for duty.
In March, four other charges related to the alleged on-duty sexual encounters from 2005 were lodged against him, but later thrown out by the hearing officer.
On Monday, residents made a strong show of support of Marchione.
"You're getting rid of an officer that has served the community and has made a difference," Nancy Lastra said.
Many said he was unfairly penalized for asking for help.
"Officer Marchione came to you guys and the department asking for help. What is wrong with that?" said Evan Kane, Marchione's neighbor in Monroe. "He's been cleared by three doctors who have told you all that he's fit for duty. The charges have been dropped. ... All he did was ask for help and 27 months later, we're still here."
Jeremy Katz described Marchione as an officer who consistently went above and beyond the call of duty.
"I find it abhorrent that we have a governing body that ultimately is playing God with someone's career," he said. "This is a man who loved his job, loved his community ... and what you're doing is a travesty. Come on, put him the hell back to work. Do something, be proactive."
Tom Sweeney, who worked as a Hightstown police dispatcher, questioned why Jenkins was never charged with harassment.
"This guy's career of 17 years and you're going to hang him over something that happened 10 years ago and it's not even guaranteed that it occurred," he said.
Republican council candidate Lynne Woods said council members Susan Bluth and Seth Kurs should have recused themselves from voting because their campaign signs are on Jenkins' lawn. But borough attorney Fred Raffetto said the presence of the signs wouldn't necessarily create a conflict of interest. Bluth and Kurs voted to fire Marchione.
Marchione's attorney, Christopher Gray, has said that he would appeal council's decision.
Cristina Rojas may be reached at crojas@njadvancemedia.com. Follow her on Twitter @CristinaRojasTT. Find The Times of Trenton on Facebook.
