Galloway Council to Consider Smith Settlement Tuesday Night

Galloway Township Council will consider the proposed settlement agreement with employee Jody Smith at its meeting Tuesday night, Feb. 12, according to the agenda posted on the township's website Friday afternoon.

The township previously released a copy of the proposed agreement to Galloway Patch following an Open Public Records Act (OPRA) request on Jan. 30 of this year. The proposed settlement would award Smith $250,000, and has already been signed by Smith and the insurance company.

Smith filed a lawsuit against the township last year for eliminating her position of land use administrator/zoning officer in 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 alleged that all defendants acted as agents of Galloway Township to participate in, aid or abet. She alleged they conspired and engaged in acts furthering the conspiracy.

In her lawsuit, Smith sought compensatory and punitive damages, as well as a return to her previous position.

The settlement was reached through mediation, and council will discuss the matter Tuesday night.

The agenda for Tuesday night's meeting reads as follows:

TOWNSHIP OF GALLOWAY COUNCIL AGENDA- February 12, 2013, 6:30pm
1. Call to Order/Roll Call
2. Open Public Meeting Announcement
On January 8, 2013 notice of the meeting was mailed to the Mainland Journal, the Press & the Current & duly posted in Council Chambers and township website.
3. Moment of Silence
4. Flag Salute
5. Approval of Minutes
A. Regular Minutes January 22, 2013
B. Closed Session as to content only January 22, 2013
6. Proclamation
None
8. Council Committee Reports
9. Ordinances for Introduction (First Reading)
1862-13 Repeal and Delete Galloway Twp Code Chapter 51 “Funds”
1863-13 Amend Section 5-4 of the Galloway Township Code
10. Ordinances for Public Hearing (Second Reading)
None
11. Resolutions
48-13 Auth Payout of Accumulated Vac & Sick Time for Managerial Employee
49-13 Auth Payout of Accumulated Vac & Sick Time for Managerial Employee
57-13 Payment of Bills in the amt of $8,559,990.69
58-13 Authorize Council to go into closed session
59-13 Resolution to accept Jody Smith’s Settlement Agreement
Consent Agenda
Consent Agenda includes items of business which are not controversial & do not require individual discussion. A Motion approving the Consent Agenda is moved, seconded & voted upon as one item by the Township Council. If any discussion is requested on a Consent Agenda item, it is removed from the Consent Agenda to the Regular Agenda.
Resolutions
28-13 Appointing Fire Police
60-13 Authorizing Method of Payment for Delinquent Taxes
61-13 Authorizing the cancellation of Tax Sale
62-13 Authorizing return of unused funds
63-13 Authorizing the cancellation of taxes
64-13 Authorizing Person to Person Transfer of Plenary Retail License
65-13 Authorizing Person to Person Transfer of Plenary Retail License
66-13 Authorizing Person to Person Transfer of Plenary Retail License
67-13 Authorizing Municipal Towing Contractor Licenses
68-13 Authorizing the Mayor to execute Escrow Agreement
69-13 Amending Resolution to reflect amount
70-13 Consent to Proposed Water Quality Management Plan
71-13 Authorizing the Cancellation of Tax Sale Certificate
72-13 Authorizing the Cancellation of Tax Sale Certificate
73-13 Authorizing the Cancellation of Tax Sale Certificate
74-13 Authorizing the Cancellation of Tax Sale Certificate
75-13 Authorizing the Cancellation of Tax Sale Certificate
76-13 Authorizing the Cancellation of Tax Sale Certificate
77-13 Authorizing Method of Payment for Delinquent Taxes
78-13 Authorizing the Refund of Taxes Due to Overpayments
79-13 Authorizing the Refund of Escrow
80-13 Awarding Tub Grinding Services to B & J Recycling
81-13 Authorizing an Emergency Temporary Appropriation in the 2013 Temporary Budget.
82-13 Authorizing the Reduction of a Performance Guarantee
83-13 Authorizing the Release of Performance Guarantee
84-13 Request Approval of a Six (6) mo Ext with the NJ DOT for the Great Creek Rd Ped Path
85-13 Appointing Special Counsel for Records Management
12. Public Hearing and Discussion
13. Motion
None
14. Manager’s Report
15. Council Comments
16. Public Comment
The Galloway Township Council welcomes participation of interested organizations and individuals during regular, as well as, special meetings. However, in order for the Council to conduct the business of the Township
in the most productive manner possible, public comment on specific agenda items, questions comments at the end of regular meetings or during special meetings will be limited to five (5) minutes per person. If you wish to address the Council, please step up to the microphone at the appropriate time, and state your name.
17. Closed Session
18. Return to Open Session
19. Adjournment
Ordinances & Resolutions STATEMENTS
1862-13 Repeal and Delete Galloway Twp Code Chapter 51 “Funds”
This Ordinance is repealing and deleting in its entirety Chapter 51, “FUNDS” of the Galloway Township Code.
1863-13 Amend Section 5-4 of the Galloway Township Code
This Ordinance is amending section 5-4 of the Galloway Township Code to add an additional paragraph regarding the appointment of the Township Auditor.
28-13 Appointing Fire Police
