Township Employee Files Suit Against Galloway for Eliminating Her Position
Jody Smith was the land use administrator/zoning officer until the positions were eliminated last year. She currently works in the Tax Assessor's Office.
A Galloway Township employee whose previous position was eliminated has filed a lawsuit against individuals who were representing the township at the time of her termination, with the intent to get her job back and recover lost wages over the past year.
Jody Smith, the township's former land use administrator/zoning officer earlier this year filed a civil lawsuit in state Superior Court against current Mayor Don Purdy, former Mayor Keith Hartman, Township Planner Tiffany Cuviello, former Township Manager Steve Bonanni and multiple other unnamed defendants on Feb. 3.
Smith’s attorney, Clifford L. Van Syoc, said that because of the complexities of the case, it would likely be between two and three years before the case went to court.
Smith’s position was eliminated at the council meeting on Feb. 22, 2011. This resulted in Smith being laid off, but through what is known as the “bumping process,” she retained her employment status with the township, and is currently employed in the Tax Assessor’s Office, where she has taken a pay cut.
In eliminating her previous position, she alleges that all defendants acted as agents of Galloway Township to participate in, aid or abet. She alleges they conspired and engaged in acts furthering the conspiracy.
In her lawsuit, Smith seeks compensatory and punitive damages, as well as a return to her previous position.
Smith further claims she has been deprived of due process right and continued interest in her position of public rights as a result of the defendants’ violation of the 2004 Civil Rights Act, and her rights under the state constitution.
Bonanni was not available for comment. Hartman and Cuviello did not return phone messages seeking comment late Thursday afternoon. Township Solicitor Michael Blee, who is currently on vacation, didn’t respond to an email seeking comment.
Purdy and Kleiner did not comment.
In the lawsuit, Smith states those who worked to have her position eliminated not only did so illegally, but that it is illegal for the township to not have a Zoning Officer, a point Smith made in public during the Feb. 22 meeting. At the time, Bonanni indicated her position would be split between three people, but Smith responded that only Cuviello, a part-time employee, was qualified to do that job.
The lawsuit contains an email shared between Councilman Dennis Kleiner and former Township Manager Roger Tees, in which Tees informs Kleiner that Smith’s position will be eliminated and no other layoffs were being considered at that time. The reasons given in both the email and in public referenced Smith’s department’s inability to sustain itself through inspection- and permit fees, and that it worked in a budget deficit that was supplemented by the general fund. During the meeting, Hartman estimated the township would save between $60,000 and $70,000, and Councilman Tony Coppola is quoted in the lawsuit as stating residential permits dropped from 372 to 28, a statement Smith disputes as false.
The lawsuit references a phone call from Kleiner to Smith informing her he was faxing her an email that showed her position was being eliminated, and that he believed Hartman and Purdy were acting illegally. However, Smith later references that same email as having been provided to her by Tees.
In the lawsuit, Smith claims Kleiner said he felt Purdy, who was Deputy Mayor at the time, had a vendetta against Smith.
The vendetta was an apparent reference to Smith’s actions in opposing what she believed to be unlawful conduct before both the council and the zoning board.
According to Smith, an applicant who was seeking a zoning variance and to have a street vacated was represented by an unnamed “head of the local Republican Party,” who was closely affiliated with many members of the council and zoning board.
In the lawsuit, Smith claims Purdy appeared on behalf of the applicant, and was heard to scream across the room that “neighbors should all get along,” allegedly being motivated by his close relationship with the applicant and those who supported them. This incident took place prior to Purdy's election to council in 2009.
In the lawsuit, Smith further claims that Tees told Smith during an encounter on July 18 that he would swear under oath that Purdy lied during the Feb. 22 meeting when he stated it was Tees who wanted to eliminate Smith’s position. She also alleged that Purdy and Hartman “secretly and illegally” met with Cuviello about transferring Smith’s duties to Cuviello.
In her lawsuit, Smith alleges that Bonanni’s salary was increased by $18,000 following Smith’s termination, which Smith says shows her termination was not related to financial matters. Smith also alleges several other township employees have received salary increases, at least two of which she believed to be $5,000 increases.
