Oglesby v. Pleasantville, Atlantic County Superior Court Docket No

CASTELLANI LAW FIRM, LLC
450 Tilton Road, Suite 245
Northfield, New Jersey 08225
(609) 641-2288
Attorne s fox
ti s
CHARLES OGLESBY
SUPERIOR COURT OF NEW JERSEY
ATLANTIC DIVISION
LAW COUNTY
CITY OF PLEASANTVILLE; CITY OF
PLEASANTVILLE POLICE DEPARTMENT;
CHIEF DUANE COMEAUX; CAPTAIN JOSE
RUIZ, SGT. DANNY ADCOCK.; MAYOR
RALPH PETERSON; JESSE TWEEDLE;
CITY COUNCIL PRESIDENT, MARVIN
HOPKINS, CITY ADMINISTRATOR; AND
JOIN DOE, pi- PASANTVILLE EMPLOYEES
1-10, INDIVIDUALLY AND IN THEIR
OFFICIAL CAPACITY AS AGENTS,
SERVANTS AND EMPLOYEES OF
DEFENDANT CITY OF PLEASANTVILLE
Docket No.;
Civil Action
01-C - 10
COMPLAINT
Defendants,
Plaintiff; Charles Oglesby, currently residing in the Township of Egg Harbor, County of
Atlantic by way of Complaint against the Defendants says as follows:
nal' COUNT
1.
In or around the year of 2006 plaintiff Charles Oglesby was No. 1 on the Certified
list to be promoted to the position of q Sergeant within the defendant Pleasantville Police
Department.
2,
At the time, plaintiff alleges that false disciplinary Charges were lodged against
1
him by the individual defendants, Chief Duane Com.eaux, Captain Jose Ruiz, Sgt, Danny
Adcock, Mayor Ralph Peterson and Jesse Tweedle,, Marvin Hopkins and John Doe Pleasantville
Employees 1-10.
3,
At all times mentioned herein, the actions of the individual defendants, Comeaux,
Ruiz, Adcock, Peterson, Tweedle, Hopkins and John lloe Pleasantville Employees 1-10 were
complained of herein taken under color of State Law and within the scope of employment with
defendant City of Pleasantville, and Pleasantville Police Department and individually.
4.
The false disciplinary charges concerning allegations of plaintiff stealing gas and
another incident which were eventually dismissed as unfounded.
5.
These allegations as to conduct attributed to the plaintiff, Charles Oglesby,
prevented his promotion to the position of Sergeant within the City of Pleasantville Police
Department at the time.
6.
Thereafter, on March 3, 2008, plaintiffwas again scheduled to be promoted on a
Monday night at the City Council meeting within the defendant City of Pleasntville.
7.
On March 3, 2008, while waiting to be prOmoted at the City Council meeting,
plaintiff was asked to go to an office within the defendant, City of Pleaeantville Police Station
where Atlantic County Prosecutor's investigators were present requesting he be interviewed. At
that time, plaintiff wa-9 informed that he was being suspended pending an investigation
gainst the plaintiff.
concerning allegations of criminal charges against'
8.
It is further alleged that at the time, no criminal charges were filed against the
plaintiff nor had any Internal Affairs administrative charges or investigations taken place to that
date, despite the fact that the alleged incident giving rise to the alleged criminal charges took
place well before 45 days of the date of plaintiff's suspension on March 3, 2008.
9.
Previous to plaintiffs suspension on March 3, 2008, plaintiff was called to
defendant, Captain Ruiz's
O5e0
and was requested 'by defendant Captain Ruiz to obtain support
of the Masons and the PHA of which plaintiff Charles Oglesby was member and shop steward
for the Mayorial candidate, Len Green. Plaintiff Charles Oglesby informed the defendant. Ruiz
that the'Meiloos and the ETA were not political entities and that he would not solicit such
political support.
10.
It is further alleged that defendant Captain Ruiz attempted to solicit plaintiff to
slander City Administrator defendant Marvin Hopkins which plaintiff also refUsed to do as he
reasonably believed that it wms unethical and unconstitutional.
1U.
Defendant Ruiz,responded to Sergeant Oglesby's refusals
o him that
"this
ow you career gets hurt, ROW get the fuck out of here",
12.
Plaintiff Oglesby had a vested property in his position as a Police QI lker with the
•defendant City of Pleasantville and inhis right to a promotion under both the United States
Constitution Due Process clause of the 5 th and 14 th Amendments and the New Jersey State
Constitution, Article 1, Section 1,as well as through the Civil Service rules and regulations
within the State of New Jersey as codified through the New Jersey Constitution, Article 1,
• Section 19.
13.
It is further alleged that the defendants, and each of them, conspired to violate
plaintiff Oglesby's Federal and State CORstitutiorwil Rights to Freedom of Speech, Association,
Political Association and further retaliated against the plaintiff kir his union activity as a Union
representative and union based activity.
14.
