File #: 15-0726    Version: 1 Name:
Type: Resolution Status: Filed
File created: 4/2/2015 In control: Law
On agenda: 6/17/2015 Final action: 6/17/2015
Title: Dept/ Agency: Law Action: ( ) Ratifying (X) Authorizing ( ) Amending Purpose: Payment of legal fees incurred in defense of Police Officers Docket No.: ESX-L-843-13 Claimant: Fusco & Macaluso, LLC Claimant's Attorney: David T. Ercolano, Esq. Attorney's Address: 150 Passaic Ave., Passaic, New Jersey 07055 Payment Amount: $35,000.00 Funding Source: Insurance Trust Fund Additional Information: Matter involves multiple police officers - see complaint Invitation: Corporation Counsel, June 16, 2015
Sponsors: Council of the Whole
Title
Dept/ Agency:  Law
Action:  (   ) Ratifying     (X) Authorizing     (   ) Amending
Purpose:  Payment of legal fees incurred in defense of Police Officers
Docket No.:     ESX-L-843-13                    
Claimant:  Fusco & Macaluso, LLC
Claimant's Attorney:         David T. Ercolano, Esq.      
Attorney's Address:  150 Passaic Ave., Passaic, New Jersey 07055
Payment Amount: $35,000.00
Funding Source: Insurance Trust Fund
Additional Information:  
Matter involves multiple police officers - see complaint   
Invitation: Corporation Counsel, June 16, 2015          
body
 
WHEREAS, a suit was instituted in the Superior Court of New Jersey, Essex County, Law Division captioned Fusco & Macaluso v. City of Newark, et al., Docket Number: ESX-L-843-13, in which the plaintiff sought recovery for legal fees for services rendered; and
 
WHEREAS, it has been determined that plaintiff is entitled to legal fees and a proposal has been made to resolve this litigation by payment in the total amount of $35,000.00 (Thirty-Five Thousand Dollars and Zero Cents); and
 
      WHEREAS, the Corporation Counsel based upon all facts and circumstances deems it in the best interest of the City of Newark to resolve said matter by payment of the proposed Settlement.
 
      NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
    1. The Corporation Counsel is hereby authorized on behalf of the City of Newark to execute and accept the terms of the Settlement Agreement and Release, attached hereto.
    1. Upon receipt by the Corporation Counsel of all documents deemed necessary, the Acting Director of Finance is hereby authorized and directed to issue a check in the amount of $35,000.00 (Thirty Five Thousand Dollars and Zero Cents), which payment shall be made payable to "Fusco & Macaluso, LLC" and which payment will be mailed to Fusco & Macaluso, LLC 150 Passaic Avenue, Passaic, New Jersey 07055.
    1. Annexed hereto is the Certification of Funds issued by the Acting Director of Finance, City of Newark, which states that there are available sufficient legally-appropriated funds from Fund 025, Agency 25T, Orgn 7T25, Object 96320, in the amount of Thirty-Five Thousand Dollars and Zero Cents ($35,000.00), for the purpose set forth herein.  A copy of the Comptroller's Certification shall be filed in the Office of the City Clerk along with this Resolution by the Corporation Counsel.
    3. A fully executed copy of the Settlement Agreement shall be filed in the Office of the City Clerk by the Corporation Counsel.
    1. This resolution shall be effective upon adoption in accordance with applicable State Law.
 
STATEMENT
 
This Resolution authorizes the Corporation Counsel on behalf of the City of Newark to enter into a Settlement Agreement and Release to settle civil litigation captioned, Fusco & Macaluso v. City of Newark, et al., Docket Number: ESX-L-843-13 in the amount of Thirty-Five Thousand Dollars and Zero Cents ($35,000.00), in exchange for Plaintiff's dismissal of any and all claims against the City of Newark and a complete release.