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The complaint, filed against New Jersey Attorney General Matthew Platkin and Gov. Phil Murphy in Superior Court of New Jersey, said he remains the duly appointed Prosecutor for Warren County and wants his job back.
In April, Platkin took over the Warren County Prosecutor's Office, forcing out Pfeiffer amid a state ethics probe. Pfeiffer was replaced by Anthony Picione. A spokesman said it resulted over an investigation from the state Office of Public Integrity and Accountability.
Pfeiffer's complaint says the attorney general doesn't have the right to remove a prosecutor, with the duty falling on the governor. Platkin also has no right to appoint a new prosecutor, Pfeiffer said.
"The attorney general’s actions in taking over the entire office) the Warren County Prosecutor’s Office were illegal," the complaint said.
Pfeiffer wants to be returned to his office as soon as possible.
"The residents of Warren County are entitled to be represented by Pfeiffer, who is a resident of Warren County who was duly appointed by Governor Murphy and confirmed by the New Jersey Senate," Pfeiffer said.
Pfeiffer was appointed Acting Prosecutor in 2019 and sworn into office in 2020. His term was scheduled to run until 2025. Pfeiffer said he is being investigation after two lieutenants filed a complaint with OPIA over misuse of insurance funds. The lieutenants said an insurance fund reimbursement grant was used to fund raises for prosecutors and staff, which Pfeiffer denies. Pfeiffer said the raises were funded through the elimination of a position and several retirements.
The OPIA report said Pfeiffer did not oversee the grant properly because a grant administrator did not keep adequate time records. Pfeiffer was charged with insubordination for failing to comply with an order by OPIA to allow them access to the county's computer server, so they could review 200,000 emails dating back 14 months. In the complaint, Pfeiffer said it was a violation of privacy.
Pfeiffer said the Attorney General's office demanded his resignation or else "things will get worse for him," and he'd be removed voluntarily. Pfeiffer said the appointment of Picione was politically motivated, since he worked in OPIA, the office that investigated him.
"Picone is being politically rewarded for his loyalty with a $44,000.00 raise which will also result in a substantial increase in his state pension for the balance of his life," the complaint said. "Mr. Picone has no experience in running an office, he has not been involved in negotiating union contracts, nor has he ever prepared a budget for a County Prosecutor’s office."
A spokesman for the Office of the Attorney General called Pfeiffer's lawsuit meritless.
"After an extensive investigation that revealed significant wrongdoing by former Prosecutor Pfeiffer, the attorney general superseded the Warren County Prosecutor’s Office following a written request from the governor," the spokesman said. " Rather than face removal from the Governor, Pfeiffer chose to resign. Two months later, he is not now entitled to his job back. The former prosecutor’s claims are egregiously wrong and rely on a series of misrepresentations, and we look forward to responding in court at the appropriate time.
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