Civil Action. Plaintiff, Keith Isaac, by and through his attorneys, Berkowitz, Lichtstein,

Transcription

1 Berkowitz, Lichtstein, Kuritsky, Giasullo & Gross, LLC 75 Livingston Avenue Roseland, New Jersey Colin M. Page, Esq. (# ) Tel II: (973) Fax #: (973) Attorneys for Plaintiff,'Keith Isaac E;i1PERICIR COURT Cr 11) CIVIL DIVISION ESSEX VICINAGE 1105 t.ittf1-2 P It 00 FINANCE: RECEIVEYFILED. KEITH ISAAC, Plaintiff; v. SUPERIOR COURT OF NEW JERSEY LAW DIVISION: ESSEX COUNTY n iff4 DOCKET NO: L. CITY OF NEWARK and RAS J, BARAKA, and JOHN DOES 1-10 and ABC ENTITIES 1-10, Defendants. Civil Action COMPLAINT IN LIEU OF PREROGATIVE WRIT Plaintiff, Keith Isaac, by and through his attorneys, Berkowitz, Lichtstein, 0 Ti p1 N Oyitsky,_ Giasullo & Gross, LLC, by way of complaint against Defendants, says as follows: PARTIES 1. Plaintiff is a resident of the State of New Jersey, County of Essex, with a residential address of 71 Montrose Street, Newark, New Jersey , At all times relevant to the Complaint, Plaintiff was employed by Defendant, the City of Newark (the "City") as its Municipal Emergency Management Coordinator (hereinafter "EMC"). 3. Defendant, the City of Newark, is a municipality located in Essex County, New Jersey. 4, Defendant, Ras J. Baraka ("Mayor Baraka"), is the mayor of the City of Newark.

2 5, Defendants John Does 1-10 are individuals whose names are presently unknown to Plaintiff and who, as servants, agents or employees of the City, were involved in or participated in and/or were aware of and failed to act in response to the conduct that gives rise to this complaint, 6, Defendants ABC Entities 1-10 are fictitiously-named entities that were responsible in some manner, in whole or in part, for the injuries sustained by Plaintiff herein, either by their direct actions or by the actions and conduct of their servants, agents and employees, The true and actual identities of Defendants ABC Entities I 10 are unknown to Plaintiff. JURISDICTION 7. Jurisdiction over Defendants is vested in this Court by virtue of Defendants Conducting business in the State of New Jersey. VENUE 8. Venue of the within action is properly laid in this Court pursuant to New Jersey Rule of Court 4:3-2(a), by virtue of Essex County being the county in which Plaintiff resides. FACTS COMMON TO ALL COUNTS 9. Plaintiff hereby incorporates by reference the prior allegations of this Complaint as though fully set forth herein. 10. Plaintiff served as EMC of the City from August 17, 2007 until July 11, 2014, when he was terminated eleven months into his third three-year term. 11. On August 14, 2014, thirty-four (34) days after he was summarily terminated, Plaintiff put Defendants on notice of his claims pursuant to the Tort Claims Act, and has waited the six months mandated by such Act, to file the within claims. 12. The New Jersey Civilian Defense and Disaster Control Act ("CDCA"), N.J.S,A. A:9-33 et seq., sets forth the procedures for the appointment and removal of the EMC. 2

3 THE NEW JERSEY CIVILIAN DEFENSE AND DISASTER CONTROL ACT 13. The CDCA prescribes the authority for appointment of an EMC to a mandatory term of three years, The only provision in the CDCA for removal of the EMC prior to the expiration of the three-year term is if the EMC is removed by the Governor for cause. 14. Pursuant to A: "[t]he municipal emergency management coordinator, subject to fulfilling the requirements of this section, shall serve for a term of three years." 15. The CDCA, expressly states in the provision captioned "Memoval of municipal emergency management coordinator," that "[Ole Governor may remove any municipal emergency management coordinator at any time for cause." N,J.S.A. A: The provision enumerates no other method by which the EMC can be removed, and outlines in detail the procedure by which the Mayor shall appoint a new EMC, subject to the Governor's approval. 16. The statutory three year requirement reserving termination for the Governor only for cause, was to depoliticize and insure continuity in this highly sensitive position. Plaintiff is appointed and twice reappointed to the statutorily-created position of EMC 17. On August 17, 2007, Plaintiff was initially appointed to serve the three-year term as the EMC for the City by then Mayor, Cory Booker. 18. On August 17, 2010, Plaintiff was reappointed to the three-year term by Mr. Booker. 19. On August 18, 2013, then Mayor of the City, Luis Quintana, reappointed Plaintiff to serve as EMC for a term of less than three years, as reflected in his November 22, 2013 letter to Essex County Sheriff Armando Fontoura. A copy of that letter is attached hereto as Exhibit A. 3