She earned $37,000 during her time with the township, which lasted 14 years. The township disputed her title as Zoning Officer, stating Construction Official Richard Roesch was the Zoning Officer. In Smith’s suit, she claims Roesch never acknowledged himself as the Zoning Officer.
The lawsuit comes on the heels of a turbulent year for the municipality, which includes separate tort claim notices filed by former Township Clerk Lisa Tilton, each for $3 million, but no lawsuits appear to have been filed relating to either complaint at this time.
Keep Galloway Green
7:48 pm on Thursday, February 16, 2012
Just what Galloway needs....more lawsuits!....State & or Feds should take over Galloway.... It's a cesspool of scheming politicians!
VTPat
7:58 pm on Thursday, February 16, 2012
Oh no! Same names more of the same schemin'. These guys are already well heeled and want more, how sad and immature.
Mick Harley
8:28 pm on Thursday, February 16, 2012
I think it's great she finally got the boot, She has harassed EVERY small business owner that parks there equipment or trucks in their yards or property for years!!!! I personally watched her drive onto or into many properties and take pictures. She ABUSED her position as a personal vendetta against people she didn't like or get along with. This whole thing is a joke, She is bitter and should be thankful that she still has a job. They should have put her on the road crew as a tamper patching potholes.......
58yearGresident
11:16 pm on Thursday, February 16, 2012
Someone better get a Score Card Ready! There are many Employee Workmans Compensation LawSuits (Pending from Injuries that happened on the Job) with multiple Liable + other Lawsuits against the "Galloway Gang" of which some have left and some are still galloway Rep/Managment. Why do you think Galloway's insurance/rating is in the crapper.It wasn't the Employees. Look into it! I Did!
Harry Scheeler
12:44 am on Friday, February 17, 2012
Read more on another angle regarding their star witness http://www.gallowaytwpnews.com/2012/02/publisher-new-lawsuit-lacks-credibility.html
ccj
8:57 am on Friday, February 17, 2012
What is it with this silly town and these frivolous employee lawsuits. Between this one and Lisa Tilton's it's hard to determine which is more frivolous. I just hope the town does the right thing and files a request with courts to have frivolous plaintiffs be held responsible for the town's legal fees. The townspeople shouldn't have to pay for this silliness.
Harry Scheeler
9:31 am on Friday, February 17, 2012
Tilton's lawsuit is not frivolous Steve. A child who knows how to read can see they violated her separation agreement and released her personnel file.
Keep Galloway Green
10:12 am on Friday, February 17, 2012
Anybody know when Bassford moved to PA?....Nj Constitution has had residency requirement since 1776!.....LMAOOOOOOOOOOOOOOOO.....Bassford should go today!....Galloway is a magnet for lawsuits & scheming politicians!....Or isn't Galloway part of NJ?....lol
58yearGresident
3:06 pm on Friday, February 17, 2012
I think you mean "Scheming (Galloway (Gang) Politicians and Management" are Attracting Lawsuits for Mishandling and Mistreating the Employees while claiming to be Broke, But Spending Taxpayer Money like Money is no object!
dan richards
2:56 pm on Friday, February 17, 2012
Boy Mr. Scheeler, for you to say you have no connection to Lisa Tilton you sure do get defensive when it comes to her case. I beg to differ! As far as the new lawsuit goes I am not quite sure what doccuments you read but you can clearly see were Ms. Smith has been violated.
Harry Scheeler
4:02 pm on Friday, February 17, 2012
I'm defensive to the parts which I have the documents that show that part of the case is valid. I never said every word of what she claims in 100% the truth. I disagree Ms. Smiths rights were violated. The Twp had ever right to eliminate her position and if they truly were conspiring to get rid of her why is she still working for the township? I don't think Smith's case will go anywhere and I would not at all be shocked if the Twp gets it thrown out of court.
ccj
5:18 pm on Saturday, February 18, 2012
It sure does seem apparent that Harry has some vested interest in Lisa or in her suit. Probably a long time friend or maybe she was a good source of info to him over the years and he's simply looking to have her back. That's honorable i guess, but it does come across as being done in almost a high school way. In terms of his constant insistence and feet stomping that her suit has merit and I believe he once made a ridiculous comment that it could actually cost the town tens of millions....well lets just say it's clear there are not a lot of well trained and successful lawyers that decide later in life to become bloggers with 100 or so monthly uniques or whatever tiny audience Harry is writing for.