It is further alleged, that the defendants, and each of them, violated plaintiffs
Union's Collective Bargaining Agreement with the defendant City of Atlantic City, Artigld 7
concerning Discipline and DisCharge and Aitide 9 concerning Policeman's Rights in suspending
plaintiff and denying plaintiffs promotion as a result of plaintiff's lawful exercise with
Constitutional Rights including his rights under the United States Coristitutiou, First Amendment
ov.-17 740
.
,•
and New Jersey Constitution relating to Article I, paragraph 5 and 6 relating to Political speech
and Political : Association and Freedom of Speech, as well as Article 1, paragraph 19 concernin g
plaintiff's rights to participate in union activity and to file and maintain grievances.
15,
The defendants, and each of them; further violated plaintiffs State and Federal
Procedural due process rights protected by the 5 th and 14'' Amendments, in failing to be provided
notice of the charges against him and for failure to provide him an opportunity to be heard with
respect to any such charges prior to suspending the plaintiff.
16.
It is further alleged that the defendants, and each of them, violated plaintiff's
substantive due process rights under both Federal and State Constinition in depriving plaintiff of .
his liberty interests in his good name and reputation within the community as a result of the
filing, prosecution and publication of the false allegations including criminal conduct to the
plaintiff
17.
It is alleged that the defendants, and each of them, greed and conspired to violate
plaintiff's rights under both Unites States and New Jersey Constitutions all in violation of 42
USC 1983 and the New Jersey Civil Rights NJSA 10:64 et. seq. by instituting a false
investigation and prosecution against the plaintiff, including the filing of false statements in
support of plaintiff's criminal prOsecution
18.
Defendant, City of Pleasantville is responsible and vicariously liable for the
actions of the individual defendants as set forth above on the principles of respondeat superior.
19.
It is further alleged, that defendant City of Pleasantville is responsible for the
conduct of the individual defendants as these defendants were acting pursuant to a custom policy
and/or long standing practice of political retaliation and anti union activity which had the force
of law.
OU7
20.
740
74(U
r.ub
It is further alleged that the individual defendants were all del egated . policy
making positions within the defendant Pleasantville City Police Department and were solely
responsible for the decisions to bring both inter departmental and criminal charges against the
plaintiff,
21.
As a direct and proximate result of the actions of the defendants, and each of them
as aforementioned, plaintiff was wrongttilly suspended and/or terminated from his position as a
•
Police Officer within the City of Pleasantville, denied a promotion -, Tattered other economic
damages, suffered dannageslo his reputation and standing in the community,. was embarrassed,
shocked and humiliated, all to his detriment.
WHEREFORE, plaintiff demands judgment against these defendants, jointly and/or
severally for damages, punitive damages, attorney's fees, costs Of suit and such other relief as the
Court deems just and proper.
SECON,p COUNT
•
1.
Plaintiff repeats the allegations set forth in Count One of this Complaint as if
set forth at length herein
2.
'
The actions of the defendants and each of them in violating the terms of the
Collective Bargaining Agreement in place between the plaintiff's, local 'BA Union and the.
defendant City of Pleasantville constitute a breach of contract in violation of the New Jersey
i'nployer Employees Relation Act
3.
34:13A-1-21 et. seq.
It is further.alleged the defendants violated the SERA in suspending and
discharging and failing to promote plaintiff because of his union activity.
4.
As a direct and proximate result of the defendants violation of terms of the
Collective Bargaining Agreement as atbrementioned, plaintiff -was suspended. and denied
ou7
7G0
7G(U
r.u.J ;
promotion as well as his rights under the Collective Bargaining Agreement between the PBA and
the defendant, City of Pleasantville of whiCh he was a benefiCiary,
WHEREFORE, plaintiffs demands judgment against the defendants and each of them,
jointly, severally and in the alternative for damages, interest, costs of suit, attorney's fees and
such other relief as the Court deems just and proper.
THIRD COuNx
1.
Plaintiff repeats the allegations set forth in Count one and Two of this Complaint
as if fully set forth herein at length.
2.
Tie -actions of the defendants in suspending, failing to promote and/or terminating
plaintiff from his employment with defendant City of Pleasantville were in violation of the
public policy of the State of New Jersey relating to New.Jersey Constitutions Protection of
political affiliation, political speech, right to Elie grievances and participate in union activity, and
the protections of a Merit System under the Civil Service as well as other ourries of public
policy including the Employer.mployees Relations Act,
3.*
As a direct and proximate result of the actions of the defendants, and each of
them, in violation of public policy, plaintiff was suspended ancVor temiinated from his position
as a City of Pleasantville Police Officer, was caused to suffer economic loss, embarrassment,
shock, humiliation and other ClatnageS7all to his detriment.
WHEREFORE, plaintiff demands judgment against the defendants and each of them
jointly, severally and in the alternative fur damages, punitive damages, interest, costs of suit and
such other relief as the Court deems just and proper.
I
LLLEESOTT
1,
Plaintiff repeats the allegations set forth in Counts One through Three of thi s
Complaint as if fully set forth herein at length.