4 20. On February 24, 2014 Mayor Quintana amended his reappointment of Plaintiff to be for the full three-year term in order to comply with the CDCA. A copy of Mayor Quintana's corrective letter to Sheriff Fontoura is attached hereto as Exhibit B. Plaintiff's term was not set to expire until August 17, 2016, 21. Plaintiff, as EMC, was responsible for developing and administering the City's emergency management program focusing on emergency mitigation, preparedness, response and recovery, Plaintiff's responsibilities included supervision of the day-to-day operations of the municipal office of emergency management, coordination amongst municipal agencies, departments and bureaus regarding their emergency management responsibilities and the implementation of policies and procedures regarding emergency management, During the course of his employment as EMC, Plaintiff successfully completed the Study Courses and Emergency Management Workshop required to hold the position of EMC. 23. In Plaintiff's capacity as the EMC for the City, he also served as Director of the City's Office of Emergency Management. 24. Plaintiff, during his tenure, managed millions of dollars in federal grants and was instrumental to obtaining several million in additional grants that were new to Newark. Wrongful Termination of Plaintiff 25. On Friday, July I 1, 2014, only eleven months into his third three-year term, Plaintiff attended a Level 2 staff meeting, wherein Mayor Baraka, Acting Business Administrator Chris Cooper and department directors and the executive staff were all present. Plaintiff and Fire Director, James Steward, presented at the staff meeting on the need for a larger fire presence at the Office of Emergency Management. 26. Immediately after the staff meeting, Kecia Daniels ("Daniels"), the Personnel Director of the City's Department of Administration, requested Plaintiffs presence in her office, 4

5 where she served Plaintiff with a letter dated July 11, 2014 advising him that his services as EMC were "no longer required." A copy of that letter is attached hereto as Exhibit C. 27. Daniels failed to provide any reasons for Plaintiff's termination. When Plaintiff asked the reasons for his termination, Daniels responded, "I don't know they just told me to serve you this letter and let you go." 28. Upon information and belief, Mayor Baraka made the decision to terminate Plaintiff's employment. 29. On Monday, July 14, 2014, Plaintiff appeared at his office and proceeded to perform his regular duties as EMC. 30. Upon information and belief, Daniels deactivated the electronic devices necessary for Plaintiff to carry out his duties as EMC and directed Plaintiffs staff not to cooperate with Mm, effectively terminating Plaintiff's employment as EMC, only eleven months into the three-year term to which he was appointed by the then Mayor. 31. Daniels lacked authority or the ability to dismiss Plaintiff from his position as EMC, as such right is statutorily reserved exclusively for the Governor and permissible only for cause. 32. No plausible cause fo Plaintiffs termination existed on July 11, 2014, as Plaintiff consistently earned praise and recognition for his outstanding performance as EMC. On March 15, 2012, Plaintiff's outstanding performance was memorialized by a plaque dedicating the City's new police headquarters and Office of Emergency Management/Homeland Security and Emergency Operational Center to several select individuals, including Plaintiff. A photograph of the "Nobility Pride Dedication" plaque which is affixed to that building is attached hereto as Exhibit D. 33. Plaintiff's outstanding performance as EMC was again recognized by Jane Holl Lute, the United States Deputy Secretary of Homeland Security, in correspondence dated January 5

6 24, 2013 to the City's Business Administrator, Julien X, Neals, which states in 'pertinent part Isjpecial thanks goes to Keith Isaac, for doing such an outstanding job as Director, Office of Emergency Management and Homeland Security, City of Newark." A copy of that correspondence is attached hereto as Exhibit E. 34. Upon Plaintiff's termination, Plaintiff was not compensated for the full amount of his accrued sick and vacation time. 35. Upon information and belief, Plaintiff, despite his exceptional performance as EMC, was wrongfully dismissed for purely political reasons. 36. Plaintiff is and has at all times been ready, willing and able to complete his current three-year term as EMC. COUNT I (Violation of the CDCA) 37. Plaintiff hereby incorporates by reference the allegations contained in the preceding paragraphs of this Complaint as though set forth herein at length. 38. Pursuant to the CDCA, Mayor Quintana appointed Plaintiff as EMC effective August 18, 2013, to serve for the statutorily mandated three-year term which is not set to conclude until August 18, The EMC may only be removed prior to the expiration of the three-year term by the Governor, for cause. Neither the Department, nor any other municipal agency, has the authority to supersede the provisions of the CDCA. 40. As a direct result of the aforesaid actions of Defendants, Plaintiff was improperly terminated from his employment as EMC, after only eleven months, and thus, well prior to the statutorily mandated three-year term. 41. As a result, Plaintiff's statutory rights have been violated and his protections 6

