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0.5-175
Date "I' Adl>rtionMAY 19, LOOS
No.
AUTHORIZING SETTLEMENT AGREEMENT WITH POLICE SERGEANT
NICHOLAS ZUBENKO AND AUTHORIZING HIS APPOINTMENT TO THE
POSITION OF POLICE LIEUTENANT
WHEREAS, a civil service appeal bearing OAL Docket No. CSVOT 08745-
2003S was filed by Nicholas Zubenko (hereinafter "Zubenko") against the Borough of
Carteret (hereinafter "Borough") after Zubenko was bypassed for promotion to the
position of police lieutenant; and
WHEREAS, Zubenko has subsequently advised the Borough of his desire to
retire from his position with the Carteret Police Department effective June 1,2005; and
WHEREAS, in light of Zubenko's intended retirement the parties are desirous of
resolving said litigation without further cost to either party; and
WHEREAS, the parties to the proposed settlement have agree to appoint
Zubenko to the position of Police Lieutenant effective May 31, 2005, contingent upon his
immediate retirement from the Carteret Police Department effective June 1, 2005, and
subject to the terms and conditions of the attached Settlement Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the
Borough of Carteret as follows: .
1. That the attached Settlement Agreement is hereby approved and the
Mayor is hereby authorized to execute the same on behalf ofthe
Borough.
2. That Nicholas Zubenko is hereby appointed to the position of Police
Lieutenant effective May 31, 2005, retroactive to May 31, 2004,
contingent upon his retirement from the police department effective
June 1,2005, and subject to all the terms and conditions as set forth in
the above referenced Settlement Agreement.
3. That the appropriate Borough officials are hereby authorized to take the
necessary actions to implement said Settlement Agreement.
4. That a copy of this Resolution and the executed Settlement Agreement
be forwarded to the Borough's Police Department and Payroll
Department.
Adopted this 3'd day of June, 2004
and certified as a true copy of the
original on June 4, 2004.
KATHLEEN M. BARNEY, RMC/CMC
Municipal Clerk
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Adopted at a meeting üf {he Municipal Council
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RECORD OF COUNCIL VOTE
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