2.
It is alleged that the individual defendants including John Doe City of
Pleasantville Employees 1-10 both individually and as part of their conspiracy agreed to provide
false testimony and statements concerning allegations that the plaintiff participated in criminal
conduct, all for purposes of obtaining prosecution of the plaintiff without probable cause
eventually resulting in the indictment of the plaintiff on. criminal charges.
3.
The defendants' actions as set forth above constitute the tort of malicious
prosecution and malicious abuse of process as well as false light invasion of privacy, intrusion
into seclusion of the private affairs of the plaintiff all for the purpose of damaging his reputation,
both personal and business and good standing in the community.
4.
As a direct and proximate result of the actions of the defendants, and each of
them, as set forth above, plaintiff was caused to suffer severe emotional distress, mental anguish,
shock and embarrassment, humiliation and caused severe and permanent damages to his
reputation both personal and business within the surrounding community all to his detriment.
WHEREFORE, plaintiff demands judgment agairtSt the defendants and each of theta
jointly, severally and in the alternative for damages, punitive damages, interest, costs of suit and
such other relief as the Court deems just and proper,
FIVIlicousrr
1.
Plaintiff repeats the allegations set forth in Counts One through Four of this
Complaint as if fully set forth herein at length.
2
The defendants' conduct as set forth in the previous Counts of this Complaint and
spact.ackilly in violation of the terms of the Collective Bargaining Agreement and•the rights of
Police Officers such as the plaintiff contained therein, was done intentionally and in bad faith
and the constituted breach of the implied covenant of good faith and fair dealing inherent in all
employment contracts in the State of New Jersey,
S.
As a direct and proximate result.of the defendants, and cachof them, im pli
covenant and for good faith in fair dealing, the plaintiff was caused to suspended in eventually
termina ted from his employment witb..the defendant Pleasantville Police Depaitrnent, caused
economic damage, damage to his reputation, emotional distress, mental anguish and such other
damages all to his detriment.
WHEREFORE, plaintiff demands judgment against the defendants on this Count,
jointly, severally and in the alternative for damages, punitive damages, interest, costs of suit and
such other relief as•the Court deems just and proper.
.
1.
Kral COUNT
Plaintiff repeats the allegations set fOrth in Counts One through Five of this
Complaint as if fully set forth herein at length.
2.
• The individual defendants with a malicious intent took the actions set forth in the
prevlons Counts of this Complaint all for the purposes of interfering with plaintiffs contract and
prospective economic advantage with the defendant City of fileasantville,.in his right to be •
promoted, to continue and maintain public employment
3.
As a direct and proximate result of the defendants' actions and tortiously
faring with the prospective economic advantage and contract between the defendant City of
Pleasantville and the plaintiff, plaintiff was caused to be suspended; and eventually terminated
from his position, caused economic damages, suffer emotional distress, mental an guish,
detriment.
4.
It is further alleged the defendants conduct constituted intentional infliction, of
emotional distress against the plaintiff.
WHEREFORE, plaintiff demands judgment against the defendants jointly severally and
hi the alternative for damages, punitive damages, ; iterest, costs of suit and such other relief as
the Court deems just and proper
By:
Dated: March
2010
JURY DEMAND
Plaintiffs hereby demand trial by jury on all issues herein:
CERTIFICATION
I, DAVID R. CASTELLANI, ESQUIRE, hereby certify, pursuant to New Jersey Court Rule
4;5-1, that to the best of my knoWledge, the claims raised herein are not the subject of any other
action pending in any Court or. the subject of any arbitration proceeding, and no such other action
or arbitration is contemplated.
I certify that the foregoing statements made by me are true to my personal knowledge. I am
aware that if any of the foregoing statements made by me are willfully false, I am subject to
punishment for perjury.
Dated:
OR I TERR I
0 I( ANS WFA
Iii
Plaintiffs hereby demand that defendants answer form c uniform interrogatories as
contained in Appendix U of the New Jersey Rules of • Court in lieu of services of the
Interrogatories themselves pursugut to. k4: 7-10)04
C 0 jtaL.SQUAnb
PLEASE TAKE NOTICE that David R, Castellani, Esquire, is hereby designated as
trial counsel in the above captioned litigation for
Rule 4:25-4.
Dated:
Castellani Law Firm, LLC, pursuant to
A. Michael Barker, Esquire
Barker, Scott 8s Gelfand
A PROFESSIONAL CORPORATION
Linwood Greene - Suite 12
210 New Road
Linwood, New Jersey 08221
(609) 601-8677
[email protected]
Our File Number: 47733-183
Attorney for Defendants, City of Pleasantville, City of Pleasantville
Police Department, Chief of Police Duane Comeaux, Captain of
Police Jose Ruiz, Mayor Ralph Peterson, City Council President
Jesse Tweedle - Jointly, Severally, or in the Alternative
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY - CAMDEN VICINAGE
CHARLES OGLESBY
Plaintiff,
Civil Action Number
10-cv 3271 (NLH/ AMD)
VS.
