Date: 201509
Local time of day: 1201-1800
Location: MMU.Tower, NJ
Light: Daylight
Aircraft: Small Aircraft; Low Wing; 1 Eng; Retractable Gear
Operator: Personal
Operating under: Part 91
Flight plan: VFR
Mission: Personal
Flight phase: Initial Climb
Airspace: Class D MMU
ATC / advisory: Tower MMU
Second aircraft: Small Aircraft; High Wing; 1 Eng; Retractable Gear
Reporter organization: Government
Reporter function: Supervisor / CIC
Reporter qualification: Air Traffic Control Fully Certified
Second reporter function: Local
Anomaly: Conflict Airborne Conflict; Deviation / Discrepancy - Procedural Clearance; Deviation / Discrepancy - Procedural Published Material / Policy
Detector: Person Air Traffic Control
When detected: In-flight
Result: Air Traffic Control Issued Advisory / Alert
Contributing factors: Human Factors; Procedure
Primary problem: Human Factors

Narrative: An aircraft was turning 2 mile left base when Aircraft X was cleared for takeoff. Aircraft Y calls ready for departure and states they are going the same direction as Aircraft X and they could get out in front of arrival aircraft who is now turning final. Local Control puts Aircraft Y on the runway (Line Up And Wait) and 24 seconds after clearing Aircraft X for take-off; Local Control clears Aircraft Y. In observing this operation I immediately question Local Controls instruction and ask if they are a formation flight. Local Control does not respond so I ask again. Local Control response is 'No'. I inform Local Control that they do not have the required separation and Local Control response is 'I am working traffic as they fly'. Aircraft Y was airborne between approximately 1;500 feet down the Runway. The required Runway separation is 3;000 feet. Thirty minutes after this event occurred I called the controller to my office to discuss his performance. I explained that the required separation standard was 3;000 feet which he did not have. The controller stated that he knew he did not have the required separation; but he knew the pilot of the second aircraft and knew it would be safe. The controller's attitude was this is not a big deal (although he admitted fault) as I continued to reiterate that rules and regulations are in place for a reason and are to be adhered to.This controllers seemingly negligent behavior is concerning to me because I am not certain if he is no longer able to do the job or won't do the job IAW rules/regulations/procedures. (Performance vs conduct). Two previous Mandatory Occurrence Reports (MOR) involving this controller have been filed. One involved Runway separation and the other involved not resolving IFR/VFR conflict. During this entire event the controller also had the briefing line selected so everything in the background is being recorded and can be heard on the attached audio. At one point after the loss of separation he asked Aircraft Y if they were a flight. The pilot states 'Well unofficially'. At the end of the audio the controller can be heard saying on the tape 'did it work; did it work' indicating that even though he broke a rule; in his mind it was still safe. I have to add that this controller has over 50 years of federal service and is still controlling at the age of almost 79. This is why I question his ability to still safely performance his duties as an Air Traffic Controller. I ask of the Event Review Committee that they thoroughly review the above information and MOR events involving this individual and consider whether this controller should be allowed to continue working in a safety related position.


Second narrative: Aircraft X called ready to depart VFR. Aircraft Y called ready immediately after stating he was following the Aircraft X indicating they were going the same way. (I am acquainted with the pilots and have great respect for the experience and professional manner of flying; especially that of pilot of Aircraft Y). I cleared Aircraft X for takeoff; then advised Aircraft Y to line up and wait. Aircraft X lifted off quickly and cleaned up rapidly. Aircraft Y was lining up and I cleared him for takeoff before Aircraft X was 3000 feet. Aircraft Y began his roll a little sooner than I anticipated. Knowing the performance of both aircraft and that this particular pilot would not have rolled if he thought he didn't have appropriate space to safely do so; I took no action to cancel takeoff clearance; a poor display of judgement on my part. Aircraft X was faster than Aircraft Y and had pulled well ahead by the time both aircraft left the departure end. Still the initial separation did not exist per separation standards.


Synopsis: MMU Tower Controller cleared an aircraft for takeoff with less than required runway separation behind previous departure. Controller stated they knew they were in violation of the separation standards when they cleared the second aircraft for takeoff but felt it was still a safe operation.