Harry Scheeler
6:19 pm on Saturday, February 18, 2012
Mr Bonanni, My comment is not ridiculous my comment came from an attorney who is well aware of an Atlantic City case that was not 10% of the Tilton one and they got $50,000,000. For you information my website gets 300-500 unique visitors a day on average totally close to 2,000 page views. Don't cry because you were run out of town you are accountable for your own actions.
dan richards
5:32 pm on Friday, February 17, 2012
Mr. Scheeler from what I read Ms. Smith is in a union, and as far as unions go she would have bumping rights before she would actually lose her job.
VTPat
5:43 pm on Friday, February 17, 2012
Who's immature??
Coppola, Purdy, Kleiner, Blee, Tees all of them so well heeled and so immature. This is a small town and these guys are petty and vindictive over what?? Who gets to fire who for what reason?? Who gets to payback perceived petty slights?? You might think we live in the big city with millions of dollars in patronage at stake! It does not matter who I believe is right or wrong the bottom line is this town needed change and voted to send the petty, vindictive, and well healed people back into leadership positions so, the people of galloway are even more immature, how's that!
Harry Scheeler
7:46 pm on Friday, February 17, 2012
Mr. Richards you make no sense. Are you saying she is there still because she had rights? I don't get it. If they wanted to violate her rights why not just do all of them like they did to Lisa. Sounds like Smith was treated fairly to me. That complaint is a joke. Give me your email address I will email you a copy.
VTPat
11:01 am on Saturday, February 18, 2012
Just finished reading the lawsuit and despite the obvious conclusions have one more thing to offer. This gang from Cooper Levenson... better watch out for them. I cannot say what I do know out of fear of retaliation from these thugs. I cannot afford a high priced attorney to defend myself against what they will do but know this, they are bad news. Don't let the pretend facade of philanthropy fool you these guys are greedy and ruthless. They have no care for taxpayers or employees, their goal is to shake every cent out of every entity they encounter and further enrich themselves. They are predators of the highest order. Fools are those who voted on council to have anything to do with these greedsters. Check out their activity in AC for a sample. Big mistake Galloway, BIG mistake!
smithvillian
11:32 am on Saturday, February 18, 2012
In the process of getting my exit plan together. Galloway Twp. is not the place for me and my family to live any longer. After following the antics the last few years and wiping the egg from my face week after week with the rest of us here in Galloway all of our conversations have led us to the simple conclusion of leaving. The dark cloud that has been looming for years over Galloway is just about to settle and anchor itself unleashing the shitstorm that has been brewed up by the clowns, self serving/back pocket deal drones and crooks that have been destroying this community. I suggest the smart ones follow....
dan richards
7:54 pm on Saturday, February 18, 2012
Well I guess we have to wait and see how much merit Lisa actually has to her case, You seem to revolve a lot of your time to a town you don't have nothing to do with.
Harry Scheeler
8:15 pm on Saturday, February 18, 2012
Dan, I have 105 articles written on my blog. 4 of them are regarding the Tilton lawsuit. Everything else is regarding my fight to stop the Township from violating the peoples right to open government. You really should get your facts straight.
Harry Scheeler
8:48 pm on Saturday, February 18, 2012
I think Dan drank they no one did ANYTHING wrong Kool aid. When they need to increase taxes to pay for all these lawsuits he will come out of it.
ccj
9:27 pm on Saturday, February 18, 2012
Anyone other than me think Harry and Brian are the same person and that in both cases they should possibly find some professional help? They sure seem to focus in an obsessive way about Ms Tilton....almost in a stalker like fashion. Ok, Harry writes for some very low traffic'd blog that looks like a high school web publishing project that a freshman might hand in so it's not like we should expect a professional journalists comments like he's a Washington Post or NY Times reporter. The Brian character.......not sure where that one comes from, but the two certainly seem to be in lock step as if they are finishing each other's comments and backing each other's credibility. Unfortunately, no one else on the board seems to back up either of the two.