CITY OF PLEASANTVILLE;
CITY OF PLEASANTVILLE POLICE
DEPARTMENT;
CHIEF OF POLICE DUANE COMEAUX
CAPTAIN JOSE RUIZ;
SERGEANT DANNY ADCOCK;
MAYOR RALPH PETERSON;
CITY COUNCIL PRESIDENT JESS
TWEEDLE;
CITY ADMINISTRATOR MARVIN
HOPKINS;
JOHN DOE
PLEASANTVILLE EMPLOYEES (1-10),
Individually and in their Offici
Capacity as Agents, Servants, and
Employees of the City of
Pleasantville
Defendants
Civil Action
NEGOTIATED SETTLEMENT AGREEMENT
and GENERAL RELEASE
1.
Parties. The parties to this Negotiated Settlement
Agreement and General Release (hereinafter sometimes referred to
as the "Agreement") arc Charles Oglesby, his heirs, executors,
administrators, assigns, and representatives (hereinafter sometimes
collectively referred to as "Relcasor"); arid, the City of Pleasantville,
City of Pleasantville Police Department; Chief of Police Duane
Comeaux; Captain Jose Ruiz; Sergeant Danny Adcock; Mayor Ralph
Peterson; City Council President Jesse Tweedle; and, City
Administrator Marvin Hopkins, and any officers, directors,
employees, attorneys, agents, servants, representatives, assigns,
successors, and insurance carriers of the City of Pleasantville, City
of Pleasantville Police Department; Chief of Police Duane Comeaux;
Captain Jose Ruiz; Sergeant Danny Adcock; Mayor Ralph Peterson;
City Council President Jesse Tweedle; and, City Administrator
Marvin Hopkins (hereinafter sometimes referred to as "Releasee").
This Agreement is the product of negotiation and compromise
August 20, 2012 11:10 A.M.
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BARKER, SCOTT, GELFAND & JAMES . .A-PROVESSIONAI, CORPORATION ' LINWOOD, --NEW JERSEY
08221
between Releasor and Releasee.
2. Background. Releasor and Releasee have chosen to enter
into this Agreement in order to avoid further proceedings with
respect to any claims of Releasor against Releasee, for anything
which has happened up until the time of the execution of this
Release, including but not limited to any claims brought in the
United States District Court in the matter of
Charles Oglesby v. the City of Pleasantville, City of Pleasantville
Police Department; Chief of Police Duane Comeaux; Captain Jose
Ruiz; Sergeant Danny Adcock; Mayor Ralph Peterson; City Council
President Jesse 'rweedle; and, City Administrator Marvin Hopkins:
John Doe Pleasantville Employees (1-10), individually and in their
official capacity as agents, servants, and employees of the City of
Pleasantville, Civil Action Number 10-cv-3271.
Releasor and the Releasee wish to resolve, finally and
completely, all actual or potential disputes, differences,
controversies, or claims (collectively hereafter sometimes referred to
as "claims"), which arise out of, refer to, or relate to the service or
employment of Releasor with Releasee, or otherwise, which claims
August 20, 2012 11:10 A.M.
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BARKER, BCOTT,_GELFAND.86.JAMES-A-PROFESSIONAL-CORPORATION • LINWOOD -,- NEW JERSEY
08221
Releasor has, or may have had, concerning or arising out of the
service or employment of Releasor with Releasee, or otherwise, the
termination of the service or employment of Releasor with Releasee,
including but not limited to any and all claims of Releasor pursuant
to New Jersey common law under any theory of tort or contract, the
Ncw Jersey Law Against Discrimination (11.J.S.A. 10:5-1, et seq.],
the New Jersey Conscientious Protection Act [N.J.S.A. 34:19-1, et
seq.], the Federal Age Discrimination in Employment Act 129 U.S.C.
§621, et seq.], the Older Workers' Benefit Protection Act 129 U.S.C.
§626], the New Jersey Workers' Compensation Act and any and all
other claims under ERISA or for any benefits or under any health
plan provided by Releasee to Releasor, and any and all claimed
rights for the continuation of health insurance coverage from, by, or
through Releasee, and any and all claims pursuant to the New
Jersey Law Against Discrimination, Title VII of the Civil Rights Act
of 1964, the Rehabilitation Act of 1973, or the Americans with
Disabilities Act of 1990, 104 Stat. 327, 42 USC §12101, et seq.
(2000 Ed. and Supp. IV).
3.
No
Admission
and No Admissibility. Releasor does
August 20, 2012 11:10 A.M.
