Woodbridge police captain alleges age discrimination after being bypassed for promotion

A veteran Woodbridge Police captain is suing the township and the department claiming he was bypassed for a promotion because of his age.

According to the lawsuit, 55-year-old Capt. Damian Neste, who has nearly 30 years’ experience on the force, was twice passed over for promotion to chief law enforcement officer, a post traditionally given to the most senior police captain in the department.

The chief law enforcement officer position carries a $19,000 raise along with increases in pension benefits.

According to the lawsuit filed in Middlesex County Superior Court, Neste, hired as a patrol officer in August 1994, was first bypassed for the chief law enforcement officer job in 2023 when Capt. Robert Brady, who was the next most senior police captain after Neste, was promoted to the position.

Neste was bypassed again last month when Capt. Brian Murphy was promoted on Feb. 1 following Brady's retirement, according to the lawsuit.

The lawsuit says Murphy, 49, has 24 years with the police department.

In the lawsuit, Neste says he has not been given any reason for not getting the promotion. including no claims of wrongdoing or disqualifying factors and no disciplinary or performance issues.

"While we are aware of the Notice of Intent filed by Captain Damien Neste, we are unable to comment on pending litigation," said John Hagerty, Woodbridge public information officer.

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According to the lawsuit, Neste was a patrol officer who was assigned as a detective in May 1998, promoted to sergeant in October 2007, to detective sergeant in July 2010, and to lieutenant in April 2011. In October 2016 he was promoted to captain and served as commander of the department's Criminal Investigations Division.

In February 2023 Neste learned there was going to be an opening for the chief law enforcement officer position after the April 1, 2023 retirement of Capt. Scott Kuzma.

According to the lawsuit, the position of chief law enforcement officer has always gone to the most senior police captain, that Neste claims he was.

In February 2023 Neste was interviewed for the promotion Police Director Robert Hubner and Deputy Police Director Joseph Nisky, according to the lawsuit. During the interview Hubner asked Nesta if he wanted to apply for the position, and how long he planned on staying with the department since he had enough time to retire, the lawsuit says.

About 10 days later Neste learned that Capt. Robert Brady received the promotion.

In early October 2023 Hubner announced that there was going to be another opening for chief law enforcement officer with Brady's retirement and the February 2023 interviews would be used to make the selection, the lawsuit says.

But on Oct. 10, 2023, Neste learned Murphy would be promoted. Murphy, who had served in patrol, the detective bureau and the special investigations unit, became chief law enforcement officer on Feb. 1, the lawsuit says.

According to the lawsuit, the only reason offered why Neste was not selected was because he was told by Hubner that "we see Murphy as a long-term solution."

"Even though neither age nor years of pensionable service can be considered when making personnel decisions by management, the 'long-term solution' reasoning, absent any other, cannot be interpreted in any other way than that age was an illegal motivating factor," the lawsuit argues. "Defendants decided to put in a younger and less experienced individual with the goal of them being in the position longer."

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Last year Neste filed an internal grievance with Hubner, maintaining the promotion process was "arbitrary and capricious, violated past practice, did not have identified criteria with specific weights, and was unconstitutionally vague."

Neste's grievance was denied a few days later. He appealed to the township administrator and the case was transferred to the township Human Resources Department for investigation.

But Neste's grievance appeal was denied.

Email: srussell@gannettnj.com

Suzanne Russell is a breaking news reporter for MyCentralJersey.com covering crime, courts and other mayhem. To get unlimited access, please subscribe or activate your digital account today.

This article originally appeared on MyCentralJersey.com: Woodbridge NJ police captain alleges age discrimination in lawsuit