Hudson County to officer in Obama shirt: No you can't

Monday, July 07, 2008
By EARL MORGAN
JOURNAL STAFF WRITER

A First Amendment dust-up is brewing at the Hudson County Correctional facility in Kearny over a corrections officer wearing a Barack Obama T-shirt to work.

Corrections Officer Anthony Smith said he was told by supervisors he violated department policy on June 20 when he wore to work a T-shirt emblazoned with "He's Black and I'm Proud," along with a likeness of the presumptive Democratic presidential nominee.

Smith, a member of the gang intelligence unit, changes into a uniform to perform his duties.

According to Smith, when he arrived at work, Capt. Jose Montanez told him to report to his office. Smith found Montanez with Deputy Director Kirk Eady, who, like Smith, is black.

Montanez told him he was violating departmental policy and procedures by campaigning and soliciting on county property, Smith said.

According to Smith, Eady turned to Montanez and said, "I don't agree with that. I have a picture of Obama and what if I decided to enlarge that picture and put it on my shirt? Would I be violating county rules?'" To which Montanez replied, "Yes."

Smith then told his union rep, Irving Boards, about Montanez's directive. "'Let's go to Montanez's offices and see if we can get him to put that in writing,'" Boards suggested.

When the pair located Montanez, the captain refused to put anything in writing and told Smith to bring him the "policy and procedures" book and he would show him the page to find the rule, Smith said in a written summary to his union.

Jim Kennelly, a spokesman for Hudson County Executive Tom DeGise, told a different version.

According to Kennelly, Smith was cautioned against wearing the shirt because Smith was trying to sell similar T-shirts at $10 a pop during roll call, and the county has audio and videotape to prove it. Smith denies it.

Kennelly said the county's official policy is that political campaigning on county property is prohibited.

Kennelly said Smith is not facing any punitive action concerning the incident and added, "Officer Smith is entitled to file a grievance if he feels his First Amendments rights have been violated."