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BARKER, SCOW, C1ELFAND & JAMES • A PROFESSIONAL CORPORATION LINWOOD, NEW JERSEY
08221
understand and agree that Releasee denies each and every
allegation of wrongdoing made by Releasor in any and all matters,
or proceedings, including but not limited to those currently pending
in the United States District Court, entitled Charles Oglesby v. the
City of Pleasantville, City of Pleasantville Police Department. Chief
of Police Duane Comeaux; Captain Jose Ruiz; Sergeant Danny
Adcock; Mayor Ralph Peterson; City Council President Jesse
Tweedle; and, City Administrator Marvin Hopkins; John Doe
Pleasantville Employees (1-10), individually and in their official
capacity as agents, servants, and employees of the City of
Pleasantville, Civil Action Number 10-cv-3271.
Releasor does understand and agree that the making of this
Agreement shall not, in any way, be construed or considered to be
an admission by Releasee of any guilt, wrongdoing, or noncompliance with any Federal, State, or local law, or any collective
bargaining agreement, or rule or regulation or of any other
wrongdoing whatsoever; and, Releasor does understand and agree
that the making of this Agreement shall not, in any way, be
admissible in evidence in any subsequent proceeding, except for the
August 20, 2012 11:10 A.M.
Page 5
__ BARKER, SCOTT, GELFAND & JAMES -A PROFESSIONAL CORPORATION • LINWOOD, NEW JERSEY
08221
enforcement of this Agreement. This Agreement is entered into
solely to avoid the continuing expense and distraction of litigation,
and disputes involving personnel issues.
4. Releasor's Representations and Warranties. Releasor
hereby represents and warrants to Releasee that:
a.
Read Agreement. Releasor has read this Agreement
in its entirety;
b.
Discussions with Counsel. Releasor has hereby
been advised, in writing, by Releasee, pursuant to
the Older Workers' Benefit Protection Act, to
discuss, and has had the opportunity to discuss, all
aspects of this Agreement with an attorney, and
Releasor has, in fact, discussed all aspects of this
Agreement with legal counsel of his own choosing,
and Releasor fully understands all provisions and
the legal and practical effect of all provisions of this
Agreement and Releasor has had sufficient time to
consider this Agreement and agrees with everything
in the agreement;
c.
Voluntary Acts. Releasor is signing this Agreement
freely and voluntarily, without coercion of any kind,
and with full knowledge and understanding of its
contents, and Releasor is aware that, under the
Older Worker& Benefit Protection Act, Releasor has
seven (7) days from the execution of this Agreement
to revoke it; after the expiration of such seven (7)
day period, the Agreement is binding;
d.
No Assignment of Transfer. Releasor has not
assigned or transferred, or purported to assign or
transfer, any claim covered by this Agreement, or
August 20, 2012 11:10 A.M.
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BARKF,R o .Scurr, GELFAND & JAMES--A PROFESSIONAL CORPORATION • LINWOOD, NEW JERSEY
08221
any portion thereof, or any interest therein, to any
person or entity;
5.
e.
Binding Effect. This Agreement, and each and every
provision thereof, is valid and binding upon
Releasor, and enforceable against Releasor, in
accord with the terms of this Agreement;
f.
No Claims Filed. Except for the matter of Charles
Oglesby v. the City of Pleasantville, City of
Pleasantville Police Department; Chief of Police
Duane Comeaux; Captain Jose Ruiz; Sergeant
Danny Adcock; Mayor Ralph Peterson; City Council
President Jesse Tweedle; and, City Administrator
Marvin Ho kins• John Doe Pleasantville Em lo ees
(1-10), individually and in their official capacity as
agents, servants, and employees of the City of
Pleasantville, Civil Action Number 10-cv -3271 .
Releasor has not filed, and will not file, any charges,
complaints or other claims against Releasce, not in
any other federal, state, or local court, or agency;
g.
Taxes. In the event taxes or penalties are assessed
upon any portion of the payment transferred to
Releasor pursuant to this Agreement, then Releasor
agrees that Release& will pay when due the
appropriate taxing authority any and all taxes and
penalties which Releasor may owe as the recipient
of any sums paid to Releasor under this Agreement.
Release of Specific Claims, In exchange for the promises
made by and between Releasor and Releases herein, Releasor:
a. agrees to the dismissal with prejudice, and without
any award of costs or attorneys' fees, of the
Complaint filed in the matter of Charles Oglesby v.
the City of Pleasantville, City of Pleasantville Police
August 20, 2012 11:10 A.M.
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BARKER, SCOTT,-GELFAND & .JAMES.• -A-PROFESSIONAL CORPORATION • I.INWO011, NEW JERSEY
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Department; Chief of Police Duane Comeaux;
Captain Jose Ruiz; Sergeant Danny_ Adcock; Mayor
Ralph Peterson; City Council President Jesse
Tweedle; and, City Administrator Marvin Hopkins;
John Doe . Pleasantville Employees (1-10),
individually and in their official capacity as agents,
servants, and employees of the City of Pleasantville,
Civil Action Number 10-cv-3271;
b. agrees to unconditionally and irrevocably discharge
and release Releasec of and from any and all claims,
known or unknown, that Releasor has, or may have
had, against Releasee, as of the date of execution of
this Agreement, including but not limited to any
and all claims set forth in Charles Oglesby v. the
City of Pleasantville, City of Pleasantville Police
Department; Chief of Police Duane Comeaux;
Captain Jose Ruiz; Sergeant Danny Adcock; Mayor
Ralph Peterson; City Council President Jesse
Tweedle; and, City Administrator Marvin Hopkins .
