On January 7, 2012, Officer Lawrence Reynolds of the Irvington, NJ Police Dept. was on an extra-duty assignment to provide security at a local Burger King. At about 11 p.m., township sergeants arrived at the restaurant to follow up on a patron’s report that the officer was fast asleep in his police cruiser in the parking lot. The sergeants observed Reynolds sleeping for five minutes before they attempted to rouse him.
The officer’s comatose status was confirmed by Burger King’s assistant manager and later the restaurant’s surveillance tape. He was also photographed and videotaped by various passersby. The Dept. charged Officer Reynolds with multiple violations, including neglect of duty, prohibited activity (sleeping) on duty, failure to perform duties, and conduct unbecoming of a public employee. Following his disciplinary hearing, Officer Reynolds was terminated in May 2012.
Reynolds appealed his termination, and testified in a hearing he was merely “closing his eyes.” An expert ophthalmologist opined that Office Reynolds had dry-eye syndrome, which manifests itself as burning and redness. Likewise, the expert testified that these troublesome symptoms are only alleviated by shutting one’s eyes and/or prescription eye-drops. Regardless, the hearing officer and later the civil service commission declined to reverse the officer’s termination.
Having exhausted his administrative remedies, Officer Reynolds appealed to the Superior Court of New Jersey. The Court upheld the officer’s termination. Although sleeping on duty was not in and of itself sufficient to merit discharge, Officer Reynolds’ dishonesty in the initial investigation combined with his extensive disciplinary history merited termination. As of January 2012, Reynolds was the subject of 51 separate Internal Affairs investigations with 33 sustained cases, resulting in 5 suspensions among other consequences. The Superior Court also noted that the officer was unquestionably on duty at the time of the incident, wearing his full police uniform and was armed with his police-issued handgun. As a representative of the Dept., his neglect of official duties served to discredit/damage its public image. Further, the officer was entrusted with the duty to serve and protect the public. Sleeping while on duty in a highly visible, public place, with a potentially exposed weapon, presents a danger to both the police officer and the public.