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An independent hearing officer has upheld city officials’ decision to suspend assistant city manager James Famularo without pay following an incident with the police that took place almost a year ago.

Police responded to a domestic violence 9-1-1 call at Famularo’s home shortly after 3 a.m. on Sunday, June 17, 2012, Police Chief Mark Kinmon said last year after the event. The officers ultimately charged Famularo with simple assault under the domestic violence statute, as well as one count of aggravated assault on a police officer and one count of resisting arrest, Kinmon said at the time.

Famularo was suspended from his post without pay effective June 18, according to Cassandra Dickerson, executive secretary to the city.

His wife, Shonna Famularo, is currently running for city council on the AP Out Front ticket.

Famularo is eligible for both an administrative hearing with the city, and a criminal hearing orchestrated by the Monmouth County Prosecutor’s Office, Reidy said. Famularo has not requested an administrative hearing from the cit, Reidy said, and the Prosecutor’s Office is responsible for scheduling the criminal hearing.

The city decided to suspend Famularo without pay due to the assault against a police officer charges, Reidy said. After Famularo had used his vacation time, his attorney said the city did not have the right to suspend him without pay before a criminal hearing.

Following a recent hearing, hearing officer Carol Laskin upheld the city’s decision to suspend Famularo without pay, Reidy said.

Famularo opted to use 117 days of accumulated vacation time to collect pay during the first six months of the suspension, city manager Terence Reidy said. His pay at the time of the suspension was $80,069 per year, Dickerson said.

For the past month, Police Chief Mark Kinmon has been filling in as interim assistant city manager, Reidy said. Kinmon is receiving a $5,000 annual stipend to assist Reidy, he said.

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