Harry Scheeler
9:31 pm on Saturday, February 18, 2012
CCJ 56,000 hits in 90 days is not low traffic. Brian is not me. He clearly has the legal knowledge of a lawyer. Maybe you should work on what you're going to tell the Judge about what you did and less time stalking Tilton.
ccj
9:43 am on Sunday, February 19, 2012
Harry...no offense as I respect most all entrepreneurial minded people....but 56,000 hits over 3 months (18,000 per month) is indeed incredibly small. If you strip out all of the bot activity from search engines and other third party site scanners, you're probably left with a quarter of the traffic you're reporting as being actual people visiting your site --- something like 6,000 PVs per month. I ran a family of blogs similar to Gawker Media concept, though the blogs were all focused on specific business industry segments, targeting people working in those industries - basically trade publications. We opened over 50, closed many that showed no legs and ended with 14 that could attract an audience of 50,000 Unique Visitors a month. And that Unique Visitors. The PV numbers were about 1.4 MM given the visitors propensity to return a couple of times a week and view a couple to few pages upon each visit. My point is I understand the online media as built a company in that space that was sold to a large trade publication company for a nice profit and as such I can very quickly determine what you're up to in terms of attracting an audience, etc after spending about 2 minutes on your site. I wish you the best, I truly do, I just wish you would stop with the Lisa Tilton obsession as well as what almost seems like harassment of the Galloway town itself. I mean by the shear number of OPRA requests it seems clear you're just trying to make things difficult for them. That's sad.
dan richards
9:39 pm on Saturday, February 18, 2012
First of Brian I am not harping on Mr.Sheeler's connection to Lisa Tilton, he becomes very defensive when it comes to her case. I personally think it's frivolous and will be thrown out of court. And yes I am a tax payer of Galloway and the reason I joined the GAlloway Patch is to voice my opinons whether you are Mr. Scheeler approve of them or not!
Harry Scheeler
9:43 pm on Saturday, February 18, 2012
Dan go to town hall, OPRA all of Harry Scheeler's OPRA request and then you tell me how she doesn't have a case? The documents are all there.
Harry Scheeler
9:47 pm on Saturday, February 18, 2012
According to tax records there is no Dan Richards who owns property in Galloway. Can you explain how you are paying taxes then?
dan richards
9:48 pm on Saturday, February 18, 2012
CCJ did you take notice that Mr.Scheeler bashes just about everyone who works for Galloway Township, with the exception of Lisa?
ccj
9:52 am on Sunday, February 19, 2012
Definitely a strange situation. I just get annoyed when people go so far out of their way to cause difficulty to others. Whether it's through frivolous law suits.....one of my biggest pet peavies....or over running small towns clerk offices with OPRA requests simply to make a point. Those actions cost these small towns real money and it my opinion it's wrong. I don't know this Harry guy but apparently he does run some low level blog covering Galloway. It doesn't seem to have any real advertising (his only way to monetize) so he seems to be spending a lot of time reporting on Galloway more out of hobby than profession. Not sure his background but virtually no results on his name that would leave one to believe he was once a professional journalist for a legitimate news org. When I read your common that you've lived there for 30 years I have to admit a sense of sympathy hit me. You seem like a reasonable person living in a town that is at times insane and petty in the way it operates. The stories going around re. Lisa and the mayor were unbelievable. It's like a modern day Peyton Place. I hope it get's better as I assume there are more good reasonable people like yourself versus the nutty residents that seem to make the most noise.
dan richards
9:51 pm on Saturday, February 18, 2012
Harry how would you know? I have lived here for 30 years how long have you lived here for?
Harry Scheeler
9:55 pm on Saturday, February 18, 2012
NJ tax records are public info and are online for all to see. I searched for Dan Richards and under that name there is no property owned.