7 under the law have been eviscerated. 42. Plaintiff has suffered damages resulting in the loss of compensation, loss of earning power, loss of self-esteem, physical and emotional injury, the loss of opportunities for prospective employment, and is incurring legal expenses and other expenses as a result of Defendants' actions. WHEREFORE, Plaintiff demands judgment against Defendants directing Defendants to reinstate Plaintiff as EMC effective immediately or front pay, and awarding Plaintiff damages, including, but not limited to, equitable, and compensatory damages on all lost benefits, wages and rights; non-economic damages for emotional distress; attorneys' fees; costs of court; and for such other relief that the Court deems just and proper. COUNT IL (Wrongful Termination in Violation of Public Policy) 43. Plaintiff hereby incorporates by reference the allegations contained in the preceding paragraphs of this Complaint as though set forth herein at length, 44. Defendants, including members of the Department's upper management, terminated Plaintiff without notice. 45. Defendants acted maliciously or with wanton and willful disregard to Plaintiff's rights, and lacked the authority to terminate Plaintiff prior to the expiration of the three-year term and acted beyond the scope of their powers and authority, and upon information and belief took such wrongful actions based on political motivations, thus, wrongfully terminated Plaintiff from his employment in violation of public policy. 46. Plaintiff Fitts suffered damages resulting in the loss of compensation, loss of earning power, loss of self-esteem, physical and emotional injury, the loss of opportunities for prospective employment, and is incurring legal expenses and other expenses as a result of 7

8 Defendants' actions. WHEREFORE, Plaintiff demands judgment against Defendants directing Defendants to reinstate Plaintiff as EMC effective immediately or front pay, and awarding Plaintiff damages, including, but not limited to, equitable, punitive and compensatory damages on all lost benefits, wages and rights; non-economic damages for emotional distress; attorneys' fees; costs of court; and for such other relief that the Court deems just and proper. COUNT III (Breach of Contract) 47. Plaintiff hereby incorporates by reference the allegations contained in the preceding paragraphs of this Complaint as though set forth herein at length. 48. As detailed in this Complaint, The City's then mayor, Luis Quintana reappointed Plaintiff as EMC to serve the three year term which was not set to expire until August 18, year term. 49. Plaintiff accepted and committed to serving as the EMC for the three year term. 50. Defendants were obligated by their promise to permit Plaintiff to serve the three 51. Defendants breached their agreement with Plaintiff when they summarily terminated Plaintiff without cause on July 11, 2014, prior to the expiration of the three year term. 52. Defendants know, or have recklessly disregarded, the fact there is no reasonable basis for their failure to uphold their obligation to allow Plaintiff to serve as EMC and compensate him for his service, through August 18, , Plaintiff has suffered damages resulting in the loss of compensation, loss of earning power, loss of selfiesteem, physical and emotional' injury, the loss of opportunities for prospective employment, and is incurring legal expenses and other expenses as a result of Defendants' actions. 8

9 WHEREFORE, Plaintiff demands judgment against Defendants directing Defendants to reinstate Plaintiff as EMC effective immediately or front pay, and awarding Plaintiff damages, including, but not limited to, equitable, and compensatory damages on all lost benefits, wages and rights; non-economic damages for emotional distress; attorneys' fees; costs of court; and for such other relief that the Court deems just and proper. COUNT IV (Breach of the Implied Covenant of Good Faith and Fair Dealing) 54. Plaintiff hereby incorporates by reference the allegations contained in the preceding paragraphs of this Complaint as though set forth herein at length. 55. Defendants lacked the authority to terminate Plaintiff prior to the expiration of the three-year term and acted beyond the scope of its powers and authority. 56. Defendants' termination of Plaintiff from his highly sensitive position was undertaken in bad faith for political reasons in clear violation of the controlling statute. 57. Defendants have failed to reinstate Plaintiff to his position as EMC and have continued to block Plaintiff from carrying out his duties as same, as catalogued in this complaint. 58. Defendants acted maliciously or with wanton and willful disregard to Plaintiff's rights, having failed to act in good faith and deal fairly with Plaintiff, and Defendants' actions as set forth above have proximately caused Plaintiff to suffer damages resulting in the loss of compensation, loss of earning power, loss of self-esteem, physical and emotional injury; the loss of opportunities for prospective employment, and legal expenses and other expenses. WHEREFORE, Plaintiff demands judgment against Defendants directing Defendants to reinstate Plaintiff as EMC&fective immediately or front pay, and awarding Plaintiff damages, including, but not limited to, equitable, punitive and compensatory damages on all lost benefits, wages and rights; non-economic damages for emotional distress; attorneys' fees; costs of court; 9

