Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Labor Matter
Docket No.: CSC Dkt. No. 2017-1939, OAL DKT. No. CSV 07570-17
Appellants: Damon Rich, Newark Council Local 21
Claimants’ Attorney: Lynsey Stehling, Esq.
Attorney's Address: Law Offices of Daniel J. Zirrith, LLC., 241 Forsgate Drive, Suite 109, Monroe Township, New Jersey 08831
Settlement Amount: $82,500.00
Funding Source: Insurance Trust Fund
Additional Comments:
Invitation: Acting Corporation Counsel
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WHEREAS, Appellant Damon Rich (hereinafter “Rich”) filed an appeal in the Office of Administrative Law challenging his March 12, 2015 termination of employment with the City of Newark, Department of Economic and Housing Development (hereinafter “Department” or City”) as an Urban Renewal Supervisor; and,
WHEREAS, the Department issued a Preliminary Notice of Disciplinary Action (“PNDA”) for removal on March 13, 2015 and issued an Amended PNDA on March 16, 2015 for removal; and
WHEREAS, the Department held a disciplinary hearing on the following dates: September 29, 2015, December 10, 2015 and May 25, 2016, and on December 12, 2016 the Hearing Officer issued a recommendation of removal; and
WHEREAS, on December 22, 2016 Rich filed an appeal with the Civil Service Commission; and
WHEREAS, at the request of the parties, the Civil Service Commission held the matter in abeyance while the Parties worked to resolve the matter. Based on the parties’ inability to reach a settlement, the matter was transferred to the Office of Administrative Law (“OAL”) under Docket Number CSV 07570-2017N; and
WHEREAS, on December 11, 2017, an in-person conference was held before Judge Elisa Testa, ALJ, and the parties resumed settlement discussions to resolve the matter; and
WHEREAS, the City and Rich have determined that it is in their respective best interests to amicably resolve the appeal of his termination without admission or adjudication of fact or law with the attached Settlement Agreement and General Release (“Settlement Agreement”); and
WHEREAS, as part of the settlement between the parties, Rich agrees to withdraw his action and provide the City with a full release regarding the facts and circumstances related to his removal. In return, the City agrees to pay Rich the amount of Eighty-Two Thousand Five Hundred Dollars and Zero Cents ($82,500.00) (“Settlement Sum”) in satisfaction of the settlement terms; and
WHEREAS, the Acting Corporation Counsel deems it is in the best interest of the City to resolve Rich’s appeal of the termination pursuant to the terms contained herein.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Acting Corporation Counsel is authorized to execute the Settlement Agreement and General Release between the City of Newark and Appellant Damon Rich under IMO Damon Rich v. City of Newark Department of Economic and Housing Development, OAL Dkt. No. CSV 07570-2017N for settlement of claims; and
2. The Mayor and the Acting Corporation Counsel are authorized to obtain and execute any other documents, sufficient in form and content to the Acting Corporation Counsel, and take whatever actions necessary to effectuate the terms of the within resolution and settlement of this matter pursuant to the terms contained in this Resolution and Settlement Agreement.
3. Rich agrees to withdraw the pending action against the City. In return, the City agrees to pay Rich a Settlement Sum of Eighty-Two Thousand Five Hundred Dollars and Zero Cents ($82,500.00).
4. The Director of the City of Newark’s Department of Finance is hereby authorized to issue a check to Damon Rich, 25 Prospect Street, #502, Newark, New Jersey 07105, in the amount of Eighty-Two Thousand Five Hundred Dollars and Zero Cents ($82,500.00) pursuant to the Settlement Agreement and General Release approved by the court at OAL, on the record, on December 11, 2017.
5. Attached hereto is a Certification of Funds, issued by the Director of the Department Finance of the City of Newark, which states that there are available sufficient, legally appropriated funds in the amount of Eighty-Two Thousand Five Hundred Dollars and Zero Cents ($82,500.00) for the purpose set forth herein above and which states that the line appropriation of the office budget which shall be charged is the Department of Business Unit: NW025, Dept.: 25T, Budget Year: B2018, Account# 96340
6. The Acting Corporation Counsel shall file a copy of the adopted Resolution and fully executed Settlement Agreement and Release in the Office of the City Clerk.
STATEMENT
This Resolution authorizes the Acting Corporation Counsel, on behalf of the City of Newark, to enter into a Settlement Agreement and General Release to resolve the matter captioned IMO Damon Rich v. City of Newark, Economic and Housing Development, OAL Dkt. No. CSV 07570-2017N in exchange for Appellant Damon Rich’s dismissal of any and all claims against the City of Newark, and its employees and a complete release.