HomeMy Public PortalAboutR 00:174No. 00-174 Date of Adoption' JUNE 1, 2000
RESOLUTION AUTHORIZING THE EXECUTION OF AN
AGREEMENT AND STIPULATION OF SETTLEMENT
WHEREAS, certain members of the Carteret Police Department filed an
appeal of a demotion plan implemented by the Borough of Carteret (the
"Borough"); and
WHEREAS, the appellants and the Borough wish to settle the matter; and
WHEREAS, the Mayor and Council of the Borough of Carteret believe that
a settlement is in the best interest of the Borough; and
WHEREAS, Councilwoman Quinones, as Chairwoman of the Police
Committee has executed an agreement and stipulation of settlement on behalf
of the Borough, to facilitate the settlement.
NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the
Borough of Carteret that the attached agreement and stipulation of settlement,
copy attached, is hereby approved.
BE, IT, FURTHER RESOLVED THAT Councilwoman Quinones'
execution of said agreement and stipulation of settlement, is hereby
authorized.
Adopted this 1st day of June 2000 and
certified as a true copy of the original
on June 2 nd, 2000.
KATHI F, EN M. BARNEY, RMC/CMC
Municipal Clerk
COUNCILMAN
CR TI.I.I~Y
FAZEKAS
O' BRIEN
RECORD OF COUNCIL VOTE
COUNCILMAN
QUINONES
SANTORO
SOHAYDA
X - Indicate Vote AB - Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto
Adopted at a meeting of the Municipal Council
JUNE 1, 2000
CLERK
\RYE STGWt'LI , SR°
YARON IIELMER**
TODD J. (iELI5xND°
HELMER KASSEL & STOWELL, P.A.
ATTORNEYS AT LAW
111 WIIITE HORSE PIKE
HADDON IlEIGHTS, NEW JERSEY 08035
Phone: 856-547-7888 Fax: 856-547-7797
May 9, 2000
127 \Vest Broadway
Salem, NJ 08079
856 935-63011
130 West Broad Streel
Bridgctom NJ 08302
856 451-8181
Patrick DiBlasio, Treasurer
Borough of Carteret
20 Cooke Avenue
Carteret, NJ 07008
Re:
McFadden, et al v. Borough of Carteret
Our File No. 1626
Dear Mr. DiBlasio:
Confirming my conversation with you of May 8, 2000, enclosed please find an Agreement
and Stipulations of Settlement resolving a case in the matter of Dennis McFadden, et al v. Borough
of Carteret. As you will see from the Agreement and Stipulations of Settlement attached to the
Decision, the Borough is to pay $2,033 total to Sergeants McFadden and Tarrant. Upon speaking
with Paul McCusker, Esquire, who represents the two sergeants, he requested that the check be
routed through his office in the event that it was not already paid by the time I had spoken to him
yesterday morning. As such, if you would kindly send the check to the law offices of McCusker,
Anselmi, Rosen, Carvelli and Walsh, 127 Main Street, Chatham, NJ 07928, attention Paul G.
McCusker, Esquire, it would be appreciated. As you will see, I have copied Mr. McCusker with this
correspondence so that he will know and so that he may advise his clients that the check will be
forthcoming through him.
If you have any remaining questions or comments, please feel free to contact me at the above
phone number.
Very truly yours,
HELMER, KASSEL & STOWELL, P.A.
/laf
Enclosure
Borough of Carteret
Paul McCusker, Esquire
State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
9 Quakerbridge Plaza
PO Box 049
Trenton, NJ 08625-0049
A copy of the administrative law judge's
decision is enclosed.
This decision .~..=.:,_a .~
parties on HAY 5 2000
?,'E'g'JERSE)' IS AN EQL~4L OPPOR TLWIT}' IgffPLO }T_R
DENNIS McFADDEN, ET AL.,
Appellants,
BOROUGH OF CARTERET,
Respondent.
State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
INITIAL DECISION
SETTLEMENT
OAL DKT. NO. CSV 6172-99
AGENCY DKT. NO. 99-03898
Paul G. Mc'Cukser, Esq., for appellants (McCusker, Anselmi, Rosen, Carvelli & Walsh, attorneys)
Todd J. Gelfand, Esq., for respondent (Helmer, KasseI & Stowell, attorneys)
Record Closed: May 1, 2000 Decided: May 2, 2000
BEFORE JOSEPH LAVERY, ALJ:
This matter was transmitted to the Office of Administrative Law on July 27, 1999, for
determination as a contested case, pursuant to N~J.S.A. 52:14B-1 to -15 and N.J. XA. 52:14F-1 to
-13.
The parties have a~eed to a settlement and have prepared a stipulation of settlement
indicating the terms thereof, which is incorporated herein by reference and attachment.