10 and for such other relief that the Court deems just and proper. COUNT V (Promissory Estoppel) 59. Plaintiff hereby incorporates by reference the allegations contained in the preceding paragraphs of this Complaint as though set forth herein at length, 60. Defendants, vis-a-vis the reappointment of Plaintiff to the three-year term, promised to allow Plaintiff to serve as EMC and be compensated for such services until August 18, Defendants acted maliciously or with wanton and willfitl disregard to Plaintiff's rights and Defendants should have expected that these promises would induce some definite and substantial action on the part of Plaintiff. Defendants. 62. Plaintiff did in fact reasonably rely to his detriment on promises made by 63. it Plaintiff has suffered damages resulting in the loss of compensation, loss of earning power, loss of self-esteem, physical and emotional injury, the loss of opportunities for prospective employment, and is incurring legal expenses and other expenses as a result of his reliance on Defendants' promises. WHEREFORE, Plaintiff demands judgment against Defendants directing Defendants to reinstate Plaintiff as EMC effective immediately, and awarding Plaintiff damages, including, but not limited to, equitable, punitive and compensatory damages on all lost benefits, wages and rights; non-economic damages for emotional distress; attorneys' fees; costs of court; and for such other relief that the Court deems just and proper. 10

11 COUNT VI (Failure to Pay Wages) 64, Plaintiff hereby incorporates by reference the allegations contained in the preceding paragraphs of this Complaint as though set forth herein at length. 65. Plaintiff has significant accrued vacation and sick days for which he is entitled to regular compensation. 66. Defendants failed to pay Plaintiff his regular wages for the accrued vacation and sick time in violation of the New Jersey Wage Law. WHEREFORE, Plaintiff demands judgment against Defendant and seeks damages for unpaid wages, liquidated damages, statutory penalties, attorney's fees, costs of suit, interest, and such other relief that the Court may deem just and proper. COUNT VU (John and Jane Does 1-10; ABC Companies 1-10) 67. Plaintiff hereby incorporates by reference the allegations contained in the preceding paragraphs of this Complaint as though set forth herein at length. 68. John and Jane Does 1-10, whose names are presently unknown to Plaintiff, caused or contributed in whole or in part to the conduct that gave rise to Plaintiff's injuries as set forth herein. 69. ABC Companies 1-10, which entities are presently unknown to Plaintiff, caused or contributed in whole or in part to the conduct that gave rise to Plaintiffs injuries as set forth herein. WHEREFORE, Plaintiff demands judgment against Defendants directing Defendants to reinstate Plaintiff as EMC effective immediately or front pay, and awarding Plaintiff damages, 11

12 including, but not limited to, equitable, punitive and compensatory damages on all lost benefits, wages and rights; non-economic damages for emotional distress; attorneys' fees; costs of court; and for such other relief that the Court deems just and proper. BERKOWITZ, LICHTSTEIN, KURITSKY, GIASULLO & GROSS, LLC Attorneys for Plaintiff DATED: ig/c.7./75. B DEMAND FOR TRIAL BY JURY Plaintiff hereby demands a trial by jury on all issues. BERKOWITZ, LICHTSTEIN, KURITSKY, GIASULLO & GROSS, LLC Attorneys for Plaintiff DATED:,R/ 2 77/.5 By C LIN M DESIGNATION OF TRIAL COUNSEL Pursuant to the provisions of & 4:25-4, the Court is advised that Colin M. Page, Esq., is hereby designated the trial counsel of record on behalf of Plaintiff. BERKOWITZ, LICHTSTEIN, KURITSKY, GIASULLO & GROSS, LLC Attorneys for Plaint DATED:,g/ 41100eAllIPP 12

13 CERTIFICATION PURSUANT TO R. 4:69-4 In accordance with R. 4:69-4, I hereby certify that no transcripts of local agency proceedings have been ordered as Plaintiff was never given an administrative hearing regarding his dismissal and to the best of our knowledge, no such transcripts exist. BERKOWITZ, LICHTSTEIN, KURITSKY, GIASULLO & GROSS, LLC Attorneys for Plain 'ft DATED: AI 0,7 /15 CERTIFICATION PURSUANT TO IL 4:5-1 In accordance with Rule 4:5-1, I hereby certify that the matter in controversy is not the subject of any other action pending in any other court or in any arbitration proceeding, and that no other proceedings are contemplated and no other parties should be joined in this action at this time. BERKOWITZ, LICHTSTEIN, KURITSKY, GIASULLO & GROSS, LL Attorneys for P DATED: gic.? 71/2 5 13