JohnDePlastviEmpoy(1-0),
individually and in their official capacity as agents,
servants, and employees of the City of Pleasantville,
Civil Action Number 10-cv-3271, or otherwise
arising out of the employment of Releasor with
Releasee, including but not limited to any alleged
violation of:
•
•
•
•
•
•
•
•
•
The National Labor Relations Act;
Title VII of the Civil Rights Act;
The Civil Rights Act of 1991;
§§1981 through 1988 of Title 42 of the United
States Code;
The Retirement Income Security Act;
The Fair Credit Reporting Act;
The Americans with Disabilities Act;
The Rehabilitation Act;
The Age Discrimination in Employment Act;
August 20, 2012 11:10 A.M.
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BARKER, SCOTT, GELFAND & JAMES • A PROFESSIONAL CORPORATION 7-1,11‘1W000, Nt,:w JERSEY
08221
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
c.
Executive Order 11246;
The Fair Labor Standards Act;
The Occupational Safety and Health Act;
The Family and Medical Leave Act;
The Equal Pay Act;
Worker Adjustment and Retraining Notification
Act;
The New Jersey Workers' Compensation Act;
The New Jersey Law Against Discrimination;
The New Jersey Family Leave Act;
The New Jersey State Wage and Hour Law;
The New Jersey Conscientious Relcasor
Protection Act;
The New Jersey Equal Pay Law;
The New Jersey Occupational Safety and Health
Laws;
The New Jersey Smokers' Rights Law;
The New Jersey Genetic Privacy Act;
New Jersey Laws regarding Political Activities,
Lie Detector Tests, Jury Duty, Employment
Protection, Consumer Reports, Discrimination;
and, any other federal, state, or local civil rights
law or any other local, state, or federal law,
regulation or ordinance;
Any public policy, contract (express, written or
implied), tort, or common law claim;
Any agreement for vacation, sick or personal
leave pay or payment pursuant to any practice,
policy, handbook, manual, Collective Bargaining
Agreement, or contract of the Townsend;
Any grievance under any Collective Bargaining
Agreement; or,
Any allegation for entitlement to fees, costs, or
other expenses, including penalties.
Releasor agrees he is not entitled to any further
remuneration or compensation of any type from
August 20, 2012 11:10 A.M.
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BARKER, SCOTT, GELPAND & JAMES••-A-PROFESSIONAL CORPORATION • LINWOOD, NEW JERSEY
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Releasee relating to any claim for any wages or for
any other employment-related benefit.
6. General Release of Claims. In consideration of the
promises and actions by Releasee described herein, Releasor has,
by executing this Agreement, remised, released, and forever
discharged Rclasee of and from all and every manner of judgment,
action, cause, suit, debt, grievance, sum of money, account,
reckoning, bond, bill, collective bargaining claim, covenant,
contract, controversy, agreement, damage, claim, execution and
demand of every type whatsoever, in law or in equity, which
Releasor ever had, or now has, against Relesee, for anything that
has happened up until now, including but not limited to any claims
arising out of the service or employment of Relesor with Releasee;
and, including but not limited to any claim for severance pay, back
pay, grievance of any type, compensatory damages, punitive
damages, or other compensation arising out of the employment or
volunteer relationship between Releasor and Releasee;; and,
including but not limited to any claims arising out of the New
Jersey Workers' Compensation Act, the Age Discrimination in
Employment Act, the Older Workers' Benefit Protection Act, Title V11
August 20, 2012 11:10 A.M.
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13ARKER, SCOTT, GLLFANI) & JAMES-A PROFESSIONAL CORPORATION • LINWOOD, NEW JERSEY
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of the Civil Rights Act of 1964, the Rehabilitation Act, ERISA, the
Americans with Disabilities Act, New Jersey statutory or common
law, including but not limited to the Conscientious Employee
Protection Act [N.J.S.A. 34:19-1, et seq.), and the New Jersey Law
Against Discrimination [N.J.S.A. 10:5-1, et seq.].
7.
Releasor Consideration. Releasor specifically agrees:
a.
to not return to the property or the building of the
Pleasantville Police Department for any purpose,
directly or indirectly, without prior notice to and
agreement of legal counsel for both Releasor and
Releasee, unless it is necessary for Releasor to
appear in a public area of the Pleasantville Police
Department in order to conduct some official
business or to carry out some official purpose in a
public area of the Pleasantville Police Department;
b.
to satisfy any and all lien(s) related to or arising
from any clairn(s) made by Releasor against
Releasee;
c.
not to file any claim(s) or lawsuit(s) or action(s) of
any kind or type for any benefits or damages
against Releasee for anything which may have
occurred up to the time of execution of this
Agreement;
d.
not to apply for employment, or for re-employment
with any Releasee;
8.
