Tuesday, October 08, 2002

By YUNG KIM

Captain James Albro

James Albro figured he would never put on his Paramus police uniform again, but after a seven-year court battle, he won the right to wear his shield one last time for his promotion ceremony Sept. 12.

The 26-year veteran retired from the borough force in 1995, but changed his mind a couple of weeks later. He has been fighting ever since for his reinstatement and promotions he never received. Albro won a suit that awarded him a higher rank, back pay, and retroactive pension benefits in 1999, but had to win a second case in July to get the promotion ceremony.

So on Thursday, Sept. 12, the former patrolman donned his police officer's cap, cinched in his gun belt with his personal firearm, and slipped into a new, white supervisor's shirt affixed with a gold name tag that read "Captain James R. Albro."

He was a bit disappointed the promotion ceremony was not taking place in borough hall, as is the custom, but was all smiles standing before Judge Peter Boggia in the Bergen County Courthouse.

"My pants still fit," Albro said. "My hair is a little more gray now, and I have less of it, but this is the coup de grāce. This is an end to a seven-year nightmare."

Borough officials had a different view of the promotion.

"This is not a promotion in the normal sense of the word," said Mayor Cliff Gennarelli. "We felt a public ceremony was not appropriate."

In 1995, Albro accepted an early retirement offer from the borough, leaving the force as a patrolman after 26 years, but with pension credits for 30 years of service.

However, after about 15 days, Albro decided to withdraw his retirement papers, which he argued he was entitled to do under state law.

Gennarelli denied the request for reinstatement. He said Albro was not promoted because he simply did not merit a promotion.

After Albro went to court claiming the right not only to reinstatement, but also to a promotion, a court agreed with his claims and he was granted retroactive promotions and pay. Still criticizing the court's decision, Gennarelli blasted Albro's advancement in the ranks as undeserved.

"Usually it takes five to six years to become a sergeant and longer for lieutenant," Gennarelli said. "A captain is even more rare because there are not that many captains. He did it in the span of eight days," he said, referring to the length of the judge's deliberation.

Albro's suit cited a state law that gives officers 30 days to change their minds about retirement and apply for reinstatement, said Albro's attorney, Vincenza Leonelli-Spina.

The court ruled in 1999 that Albro was entitled to reinstatement as well as a promotion to captain after years of getting passed over, Spina added. Albro is apparently no longer interested in rejoining the force.

Albro retired in 1995 with a patrolman's pension of $50,000 a year. The court ruling that raised his rank to captain, retroactive to 1993, also raised his pension by $16,000 per year and made it retroactive.

The court decision provided Albro back pay, pension benefits, and attorney fees totaling more than $450,000.

Albro won a second suit in July to get the official ceremony, after the borough refused to provide one.

After Albro's court victory, fellow retired Paramus Officer Kenneth Fekete, who attended the ceremony, sued on similar grounds with Spina's help. Fekete won his case in June for a retroactive promotion to sergeant and back pay. However, he is still waiting to collect.

"I'm happy to be here to see my friend get the promotion that was due," Fekete said. "Maybe this will be me someday."

Albro reveled in having his wife pin the captain badge on his chest and having his two daughters attach the golden bars on his shoulders.

After swearing to uphold the constitution, he shook the hand of his son, who is an officer in Mahwah, and walked out of the courthouse a captain.

"I'm going to frame this shirt and put it next to my blue [patrolman] shirt," Albro said. "This is one of the best gifts I could ask for. Tomorrow is my birthday. I turn 59."

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