Loading...
HomeMy Public PortalAboutr 05:145 ~csnlutin1t nf tqc lßnrnugq nf QIartcrct, ~. 3J. No. 05-145 Date of Adoption April 21. 2005 APPROVING STIPULATION OF SETTLEMENT & GENERAL RELEASE AND APPOINTING MARK HRUSKA TO THE POSITION OF FIREFIGHTER WHEREAS, in 1998 and 1999 The Borough of Carteret made several appointments to the position of Firefighter from the then applicable Certification of Eligibles for said position; and WHEREAS, Mark Hruska (hereinafter "Hruska") was not one of the individuals selected pursuant to the above referenced appointments and thereafter challenged said appointments with the Merit System Board alleging that he was improperly bypassed; and WHEREAS, the matter was referred to an Administrative Law Judge for a hearing who determined that the Borough did not engage in any improper conduct but simply placed excessive influence on Hruska's status as a volunteer firefighter in making the aforementioned appointments; and WHEREAS, the Merit System Board rejected the Administrative Law Judge's decision and determined that the weight given to Hruska's volunteer status was appropriate; and WHEREAS, Hruska appealed the Merit System Boards decision to the Superior Court of New Jersey, Appellate Division; and WHEREAS, the Appellate Division reversed the Merit System Boards decision solely with regard to clarify the issue of the comparative weight that should have been given to Hruska's volunteer status and directed the Borough to redo the appointment selection process with regard to the previous appointments, reconsidering the respective qualifications of all of the applicants including Hruska's volunteer status all ofthe factors relative to said appointments, including Hruska's volunteer status; and WHEREAS, the parties wish to forestall any further litigation with regards to this matter and desire to settle any outstanding issues related thereto; and WHEREAS, the parties have negotiated a formal Stipulation of Settlement and General Release in final resolution of this matter NO. 05-145 PAGE 2 of 2 NOW, THEREFORE, BE IT RESOLVED by Mayor and Council of the Borough of Carteret as follows: I. That the attached Stipulation of Settlement and General Release is hereby approved and the Mayor is hereby authorized to execute the same. 2. That the appropriate Borough officials are hereby authorized and directed to take the necessary action to implement the terms of said Settlement Agreement. 3. That Mark Hruska is hereby appointed to the position of Firefighter effective December 7, 1998 from the corresponding Certification of Eligibles and in conformance in all respects with the terms and conditions of the attached Settlement Agreement. 4. That a copy of this Resolution be forwarded to the New Jersey Department Personal effectuating the referenced appointment of Hruska to the position of Firefighter. 5. That a copy of this Resolution and Settlement Agreement be forwarded to the Fire Chief and the Borough Payroll Department for action consistent therewith. Adopted this 21 st day of April, 2005 and certified as a true copy of the original on April 22, 2005. KATHLEEN M. BARNEY, RMCICMC Municipal Clerk ---- RECORD OF COUNCIL VOTE COU!\CILMAN YES :\0 :\v A.B. X X X COUNCILMAN YES NO !\V A.B. X X X BELLINO RIOS SITARZ ~- x - Indicate Vote AB - Absent NY - Not Voting XOR - Indicates \iote to Overruk Veto TL -----~--- Adopted at a meeting of the Municipal Council April 21. 2005 .1 ~ , CLERK -...,..,-.-.-.-"