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
-...,..,-.-.-.-"