14 SETTLEMENT AGREEMENT AND GENERAL RELEASE THIS SETTLEMENT AGREEMENT AND GENERAL RELEASE (hereinafter "this Agreement") is entered into by and between KEITH ISAAC (hereinafter "Plaintiff') and the CITY OF NEWARK, RAS J. BARAKA, and its OFFICERS, EMPLOYEES, AGENTS OR SERVANTS, collectively, (hereinafter "Defendant"); and WHEREAS, Plaintiff filed a Complaint against Defendant in the Superior Court of New Jersey entitled Keith Isaac v. City of Newark, bearing Docket No.: ESX-L and has asserted claims in connection with alleged events occurring during Plaintiffs employment with the Defendant; and WHEREAS, the Complaint set forth causes of action alleging: (1) Violation of the New Jersey Civilian Defense and Disaster Control Act (CDCA); (2) Wrongful Termination in Violation of Public Policy; (3) Breach of Contract; and (4) Breach of the Implied Covenant of Good Faith and Fair Dealing; and WHEREAS, as result of Defendant's actions, Plaintiff claims he has suffered damages resulting in the loss of compensation, loss of earning power, loss of self-esteem, physical and emotional injury, loss of opportunities for prospective employment, loss of equitable and compensatory damages on all lost benefits, wages and rights, non economic damages for emotional distress, and attorney fees; and WHEREAS, on February 26, 2016 the parties settled all controversies between them, including Plaintiffs claims bearing Docket No.: ESX-L and including any and all related claims which could have been asserted as of the effective date of the settlement, whether such claims are presently known or unknown; and WHEREAS, all Parties acknowledge that the merits of the controversy are in dispute and have not been finally adjudicated, and that no Party admits any liability to any other, but all have reasons to desire amicable resolution of the matter, including to avoid the cost of litigation; and Page 1 of 13

15 WHEREAS, the Parties have determined that it is in their best interest to enter into this Agreement and thereby (a) amicably resolve all issues in dispute asserted in the Action, or which could have been asserted in the Action, without any admission of liability or wrongdoing, and (b) dismiss the Action with prejudice and without costs; NOW, for and in consideration of the agreements, covenants and conditions herein contained, the adequacy and sufficiency of which are hereby expressly acknowledged by the Parties hereto, the Parties agree as follows: 1. Terms of Settlement: The Action is settled in its entirety, subject to approval of Newark Municipal Council and the following terms: 2. Settlement Payment: The Defendant hereby agrees to pay Plaintiff the settlement amount of Three Hundred and Eighty Thousand Dollars ($380,000.00), payable as follows: 2.1 One Hundred and Ninety Thousand Dollars ($190,000.00) to be received within sixty days from receipt of the frilly executed Agreement by Plaintiff, 2.2 One Hundred and Ninety Thousand dollars ($190,000.00) to be paid to Plaintiff by January 31, Upon the City's payment of the aforesaid settlement amount, Plaintiff agrees to voluntarily dismiss the aforesaid lawsuit, in its entirety, with prejudice. 2.4 Plaintiff will be entitled to interest, attorney fees and costs if he has to bring an enforcement action related to Defendant's failure to pay the settlement amount pursuant to the terms of the Settlement Agreement. 2.5 The payments to be made by the Defendant pursuant to paragraph 2, the "Settlement Amount" is intended by the mutual agreement of the Parties to be full and final compensation for any and all claims Page 2 of 13

16 and potential claims by Plaintiff, up to the date of this Agreement, including, but not limited to, any claims for attorney fees, expenses and costs, it being represented that Plaintiff incurred attorney fees in the amount of One Hundred Thirty Three Thousand dollars ($133,000.00), and costs in the amount of Three Hundred and Twenty Three dollars and Twenty Five Cents ($323.25), 3. No Representation as to Tax Consequences/Tax Indemnification: Neither the Plaintiff or Defendant make any representation to the other as to the tax consequences of the payment of the Settlement Amount hereunder nor does either rely on any tax advice or representation from the other. Plaintiff agrees that he will be responsible for the payment of all applicable state, federal and local taxes with respect to the payment of the Settlement Amount and will assume full liability with respect to same, Plaintiff further agrees to fully indemnify, defend, and hold harmless the Defendant from and against any and all claims, actions, or proceedings brought by the Internal Revenue Service or any other taxing authority in which it is asserted that taxes, interest, or penalties are or may be due from Plaintiff on account of the payment of the Settlement Amount or any provision on account of the payment of the Settlement Amount or any provision of this Agreement, or in which it is asserted that taxes or other monies should have been withheld from any of the payments comprising the Settlement Amount or that penalties or interest are due on account of any claimed failure to withhold taxes or other monies from the Settlement Amount, provided however that this indemnification provision shall not apply to claims that the Defendant has failed to remit any "Withheld Taxes" or the "Employer's Share", if applicable, to the appropriate taxing authorities. 3.1 Plaintiff and Plaintiff's representative, Colin M. Page, Esquire of Berkowitz, Lichstein, Kuritsky, Glasullo Gross, LLC, 75 Livingston Avenue Roseland, New Jersey, shall be solely responsible for compliance with NJ.S,A. 2A: b, and neither the City, nor its counsel, shall have any responsibility for same. Page 3 of 13

