ASBURY PARK -- The city's former acting police chief, Anthony Salerno Jr., filed a lawsuit last month against the city and its officials, claiming his promotion to full chief was hindered because he is white.

Salerno's lawsuit, filed in Monmouth County Superior Court on Aug. 30 and obtained by the Asbury Park Press, is the second racial discrimination lawsuit filed against the city in nearly three months. Sgt. Marshawn Love claims he was demoted by Salerno because he is black.

But in Salerno's case, he claims Mayor John Moor, who is white, Councilman Jesse Kendle and Councilwoman Yvonne Clayton, who are both black, prevented Salerno from shedding the "acting" title to "satisfy their agenda of promoting more officers of color in the (police) Department," the lawsuit states.

"It is clear that racial motivations, not financial considerations, are forestalling the legitimate promotion of Deputy Chief Anthony Salerno," the lawsuit says.

Salerno, then a 26-year veteran of the police department, was promoted from captain to deputy chief in May 2014. He became acting chief following the retirement of police Chief Mark Kinmon.

Salerno, 64, retired in April and reportedly received a $127,000 payout on top of his pension for unused vacation and sick time. State pension regulations require police and firefighters to retire at the age of 65.

Salerno states in the lawsuit that he remained in the "acting" role for 29 months and after he was denied a promotion, was asked to stay on until the end of 2017.

The city of Asbury Park receives "substantial financial assistance" from the state and has entered into a memorandum of understanding with the state Department of Community Affairs. According to the lawsuit, that memorandum of understanding prohibits "assigning any person in an 'acting capacity.'"

The lawsuit says when Moor, the city's mayor, was advised of the violation of the memorandum, he responded by saying, "Let him sue, who cares, if he wins, we'll promote him."

The city also "refused" to make promotions that Salerno and the city manager recommended to Moor and the council because "to do so, the city would have to promote white officers to the rank of chief of police, deputy chief, captain, lieutenant and sergeant given the racial composition of the current promotional lists," according to the lawsuit.

An attorney representing Salerno, Charles Uliano, said "the complaint speaks for itself," and declined to comment further.

Moor said in an email that the "City and its representatives do not comment on either pending or ongoing litigation."

Salerno was recently a defendant in a lawsuit filed by Love, a former captain who was demoted to sergeant. Love was disciplined by Salerno for twice leaving the scene of a June 2016 shooting in which former Neptune Police Sgt. Philip Seidle, who was off-duty at the time, shot his ex-wife to death on a crowded Asbury Park street in broad daylight.

Love was one of the first officers to arrive at the scene and as captain, was the highest-ranking officer present. However, Monmouth County Prosecutor Christopher Gramiccioni concluded following an internal investigation that Love violated police protocol by leaving the scene as the most senior member and recommended he be disciplined.

Nearly a year after Love was demoted two ranks to sergeant, he filed a lawsuit, claiming he was penalized because he is black and that he was "scapegoated for the Seidle shooting."

Alex Napoliello may be reached at anapoliello@njadvancemedia.com. Follow him on Twitter @alexnapoNJ. Find NJ.com on Facebook.

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