Lawrence Reynolds had been the subject of 51 internal investigations during his 17-year career before being caught sleeping at a Burger King in 2012
A state appeals court on Monday upheld the firing of an Irvington police officer caught sleeping on the job in 2012. (Star-Ledger file photo) IRVINGTON - The state has upheld the 2012 firing of a township police officer who was caught sleeping on the job at a local fast food restaurant.
A pair of appellate judges on Monday rejected arguments from Lawrence Reynolds claiming he had merely been "closing his eyes", and that an internal probe had turned up insufficient evidence to prove otherwise.
According to court records, the alleged nap took place on Jan. 7, 2012, when the 17-year-veteran was working an extra-duty assignment to provide security at a Burger King restaurant.
Just before 11 p.m., two police sergeants happened upon his cruiser, and found him snoozing for about five minutes before tapping him on the arm to rouse him. They later submitted a report to department administrators.
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An Burger King assistant manager corroborated the sergeants' claims, and surveillance video showed Reynolds sleeping in his uniform on four different occasions between 9 p.m. and 10:38 p.m., court documents state. The following month, Reynolds was charged with various departmental offenses, which led to his firing in April 2012.
He appealed the decision to an administrative law judge, claiming that he suffered from "dry eye syndrome", the effects of which could be remedied by closing one's eyes for brief periods of time.
The judge was unconvinced, however, and upheld the firing in September 2012, saying that Reynolds had not only neglected his duties, but "presented a danger to himself and the public" by sleeping with his service weapon clearly exposed.
Reynolds' arguments that the firing had been unduly harsh were also rejected, with the judge noting that he had been the subject of 51 separate internal affairs investigations during his 17-year career, resulting in various suspensions, reprimands and mandatory counseling sessions. According to court records, at least two of the internal probes were spurred after earlier incidents where he was caught sleeping on the job.
An appeal followed, but the state judges ruled Monday that they saw "no factual or legal basis" to overturn the earlier decision.
"The blatant fact that he was asleep while on duty, coupled with his prior disciplinary record, are alone sufficient grounds to justify his removal from office," they wrote.
Irvington Police Director Tracy Bowers said he had no immediate comment on the decision.
Reynolds' Newark-based attorney, Annette Verdesco, could not immediately be reached.
Dan Ivers may be reached at divers@njadvancemedia.com. Follow him on Twitter at @DanIversNJ. Find NJ.com on Facebook.