Harry Scheeler
9:52 pm on Saturday, February 18, 2012
Dan I haven't bashed anyone. I investigated tips I got and blogged about the documents that substantiated the claims. Do you know how many Township employees leak info to me every week? How do you think I can strike with such pinpoint accuracy. The real hero's are the employees who have stood up to expose all the wrong doings. So again get your facts straight there are MANY employees behind the blog!
dan richards
9:54 pm on Saturday, February 18, 2012
And you better recheck your tax records I was just assessed 400.000 for my property.
Harry Scheeler
9:56 pm on Saturday, February 18, 2012
Well then Dan Richards must not be your real name.
dan richards
10:29 pm on Saturday, February 18, 2012
Brian, you wouldn't happen to be one of the small buisiness owners with too many trucks in your yard, would you?
dan richards
10:59 pm on Saturday, February 18, 2012
Not sure of what questions you are referring to that I haven't answered?
Harry Scheeler
11:18 pm on Saturday, February 18, 2012
Now I understand Dan's motives. You see many have accused Smith of being overzealous. So with his comment "Brian, you wouldn't happen to be one of the small buisiness owners with too many trucks in your yard, would you?" I would say he is a Smith supporter and since I was critical of the lawsuit he is now critical of me. Dan should understand I am not saying Smith dosn't have a case.
Jason Walter
2:06 pm on Friday, February 24, 2012
I wonder why that indiviual would resign if there was no wrong doing...... Just doesn't make sense why an employee who did NOTHING wrong would resign their position then go on to sue.........
dan richards
11:21 pm on Saturday, February 18, 2012
You make absolutly no sense, I think this question needs to go to Mr.Scheeler! All I was saying was I felt she had no bases for her lawsuit, but then again that's just my opinon.
dan richards
12:20 am on Sunday, February 19, 2012
Look I do not know Ms Tilton or Ms Smith personally. I was just stating my opinon.
dan richards
8:44 am on Sunday, February 19, 2012
Then again that is your opinion not mine. You seem to get allfully upset for someone who has no connection to Ms.Tilton's lawsuit.
dan richards
12:38 pm on Sunday, February 19, 2012
I think what matters the most to Harry and Brian is that the only opinions that count is the ones that agree with them. Well I got news for you, not every one sees things the same way. Whether if it is a fact or not. With your optimism let's hope Lisa suit don't go to a jury trial cause there are defintly differnt opinions there. I just served on a trial and let me tell you there was evidence and still not every one agreed!
Harry Scheeler
12:59 pm on Sunday, February 19, 2012
Dan the problem with your opinion is its not based on any reality. You criticize myself and Brian who have OPRA'ed the documents and know what is there. We are confused as to how you can sit there and say Tilton has no case? In fact you refuse to point out any facts that may change our mind. I don't know Tilton. My opinion of her case may change when more comes out. At this point I find her credible. Now if you have some incite on this case that can be backed up please share I would love to report on any inconsistencies in her case.
Harry Scheeler
12:41 pm on Sunday, February 19, 2012
CCJ you are one whacko. First of all I have getclicky.com installed on the site. I know what I am seeing. Clicky dons't count bots. As far as my past Journalism experience you need to Google my byline Harry B. Scheeler, Jr. + Atlantic City Press ext. I'm published in ever major newspaper in SNJ including the Philadelphia inquirer and Patch! The point of the blog was to stop the Mayor from interfering with our OPRA rights. The Mayor has since then made may public statements that the OPRA requests have uncovered a lot and a lot of good has come from them. You need to understand the costs came from Steve Bonanni who ordered the Lawyer to review EVERY request to try and stop them. Since his departure things run very smoothly. Thank's to the continued support of many Twp employees I have been able to uncover more then I ever hopped for. In my opinion the blog is a complete success and I am very happy with it. I honestly could care less what you think about it. Read it don't read it whatever!
ccj
12:22 pm on Tuesday, February 21, 2012
Harry....One thing. I disagree with your view on this and I'm not a fan of your tactics in terms of OPRA request after request which "appears" to be more about stirring the pot than getting access to important public information. That said, I made some not great comments about what you do as a profession and that was wrong of me. Anyone that does an honest days work deserves more respect than I showed and I apologize for that. We won't agree about the merits of the suit or the motivation for Lisa filing it, but that doesnt mean I have any right to knock what you do for a living. I'm sorry I did.
dan richards
11:26 pm on Sunday, February 19, 2012
I would like to set the record straight, I am a tax payer who owns his home in Galloway Township, I do not know nor have I met CCJ as you keep referring that we are the same person. You seem to get a lot of pleasure at putting people down. Reguardless if they are quilty of something or not... I do not know your motive since I was told you don't even live in this town. I think it took a lot of nerve cheking to see if I live here when you don't even live here. Are you that bored you have to focus on another town or is it your town is that perfict it does not need fixing?
