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File #: 17-1387    Version: 1 Name: Civil Litigation Settlement (Registered Environmenal Health Specialists)
Type: Resolution Status: Adopted
File created: 7/18/2017 In control: Law
On agenda: 8/2/2017 Final action: 8/2/2017
Title: Dept/ Agency: Law Department Action: ( ) Ratifying (X) Authorizing ( ) Amending Purpose: Settlement of Civil Litigation Docket No.: ESX-L-7839-15 Claimants: Robert Ferrell, Tanya Fraser, Martha Duque, Tessa Samuels, Lowella Hardy, Abraham Sissoko, Gessy Theodore and Berlyne Vilcant Claimant's Attorney: Zazzali, Fagella, Nowak, Kleinbaum and Friedman Attorney's Address: One Riverfront Plaza, Suite 320, Newark, New Jersey, 07102 Settlement Amount: Amount not to exceed $275,000.00 Funding Source: Insurance Trust Fund Additional Comments: Invitation: Corporation Counsel, August 1, 2017
Sponsors: Council of the Whole
Attachments: 1. 17-1387 certified resolution.pdf
Title
Dept/ Agency: Law Department
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Civil Litigation
Docket No.: ESX-L-7839-15
Claimants: Robert Ferrell, Tanya Fraser, Martha Duque, Tessa Samuels, Lowella Hardy, Abraham Sissoko, Gessy Theodore and Berlyne Vilcant
Claimant's Attorney: Zazzali, Fagella, Nowak, Kleinbaum and Friedman
Attorney's Address: One Riverfront Plaza, Suite 320, Newark, New Jersey, 07102
Settlement Amount: Amount not to exceed $275,000.00
Funding Source: Insurance Trust Fund
Additional Comments:
Invitation: Corporation Counsel, August 1, 2017
body

WHEREAS, Plaintiffs Robert Ferrell, Tanya Fraser, Martha Duque, Tessa Samuels, Lowella Hardy, Abraham Sissoko, Gessy Theodore and Berlyne Vilcant ("AFSCME Plaintiffs") instituted a suit in Essex County Superior Court AFSCME Council 52, Local 2299, Robert Ferrell, Tanya Fraser, Martha Duque, Tessa Samuels, Lowella Hardy, Abraham Sissoko, Gessy Theodore and Berlyne Vilcant v. City of Newark, Docket No. ESX-L-7839-15 seeking, among other things, payment at the maximum salary within the applicable salary range within five years of their respective appointments to the position of Registered Environmental Health Specialist ("REHS") in accordance with N.J.S.A. 26:3-25.1; and

WHEREAS, a settlement proposal has been made, in the form of a Settlement Agreement and Release ("Agreement") to resolve this litigation in its entirety for seven of the eight Plaintiffs ("Released Plaintiffs") by the following payments: (a) Tanya Fraser: Twenty-Nine Thousand, Eight Hundred Sixty Five Dollars and Zero Cents ($29,865.00); (b) Martha Duque: Forty-One Thousand, Four Hundred Ninety Seven Dollars and Zero Cents ($41,497.00); (c) Tessa Samuels: Twenty-Eight Thousand, Four Hundred Thirty Five Dollars and Zero Cents ($28,435.00); (d) Lowella Hardy: Forty-Two Thousand, Two Hundred Ninety-Five Dollars and Zero Cents ($42,295.00); (...

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