NE W dERSE Y IS A N EQ UA L OPPOR TUNI'FY EMPL 0 YER
· OAL DKT. NO. CSV 6172-99
I have reviewed the record and the terms of settlement and I FIND:
The parties have voluntarily a~eed to the settlement as evidenced by their
signatures or their representatives' si~amres.
The settlement fully disposes of ail issues in controversy and is consistent with the
law.
I CONCLUDE that this agreement meets the requirements ofN. diA.C. 1:1-19.1 and that
the settlement should be approved. I approve the settlement and therefore ORDER that the
parties comply with the settlement terms and that these proceedings be concluded.
I hereby FILE my initial decision xvith the MERIT SYSTEM BOARD for
consideration.
This recommended decision may be adopted, modified or rejected by the MERIT
SYSTEM BOARD, which by law is authorized :to make a final decision in this matter, if the
Merit System Board does not adopt, modify or reject this decision within forty-five (45) days and
unless such time limit is other, vise extended, this recommended decision shall become a final
decision in accordance with N.X S.A. 52:14B- l 0.
OAL DKT. NO. CSV 6172-99
May 2, 2000
DATE
H LAVERY,~
Receipt Acknowledged:
DATE
HAY 52000
DATE
MERIT SYSTEM BIJARD
Maile.d.4o Pacti~s:
~ ACTING DIRECTO~ AND
~,/ ~/CHIEF AD MINISTRA*ITVE LAW dUD~
OFFIC(~ OF ADMINISTRATWE LAW
AGREEMENT AND STIPULATIONS OF SETT[~EM:EN~
WHEREAS, the Borough ofCarteret (hereinat~er "the Borough") filed a p~an for demotion
with the Depmhnent of Personnel, pursuant to N.J.A.C. 4A:8-1.4, on or about April 5, 1999, and a
revised plan on or about May 10, 1999; AND
WHEREAS, the demotion plan called for the demotion of Carteret Police Sergeants Dennis
McFadden, Nicholas Mirandi, Michael D. Huckko and Andrew Tarrant to the rank of patrolman;
AND
WHEREAS, pursuant to the plan of demotion, Dennis McFadden was in fact demoted
effective following the pay period ending July 9, 1999; AND
WItEREAS, pursuant to the plan of demotion, Andrew Tarrant was in fact demoted effective
following the pay period ending July 9, 1999; AND
WHEREAS, Sergeants Nicholas Mirandi and Michael D. Huchko were not affected by the
demotion plan, they were not demoted, despite their inclusion in the plan; AND
WHEREAS, both McFadden and Tarrant were promoted back to the rank of Sergeant
effective with the two week pay period ending December 3, 1999; AND
WHEREAS, McFadden, Tarrant, Huchko and Mirandi ("the Appellants"), as well as Local
47 of the Policeman's Benevolent Association (the "PBA"), filed a good faith appeal of the demotion
plan pursuant to .N.J.A.C. 4A:8-2.6(a)(1); AND
WHEREAS, the amount of back pay at issue in the aforesaid appeal is approximately
$4,066.00; '
It is hereby agreed upon as follows:
The Borough of Carteret shall pay to Sergeants McFadden and Tarrant the s'.:m to.'.a!
,~.u.~.~.uv in satisfaction of any and all claims that McFadden, Tarrant and the
PBA may have or may have had against the Borough related to the demotion plan
and demotion action.
The Appellants' good faith appeal of the demotion action shall be dismissed with
prejudice.
By the signature of its representative appearing herein, the Borough represents and
warrants to the Appellants that it has no present intention of further non-disciplinary
demotion action, and that should circumstances change in the future causing the
Borough to seek to again implement non-disciplinary dfimotions, the procedures
mandated by the N.J.A.C. or any other governing law then in effect shall be
followed.
Page 1 of 2
This agreement shall not be construed, nor shall any of the parties to it urge it to be
interpreted, as any admission by any party of(or evidence to) the merit or lack of
merit to the good faith appeal of the Appellants nor the bona fides or good or bad
faith of the demotion action itself.
This Stipulation of Settlement and Agreement constitutes the entire understanding
between the parties.
The individual signing below on behalf of the Borough represents that she is
authorized to enter into this Agreement on behalf of the Borough. The individual
signing below on behalf of the PBA represents that he is authorized to enter into this
Agreement on behalf of the PBA.
Remy k~uinones Date
Chairperson, Police Committee, Borough of Carteret
Dennis McFadden r Date
Nicholas Mirandi
f ate'
bate/ ·
Andrew Tarrant Date
Type Name: Michael Materazzo
Title: PBA Delegate
For PBA Local No. 47
Date
Page 2 of 2