---

James Famularo, who was suspended from his post as assistant city manager after his arrest at his Asbury home in 2012,  has been accepted into the pretrial intervention [PTI] program, which will result in all charges against him being dismissed if he successfully completes a year-long probation. The program is available to first time offenders.

Famularo was accepted into the PTI program on Sept. 8, according to Charles Webster, public information officer for the Monmouth County Prosecutor’s Office. He was suspended without pay after police responded to a domestic violence 9-1-1 call at his home shortly after 3 a.m. on June 17, 2012. He was ultimately charged 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.

Webster was unable to comment on the terms of the PTI agreement, including the terms of the probation agreement. Famularo referred all questions about his PTI agreement and case to his attorney, Edward Bertucio. Bertucio did not return several calls for comment.

Steve Glickman, the city’s labor attorney, said he was not aware of the terms of Famularo’s probation since it was a criminal matter, and city officials are currently in discussion of “what to do and where to go” in terms of Famularo’s position and the status of his back pay.

The city maintains the position that Famularo’s admission into a PTI program does not entitle him to back pay, Glickman said, and no money has been exchanged since he was suspended.

His pay at the time of the suspension was $80,069 per year.

“Just because the case was dismissed criminally does not mean the city does not get to move forward administratively,” Glickman said.

In Asbury Park’s form of government, all city employees are appointed by the city manager. Acting City Manager Anthony Nuccio said he was not briefed by anyone in regard to Famularo’s situation, and whether Famularo will be eligible to return to his position is up to city council.

“I think it’s something the council has to look at,” Nuccio said. “I wouldn’t see why he wouldn’t [be allowed to return], but that is a policy call — he still has a job here.”

Mayor John Moor declined to comment on the issue, citing it as a personnel matter.

While Famularo would not comment on the legal matter, he did offer up a personal sentiment about his roots in the city and love for it.

Famularo earned a masters degree in public administration from the University of Pittsburgh with the goal of returning to live and work in his hometown.

“I graduated from Asbury Park High School in 1983 and I’ve always lived in Asbury Park,” he said. “I’m one of the only people employed in the city that graduated from Asbury Park High School and still live in Asbury Park, my kids go to Asbury Park schools.”

————————————————————

Follow the Asbury Park Sun on Facebook,  Twitter and Instagram.

---