Releasee Consideration. In exchange for the promise
made by Releasor, and the execution by Releasor of this Agreement,
August 20, 2012 11:10 A.M.
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BARKER, SCOTT,-GELFAND 86-JAMES • A -PROFESSIONAL CORPORATION • LINWOOD, NEW JERSEY
08221
and the execution by Rcleasor of any document, record, order,
affidavit, or other writing necessary to effectuate dismissal of any
claim(s) made by Releasor against Releasee in any court
whatsoever, or before any administrative or regulatory body,
Releasee agrees not to object to payment by insurers of Relcasee to
Releasor and his attorneys in accord with the terms of this
agreement, within forty (40) days following the full and proper
execution of this Agreement by Releasor. The consideration of or
on behalf of Releasee shall be the following.
• Twelve Thousand Dollars, by check payable to Castellani
Law Firm, LLC, as Trustee for Charles Oglesby, which
check shall be issued by and on behalf of the insurer for
Releasee; and, IRS forms 1099 in the amount of Twelve
Thousand Dollars will be issued to Castellani Law Firm,
LLC, 450 Tilton Road, Suite 245, Northfield, New Jersey
08225.
• Additional consideration of Eight Thousand One Hundred
Forty Six Dollars and Seventy-Seven Cents, less
appropriate payroll deductions, will be paid by the City of
Pleasantville to Charles Oglesby.
9. Releasor represents and warrants that he is unaware of
and has not received notice
or any liens, (including but not limited
to, Medicare, Medicaid or Social Security), assignments,
subrogations, encumbrances, garnishments, security interests,
13ARKER,
scorr,
GELVAN I)
tit.
August 20, 2012 11:10 A.M.
Page 12
JAMES • A PROFESSK INAL CORPORAT1614M1NWOOD, NEW JERSEY
08221
claims, suits, causes of action, judgments, fees, costs, attorneys
fees or any other right of any person or entity to all or any part of
the monetary payment made to him pursuant to this Agreement
including, but not limited to, any such claims by any health care
provider (including but not limited to Medicare, Medicaid or Social
Security), and any state or other governmental body, any employer,
worker's compensation carrier, or any attorney (other than the
attorney fee to which David Castellani, Esquire is entitled) that
would give such a person or entity a claim to recover all or a portion
of the payments made pursuant to this Agreement. Nonetheless,
Relcasor agrees to indemnify and hold harmless Releasees from any
past, present or future lien, assignment, subrogation,
encumbrance, garnishment, security interest, claim, suit, cause of
action, judgment, fees, attorneys fees, costs, or any other right of
any person or entity to all or any part of the monetary payment;
and,
(b) Except as necessary to enforce the provisions of this
Agreement, Releasor for himself and on behalf of all
Releasors referred to in this Agreement,
understands and agrees to indemnify and hold
Releasces harmless with respect to all past, present
and future demands, claims, suits, causes of action,
August 20, 2012 11:10 A.M.
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BARKER, SCO'll. ,-GELPAND &JAMES • A -PROFESSIONAL CORPORATION *- LINI,V001), NEW JERSEY
08221
liabilities, liens or judgments of any kind
whatsoever by Releasor and or his successors or
assigns arising out of or in any way related to
released claims which are the subject matter of this
Agreement; and,
(c)
Pursuant to Section 111 of the Medicare, Medicaid
and SCHIP Extension Act of 2007, The Center for
Medicare and Medicaid Services must be provided
Releasors full address, Social Security Number, date
of birth, gender, and, if available, his Medicare
Health Insurance Claim Number (HICN). Provision
of this information by Releasor to The Center for
Medicare and Medicaid Services is a material
condition of this settlement. Spaces are provided in
Exhibit A at the end of this Release for compliance;
and,
(d)
Specifically, Releasor for himself and on behalf of all
Releasors named in this Agreement further
understands and agrees that any and all Medicare,
Medicaid or Social Security, hospital, medical
insurance coverage subrogation claims and/or any
and all other types of liens or interest that is and/or
could be claimed by any person and/or entity, will
be fully paid, satisfied and released from the
settlement proceeds paid herein, in trust, unless
and until such time as said liens and/or claims
have been fully paid, satisfied or released; and,
(e)
Releasor for himself and on behalf of all Releasors
named in this Agreement agrees to indemnify and
hold harmless the Releasees from any claim by,
through and/or under Rleeasor including, but not
limited to, any direct claim by Medicare, Medicaid
and/or social Security for reimbursement of any
funds paid by them relating to and/or arising out of
August 20, 2012 11:10 A.M.
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BARKER, SCOW, GELFAND & JAMES • A PROFESSIONAL- CORPORATIOW-LINWOOD, NEW JERSEY
08221
the lawsuit of Releasor referred to in this
Agreement.
10.
Seeking Reference
Releasor Shall direct prospective future employers of
Releasor, with inquiries about the dates of employment of
Releasor with Releasee to:
Alfred R. Scerni, Jr., Esquire
City of Pleasantville Solicitor
c/o Parker McCay P.A.