This Resolution is appointing certain members to Fire Police for each Fire Department.
48-13 Auth Payout of Accumulated Vac & Sick Time for Managerial Employee
This Resolution authorizes the payout of accumulated vacation and sick time pursuant to ordinance # 1068-91.
49-13 Auth Payout of Accumulated Vac & Sick Time for Managerial Employee
This Resolution authorizes the payout of accumulated vacation and sick time pursuant to ordinance # 1068-91.
59-13 Resolution to accept Jody Smith’s settlement
This Resolution is accepting the settlement agreement for Jody Smith.
60-13 - Authorizing Method of Payment for Delinquent Taxes
This Resolution Authorizes Method of Payment for Delinquent Taxes.
61-13 Authorizing the cancellation of Tax Sale
This Resolution Authorizes the Cancellation of Tax Sale Certificate 12-00561 for Block 982, Lot 5.01.
62-13 Authorizing return of unused funds
This Resolution is returning the unused funds awarded from Edward Byrne Memorial Justice Assistance Grant in the amount of $266.00
63-13 Authorizing the cancellation of taxes
This Resolution is authorizing the cancellation of taxes under the Disabled Veteran Act.
64-13 Authorizing Person to Person Transfer of Plenary Retail License
This Resolution is authorizing a Person-to-Person transfer of Plenary Retail Consumption License to PNSTAM Inc. for the premise located at 343 E. White Horse Pike.
65-13 Authorizing Person to Person Transfer of Plenary Retail License
This Resolution is authorizing a Person-to-Person transfer of Plenary Retail Consumption License for the premises located at 920 W. White Horse Pike.
66-13 Authorizing Person to Person Transfer of Plenary Retail License
This Resolution is authorizing a Person-to-Person transfer of Plenary Retail Consumption License for the premises located at 245 W. White Horse Pike.
67-13 Authorizing Municipal Towing Contractor Licenses
This Resolution is authorizing Municipal Towing Contractor Licenses for 2013.
68-13 Authorizing the Mayor to execute Escrow Agreement
This Resolution is authorizing Mayor Don Purdy to execute an agreement between the Township of Galloway and the New Jersey Department of Community Affairs and Ocean City Home Bank for the Escrow Agreement.
69-13 Amending Resolution to reflect amount
This Resolution is Amending Resolution # 13-13 to reflect amount of contract.
70-13 Consent to Proposed Water Quality Management Plan
This Resolution is consenting to the Proposed Water Quality Management Plan Amendment Entitled:
Future Wastewater Service Areas.
71-13 Authorizing the cancellation of Tax Sale Certificate
This Resolution is authorizing the cancellation of tax sale certificate 12-00034 for Block 211, Lot 1 (1219 Aloe Street)
72-13 Authorizing the Cancellation of Tax Sale Certificate
This Resolution is authorizing the cancellation of tax sale certificate 12-00052 for Block 273.01, Lot 6.02 (135 N. Vienna Avenue)
73-13 Authorizing the Cancellation of Tax Sale Certificate
This Resolution is authorizing the cancellation of tax sale certificate 12-00070 for Block 355.01, Lot 5.02 (112 N. Vienna Avenue)
74-13 Authorizing the Cancellation of Tax Sale Certificate
This Resolution is authorizing the cancellation of tax sale certificate 12-00367 for Block 915, Lot 5.01 (338 E. White Horse Pike)
75-13 Authorizing the Cancellation of Tax Sale Certificate
This Resolution is authorizing the cancellation of tax sale certificate 12-00561 for Block 982, Lot 5.01 (502 Pelham Drive)
76-13 Authorizing the Cancellation of Tax Sale Certificate
This Resolution is authorizing the cancellation of tax sale certificate 12-00568 for Block 984, Lot 5.03 (216 Great Creek Road)
77-13 Authorizing Method of Payment for Delinquent Taxes
This Resolution is authorizing Method of Payment for Delinquent Taxes.
78-13 Authorizing the Refund of Taxes Due to Overpayments
This Resolution is authorizing the refund of taxes due to overpayments.
79-13 Authorizing the Refund of Escrow
This Resolution is authorizing the refund of escrow account #E21-552 in the amount of $450.00 for driveway apron that was deferred located at 233 Lenape Road by Jason Schneider.
80-13 Awarding Tub Grinding Services to B & J Recycling
This Resolution is awarding Tub Grinding Services to B & J Recycling in the amount of $1.00 Cubic Yard.
81-13 Authorizing an Emergency Temporary Appropriation for 2013 Budget
This Resolution is authorizing an Emergency Temporary Appropriation in the 2013 Temporary Budget to cover until the budget is adopted.
82-13 Authorizing the Reduction of a Performance Guarantee
This Resolution is authorizing the Reduction of a Performance Guarantee for Galloway Medical Arts Center to $53,622.00.
83-13 Authorizing the Release of Performance Guarantee
This Resolution is authorizing the Release of Performance Guarantee for John Falivene for the property at 436 Sixth Avenue, Block 982 Lot 5.02 Minor Subdivision.
84-13 Request Approval of a Six (6) mo Ext with the NJ DOT for the Great Creek Rd Ped Path
This Resolution requests a six (6) mo ext for the Great Creek Rd Pedestrian Safety Improvement Project for the Grant identified as SST-2011-GT-00003.
85-13 Appointing Special Counsel for Records Management
This Resolution is Appointing Special Counsel for Records Management for the Township of Galloway.