17 4, Release in Consideration for the Payment and Other Consideration Provided for in this Agreement: In consideration of the payment and other consideration provided for in this Agreement, Plaintiff personally and for his estate and his heirs waives, releases, and gives up any and all claims, demands, obligations, damages, liabilities, causes of action and rights, in law or in equity, known and unknown, that he may have against the Defendant, its agents, representatives and employees (present and former), and its respective successors and assigns, heirs, executors and personal or legal representatives, based upon any act, event or omission occurring before the execution of this Agreement, including, but not limited to, any events related to, arising from, or in connection with Plaintiff's employment and/or association with the Defendant. Plaintiff specifically waives, releases and gives up any and all claims arising from or relating to Plaintiff's employment and/or association with the Defendant based upon any act, event or omission occurring before the date of execution of this Agreement, including but not limited to, any claim that was asserted or could have been asserted under any federal and/or state statutes, regulations and/or common law. Plaintiff specifically waives, releases, and gives up any and all claims arising from or relating to his employment and/or relationship and/or association with Defendant, based upon any act, event or omission occurring before the effective date of the settlement, including but not limited to, any claim that was asserted or could have been asserted under any Federal and/or State statutes, regulations and/or common law, expressly including, but not limited, to any potential claim relating to the following (along with any amendments thereto): a) The National Labor Relations Act; b) Title VII of the Civil Rights Act of 1964; c) Sections 1981 through 1988 of Title 42 of the United States Code; d) The Employment Retirement Income Security Act of 1974; Page 4 of 13

18 e) The Immigration Reform Control Act; 0 The Americans with Disabilities Act of 1990; g) The Age Discrimination & Employment Act of 1967; h) The Fair Labor Standards Act; I) The Occupational Safety & Health Act; j) The Family & Medical Leave Act of 1993; k) The Equal Pay Act; I) The New Jersey Law Against Discrimination; m) The New Jersey Minimum Wage Law; 11) The Equal Pay Law for New Jersey; o) The New Jersey Worker Health & Safety Act; p) The New Jersey Family Leave Act; q) The New Jersey Conscientious Employee Protection Act; r) Any anti-retaliation provision of any statute or law, State or Federal; and s) Any other federal, state or local, civil or human rights law or any other local, state or federal law, regulation or ordinance, any provision of any federal state constitution, any public policy, contract, tort or common law, conversion, spoliation, or any losses, injuries or damages (including back pay, front pay, liquidated, compensatory or punitive damages, attorney's fees and litigation costs). 4,1 This Release also includes, but is not limited to, any and all claims, rights, and causes of action arising from, connected with, or having any relation to Plaintiff's employment with the City of Newark or the termination of that employment based on anything that occurred up to the date of execution of this Agreement by Plaintiff. Page 5 of 13

19 4.2 This Release also includes, without limitation and no matter how denominated or described, any claim by Plaintiff under any federal, state or local law, rule, regulation or executive order and any claim by Plaintiff of discrimination, negligence, loss of consortium, unlawful retaliation, breach of promise, violation of public policy, breach of contract, impairment of economic opportunity, loss of business opportunity, fraud, misrepresentation, intentional infliction of emotional distress, defamation, psychological harm, pain and suffering, perceived disability, history of disability and, payment of wages or benefits, including but not limited to overtime, compensation time, vacation time, personal time and sick time. This Release extends and applies to all unknown, unsuspected and unanticipated claims, liens, injuries and damages of Plaintiff, as well as those now known, 5. No Claims Permitted/Covenant Not to Sue: Plaintiff waives his right to file any charge or complaint on his own behalf and/or participate as a complainant, a plaintiff, or charging party in any charge or complaint which may be made by any other person or organization on their behalf; with respect to anything which has happened up to the execution of this Agreement before any federal, state or local court or administrative agency, including the Equal Employment Opportunity Commission and the Division of Civil Rights, against the Defendant, except if such waiver is prohibited by law. Should any charge or complaint be filed, Plaintiff agrees that he will not accept any relief or recovery therefrom Plaintiff confirms that no such charge, complaint or action exists in any forum or form other than the Complaint bearing Docket No. ESX-L , and hereby covenants not to file any charge, complaint or action in any forum or form against the Defendant based upon anything which is encompassed by the terms of this Agreement, except as prohibited by law. In the event that any such charge, complaint or action is filed by Plaintiff, it shall be dismissed with prejudice upon presentation of this Agreement. Page 6 of 13