Harry Scheeler
2:03 pm on Tuesday, February 21, 2012
CCJ you need to understand since the launch of the blog several people that include Township employees, Officials and residents have contacted me. Some of these people have given me info that should be looked into. I'm sure you can understand people on the inside of that building know more then the public which is a problem. Are some of these employees trying to stir the pot by giving me this info? Its possible but the public at large benefits. At some point they will have given me everything thing that is wrong with the township and the officials will have all the opertonity to correct it. At the end of the day Galloway will be the most efficient run governments in the state. Also keep in mind I never said 100% of Tiltons lawsuit had merit. I attest that two parts which I was able to verify do. Its possible those two parts are the only valid claims she has but until trial we will not know. All I am saying is the people saying her case is 100% b.s. are dead wrong. For some reason my objective analysis of the facts have turned into I'm somehow in cahoots with her which is completely false.
ccj
3:34 pm on Tuesday, February 21, 2012
Understood Richard. My main point was to apologize for making what seemed in hindsight to be childish comments about your work, blog, etc. I don't like when others do that and need to expect the same from myself. I've been involved, from the outside, in local politics in my town and have been frustrated by some people that have created lots of unnecessary work and often cost (mostly legal) for the town and I think I took that frustration out on you inappropriately. I always believe there are typically at least three sides to most stories, so I know I don't have all the info or answers. I sometimes comment as if I do, which is wrong on my part.
ccj
3:35 pm on Tuesday, February 21, 2012
Meant understood, Harry..
58yearGresident
11:59 am on Friday, February 24, 2012
Harry, if someone looks into the money spent on Overtime in the last couple years, they will find the majority allways went to the same few "Liked" labor employees and the same SUPERVISORS for the majority of the projects in Bonanni's Public Works Department. Especially the $900,000.00 Over budget Lean 2 shed that turned into a Garage to store old equipment, a small Sign shop 95% of the time is unmanned, and the Private Companys garage that maintains the city equipment, and the $1,000,000.00 (final cost price) old VFW purchase which is to be the New Senior Services building. Ask why did 3 Supervisors quick retire in the spring? One left (whom was Bonanni's Friend and fellow Florida Vacactioner and Retirement Property Hunter of which both did repeatedly on various occasions), and suddnly was allowed to collected unemployment (On the Taxpayers) til he reached 65 to get his Full Pension and then Galloway hired hs nephew to replace one of the Terminated employees. Another retired with his Full Pension and was brought back this past summer to work as Summer+employee? The 3rd was smart and got out. Interesting???
smithvillian
1:05 pm on Friday, February 24, 2012
Well.....sure there will be an exodus of sorts. The rock has been lifted exposing all that has been reported on by various press sources, including Harry, for all to see. Only those that have been benefitting from or are personally connected with the key individuals and the rampant abuse of their positions, the corruption, the nepotism, the back room back pocket deals....the list goes on and on....are their supporters.
I look at it this way.....any $ being spent on administration costs for processing OPRA requests is a bargain compared to the massive mismanaged spending, any/all pending lawsuit payouts....unwarranted overtime....etc....because these people who think they are doing the residents of Galloway a favor for "working" for the Twp. will think twice because just a few people are tuned into watching.....the bottom line is those in the queue to succession thought they were going to have it made like the ones before them but the rock is not there anymore and it's ugly under there....I like seeing the weak ones crack. It's like taking a bottle from a baby.
Jason Walter
1:57 pm on Friday, February 24, 2012
So crazy
Sean Conneamhe
7:24 am on Sunday, November 25, 2012
"Some say that any town which gets rid of its Zoning Officer is corrupt."