1809 Pacific Avenue
Atlantic City, New Jersey 08401
11.
Confidentiality.
• Relcasor agrees to keep the terms, amounts,
and fact of this Agreement completely
confidential, other than to say, if asked, that
all matters relating to the service or
employment of Releasor with Releasee have
been resolved and Releasor further agrees that
he will not hereafter state the fact and terms of
this Agreement to anyone including, but not
limited to, any past, present or prospective
applicant for employment with Releasee. This
provision shall not prohibit Relcasor from
disclosing the terms, amounts and fact of this
Agreement to his attorneys and accountants,
provided said attorneys and accountants are
made aware of this confidentiality provision
and agree to abide by its terms.
12.
Breach of Agreement
August 20, 2012 11:10 A.M.
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BARKER, SCOTT, GELFAND & JAMES-, A PROFESSIONAL CORPORATION 'LINWooD;-NEW ,ItitsEY
08221
Upon any breach of this Agreement by Releasor,
Releasec may institute an action to specifically enforce the
terms of this Agreement and seek damages resulting from
such breach including return of the consideration paid
hereunder. Should Releasee prevail in such action, Releasee
will be entitled to an award of attorneys' fees and costs in
addition to any other legal equitable relief.
13. Entire Agreement. This Agreement sets forth the entire
agreement between Rcleasor and Releasee„ and fully supersedes
any prior agreement(s) or understanding(s) between Rcleasor and
Releasee. Releasor acknowledges that he has not relied on any
representations, promises, or agreements of any kind in connection
with the decision to sign this Agreement, except for those set forth
in this Agreement.
14. Modification. This Agreement may not be modified,
except upon express written consent of both Releasor and Releasee,
wherein specific reference is made to this Agreement.
15. Joint Negotiation. This Agreement is a product of joint
negotiation of Releasor and Releasee, and their respective counsel,
August 20, 2012 11:10 A.M.
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BARKER, SCOW, GELFAND JAMES-*-A-PROFESSIONAL CORPORATION"'LINWOOIVNEW-JERSEY
08221
and is not to be construed for or against either Releasor or Relesee
by virtue of the fact that Releasor or Releasee, or their respective
counsel, prepared this Agreement.
16.
Enforceability and Severability. In the event that any
provision(s) contained in this Agreement is declared invalid, illegal,
or unenforceable by any court of competent jurisdiction, and cannot
be modified to be enforceable, excluding the general release
language, such provision(s) shall immediately become null and void,
leaving the remainder of this Agreement in full force and effect..
Moreover, if any such provision(s) determined to be invalid, illegal,
or unenforceable can be made valid, legal, or enforceable by
modification thereof, then the party for whose benefit the
provision(s) exists may make such modification(s) as necessary to
make the provision(s) valid, legal, and enforceable.
17.
New Jersey Law. This Agreement shall be governed and
conformed in accordance with the laws of the State of New Jersey
and any subsequent litigation to enforce all or any part of this
agreement shall take place in the United States District Court.
18.
Satisfaction with Counsel. Releasor acknowledges that he
August 20, 2012 11:10 A.M.
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BARKER, SCOTT, GEMINI) 86•JAMES- A-PROFESSIONAL:CORPORATION • LI ► WOOD, NEW JERSEY
08221
is satisfied with the services of his attorney with respect to all
advice and counsel which he has received from his attorney with
respect to all aspects of his employment or service with Releasee,
including but not limited to all aspects, terms, and conditions of
this Agreement and the decision to execute and be bound by the
terms and conditions of this Agreement.
19.
Evidence. This Agreement shall not be used as evidence
in any other action or proceeding other than as evidence in a
proceeding by, or between, Releasor and Releasee to enforce the
terms of this Agreement.
20.
the
p
This Agreement has been executed by Charles Oglesby on
e/ii.
day of
, 2012.
Sworn to and Subscribed
before Ile this Pt. 91' day
of _
2012.
,
-Notaly'Public
My Commission Expires: g/z3/2.00- --
August 20, 2012 11:10 A.M.
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BARRER, SCOTT, GELFAND 85 JAMES•A- PROFESSIONAL CORPORATION'iLINWOODTNEW JERSEY
08221
21. This Agreement has been executed by /1/4 ./ Of< -.24-4
on the
_pi-- day of
(? )c 416K
"-
4"
, 2012.
City of Pleasantville
Sworn to and Subscribed
before me this / sr- day
nc.7-2166,- __, 2012.
of
Notary blic
My Commission Expires:
GLORIA V. GRIFFIN
NOTARY PUBLIC OF NEW JERSEY
My Commission Expires December 13, 2014
August 20, 2012 11:10 A.M.
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BARKER,_SCOIT, GELEAND & JAMES • A PROFESSIONAL CORPORATION • LINWOOD, NEW JERSEY
08221.
7 1' 4? °LC