20 6. Attorney's Fees and Expenses: It is specifically understood and agreed that the Settlement Amount includes all claims for attorney fees and costs, Plaintiff understands that by executing this Agreement, he releases and waives any claim or right for attorney fees and costs in connection with the "Potential Action" or otherwise, Neither Plaintiff nor Colin M. Page, Esquire, counsel for Plaintiff, nor anyone acting on his behalf, shall make application for any additional monies in addition to the amounts set forth in this Agreement nor shall any of them make any application for attorney fees or costs, as those amounts are included in the total payment being made herein. 7. No Pending Actions/Confidentiality of the City Operations: Plaintiff represents that there are no pending lawsuits, charges, administrative proceedings, or other claims of any kind that he has filed against the Defendant in any state or federal court or before any govermnental agency or other administrative body. To the extent permitted by law, Plaintiff agrees that he shall not be entitled to recover any individual monetary relief or other individual remedies in the case of any individual claim, 8. No Admission of Liability: This Agreement is executed and all consideration is given in final settlement of disputed claims, and shall not be construed as an admission of any allegation of liability or wrongdoing by any of the Parties, This Settlement Agreement and General Release shall not be deemed an admission by any Party of the truth or validity of any claims, allegations, defenses, or positions asserted by any other Party. Nor shall this Agreement be construed as an admission by the Defendant of any liability to, or any act of wrongdoing against Plaintiff, The Defendant specifically denies and disclaims any liability or wrongdoing whatsoever. Page 7 of 13

21 9. Confidentiality and Non-Disclosure: Unless consent is granted to the extent permitted by law, neither Plaintiff, or his spouse or his respective attorneys, agents or representatives shall disclose this Agreement or discuss the terms hereof with any third party. However, the information in this Agreement may be communicated to Plaintiffs attorneys and tax advisors, If Plaintiff or his attorney receives an inquiry from any third party about the Potential Action or this Agreement, Plaintiff or his attorney shall respond by saying only that "the matter has been resolved", Plaintiff agrees and understands the confidentiality requirements of this paragraph are a material inducement to the Defendant's consent to this Agreement, and that a violation of these confidentiality requirements will be deemed a material breach of this Agreement. In the event Plaintiff or his attorney is served with a subpoena or court order requiring disclosure of the terms and provisions of this Agreement, Plaintiff or his attorney shall immediately provide a copy of the subpoena or court order to the Defendant or the Defendant's attorney, 9.1 Plaintiff specifically certifies that he has not discussed this Agreement, or the terms contained herein, with anyone other than his attorneys, spouse and/or tax advisor. 10. Non-Disparagement: 10.1 Plaintiff shall not make any statements or comments to any third parties, or post or issue any statements, comments, or other communications or information.on any social network or through any social media (such as, but not limited to, Facebook, Twitter, You Tube, Google+, or blogs), that disparage or defame the Defendant, 10.2 In the event the Defendant receives any employment inquiry regarding Plaintiff, the Defendant shall confum his position and dates of employment and shall provide no other information, unless required by law, Page 8 of 13

22 11. Fair Representation: The Parties represent and warrant that their respective attorneys have represented them fully, and without bias or conflict in connection with the Potential Action and the negotiation and execution of this Agreement. 12, Consultation With an Attorney: The Parties have consulted with their attorneys with respect to this Agreement, and reviewed with their attorneys all the terms and conditions of this Agreement before signing this Agreement. 13. Knowing and Voluntary Agreement: The Parties represent and acknowledge that they have had a reasonable amount of time to consider this Agreement, and that in executing this Agreement rely entirely upon their own judgment, beliefs and interests and the advice of their counsel, and they do not rely and have not relied upon any representation or statement made by the other party, or by any agents, representatives or attorneys of the other party, with regard to the subject matter, basis or effect of this Agreement or otherwise, other than as specifically stated in this Agreement. The Parties specifically acknowledge that all releases contained herein are knowing and voluntary. 14, Who is Bound: This Agreement shall be binding upon and inure to the benefit of the Parties hereto, and their respective legal representatives, agents, successors, assigns, heirs and executors. IS. Complete Agreement: This Agreement contains the entire Agreement between the Parties with respect to the subject matter, and supersedes all prior agreements or understandings dealing with the same subject matter. No Party has agreed to do anything other than as is expressly stated in this Agreement. Page 9 of 13

23 16. Choice of Law: This Agreement shall in all respects be interpreted, enforced and governed by the laws of the State of New Jersey, without regard to its conflict of laws provisions. 11, Modification: This Agreement may be amended, revoked, changed or modified only upon a written agreement signed by Plaintiff and an authorized representative of the Defendant, No waiver of any provision of this Agreement will be valid unless it is in writing and signed by the Party against whom the waiver is asserted. 18, Severabilitv: Should any provision of this Agreement be declared or determined by any court of competent jurisdiction to be illegal, invalid or unenforceable, the legality, validity, and enforceability of the remaining parts, terms or provisions shall not be affected thereby and said illegal, unenforceable or invalid part, term, or provision shall be deemed not to be a part of this Agreement. 19. Negotiated Agreement: No Construction Against Any Party: This Agreement was not drafted by any of the Parties, but rather is the result of negotiations between the Parties with the benefit of their attorneys, Each Party to this Agreement read this Agreement and has fieely and voluntarily executed it. No ambiguity that may arise hi this Agreement shall be resolved by construing the Agreement against any of the Parties as drafter of same. 20, Headings: Headings in this Agreement are for convenience only. They do not limit, modify, or change the text of this Agreement and may not be used to interpret or construe this Agreement. 21, Attestation of Parties: Each of the Parties represent and warrant that they have carefully read each and every provision of this Agreement, and that they fully understand all of the terms and conditions contained in each provision Page 10 of 13

24 of this Agreement, Each of the Parties represent and warrant that they entered into this Agreement voluntarily, of their own free will, without any pressure or coercion from any person or entity whatsoever. 21 Notices: Any and all notices required or permitted to be given under this Agreement shall be in writing and shall be delivered by certified mail, return receipt requested or by same day delivery or courier service as follows in order to be valid and effective: (a) On the City: Corporate Counsel for the City of Newark City of Newark Law Department Newark, New Jersey Evidence: This Agreement is not intended to be used and shall not be used as evidence or for any other purpose in any other action or proceeding, other than evidence of the Parties' compromise as set forth herein or to enforce the terms of this Agreement. Page 11 of 13

25 THIS AGREEMENT INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS, INCLUDING LAWS PROHIBITING DISCRIMINATION IN EMPLOYMENT, PLAINTIFF HAS BEEN ADVISED BY HIS ATTORNEY THAT HE HAS UP TO TWENTY- ONE (21) CALENDAR DAYS TO CONSIDER THIS SETTLEMENT AGREEMENT AND GENERAL RELEASE AND CHOOSES TO WAIVE THE REMAINING TIME PERIOD. dud here) II, PLAINTIFF HAS BEEN ADVISED BY HIS ATTORNEY THAT HE MAY REVOKE THIS SE i ILEMENT AGREEMENT AND GENERAL RELEASE FOR A PERIOD OF SEVEN (7) CALENDAR DAYS FOLLOWING THE DAY EMPLOYEE SIGNS THIS SETTLEMENT AGREEMENT AND GENERAL RELEASE AND RE HAS CHOSEN TO WAIVE THIS RIGHT, bee (Initial here) BY SIGNING THIS AGREEMENT AND GENERAL RELEASE, PLAINTIFF ACKNOWLEDGES: A. B. HE HAS READ IT; HE UNDERSTANDS IT AN IMPORTANT RIGHTS; (httual here) OWS HE IS GIVING UP (bridal here) C, HE AGREES WITH EVERYTHING IN IT; (Mud here) D. HIS ATTORNEY NEGOTIATED THIS SETTLEMENT AGREEMENT AND GENE LEASE WITH HIS KNOWLEDGE AND CONSENT; (Initial here) E. HE HAS BEEN ADVISED TO CONSULT WITH HIS ATTORNEY PRIOR TO EXECUTING THIS SETTLEMENT AGREE D GENERAL RELEASE, AND HAS IN FACT DONE SO; (hada! here) AND F. HE HAS SIGNED THIS SETTLEMENT AGREEMENT AND GENERAL RELEASE KNOWINGLY AND VOLUNTARILY, (Initial here) Page 12 of 13

26 IN WITNESS WHEREOF, the Parties have hereunto set their hands, PLAIN TH ISAAC Dated: DESIGNATED REPRESENTATIVE FOR DEFENDANT Dated: Prepared By: Barbara Ann Johnson-Stokes, Esquire Page 13 of 13