Plaintiffs, SHANNON HYMAN TORRES, JOSEPH M. RENDINA and. ROBERT L. AUMACK, by way of Complaint against Defendants, LORENE

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1 Timothy D.. Lyons, Esq. ( ) LOMURRO, DAVISON, EASTMAN & MUROZ, P.A. Monmouth Executive Center 100 Willow Brook Road Suite 100 Freehold, New Jersey (732) (732) fax Attorneys for SHANNON HYMAN TORRES, JOSEPH M. RENDINA and ROBERT L. AUMACK, v. Plaintiffs, LORENE WRIGHT and THE BOROUGH OF KEYPORT, SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MONMOUTH COUNTY DOCKET NO.: t..././m-0 CIVIL ACTION COMPLAINT, JURY DEMAND and DESIGNATION OF TRIAL COUNSEL Defendants. Plaintiffs, SHANNON HYMAN TORRES, JOSEPH M. RENDINA and ROBERT L. AUMACK, by way of Complaint against Defendants, LORENE WRIGHT and the BOROUGH OF KEYPORT, herein state as follows:. FACTS COMMON AS TO ALL PARTIES FIRST COUNT 1. Plaintiff, Shannon Hyman Torres (hereinafter "Torres") with a residential address of 15 Kentucky Drive, Hazlet, New Jersey, at all times herein has been an employed as an Officer and Detective of the Police Department in the Borough of Keyport. f-ahotne1111hyrnan - Iml 047 \pleadingslcomplaint - draft doc

2 '. t. ".'. 2. Plaintiff, Joseph M. Rendina (hereinafter "Rendina") is a resident of 42 Manchester Avenue, Keyport, New Jersey and at all times referenced herein was a Detective of the Police Department of the Borough of Keyport. 3. 'Plaintiff, Robert L. Aumack (hereinafter "Aumack") with a residential address of 67 West Front Street, Keyport, New Jersey, at all times herein referenced was an Officer of the Police Department of the Borough of Keyport. 4. At all times referenced herein, Defendant Borough of.keyport is a municipality in the County of Monmouth, State of New Jersey. 5. Defendant, Lorene Wright (hereinafter "Wright") with a residential address in Keyport, New Jersey, at all times referenced herein was employed as the Borough Administrator of the Borough of Keyport. 6. On or about December 10, 2012, Wright was operating her motor vehicle in a parking lot at the borough hall of the Borough of Keyport at which time Wright caused a certain car accident, colliding her motor vehicle with the unoccupied, parked motor vehicle owned by Torres. 7. When Torres appeared at the scene of the accident, she attempted to discuss the accident with Wright. 8. Wright became aggravated and enraged at Torres, and quickly and aggressively moved towards Torres and bumped, 2

3 touched, pushed and accosted Torres without the consent or excuse to do so. 9. Wright's actions and conduct were unwanted, and an unlawful touching, physical attack and an assault upon Torres' person. 10. As a result of Wright assaulting Torres, Torres has suffered emotional -distress, pain and suffering, embarrassment and humiliation. 11. Ori or about March 5, 2013 Torres filed a Notice of Tort Claim, see Exhibit A hereto. WHEREFORE, Plaintiff, SHANNON HYMAN TORRES, demands judgment be entered against Defendant, LORENE WRIGHT, for an.award of compensatory damages, consequential damages, punitive damages-and attorney's fees and costs, and any other relief the court deems equitable and just. SECOND COUNT 1. Plaintiffs repeat and reallege each and every allegation of the First Count of the Complaint as if fully set forth at length herein. 2. As a result of the aforementioned assault, Torres placed Wright under arrest. 3. Subsequent to the assault upon Torres and Wright's arrest, by and through their actions and failure to act Defendants created a hostile work environment for Torres, and

4 retaliated against Torres for arresting Wright and reporting the assault thereby fulfilling her job responsibilities and duties. 4. Defendants had, without limitation, failed and refused to. pay Torres' earned income through. her employment, and permitted Wright to continue to confront Torres including but not limited to. flicking lit cigarettes at Torres. 5. Subsequent to the arrest of Wright the Defendants had threatened Torres and threatened to terminate Torres' employment. As a result of the hostile work environment created by Defendants, Torres has incurred injuries of, without prejudice or limitation, emotional distress, pain and suffering, embarrassment and humiliation. WHEREFORE, Plaintiff, SHANNON HYMAN TORRES, demands judgment be entered against Defendants, LORENE WRIGHT, and BOROUGH OF KEYPORT, for an award of compensatory damages, consequential damages, punitive damages and attorney's fees and costs, and any other relief the court deems equitable and just. THIRD COUNT 1. Plaintiffs repeat and reallege each and every allegation of the First and Second Counts of the Complaint as if fully set forth at length herein. 2. Torres had reported Wright's assault, arrest and violent conduct to Torres' supervisor(s). 4

5 3. After Torres was assaulted, she was subject to harassment, 'intimidation and retaliation by Wright and other '.employees, agents and representatives of the Borough of Keyport. 4. Without limitation, Torres was due extra pay for her services as a Sargeant. 5. -Defendants have failed and refused to timely pay Torres the compensation she is due and owing. Wright made multiple and various public and open threats of retaliation toward Torres including but not limited to Wright flicking lit cigarettes at Torres. 7. Wright made.multiple and various public and open threats o terminate Torres' employment. 8. After the incident of assault and arrest, Torres was subject to an internal affairs investigation, and Wright was not, 9. The conduct, activities and inactivity of the Defendants towards Torres after the incident of assault and arrest was retaliation against Torres by the Defendants. 10. Defendants' actions, conduct and failure to act is a violation of the Conscientious Employee. Protection Act, N.J.S.A. 34:19-1, et seq. 11. As a result of the Defendants' violation of N.J.S.A. 34:19-1 et seq. Torres has, without limitation, suffered 5

6 injuries of emotional distress, pain and suffering, embarrassment and humiliation and incurred damages. WHEREFORE, Plaintiff, SHARON HYMAN TORRES demands judgment against the Defendants, LORENE WRIGHT and BOROUGH OF KEYPORT, for compensatory, consequential, incidental, exemplary and punitive damages and an award of civil fines, attorney's fees and costs of suit, and other relief the court may deem equitable and just. FOURTH COUNT. 1. Plaintiffs repeat and reallege each and every allegation of the First through Third Counts of the Complaint as if fully set forth at length herein. 2. At the time of Wright's assault upon Torres, Plaintiff Rendina was present and witnessed the assault by Wright. 3. Plaintiff Rendina was involved with the arrest of Wright. 4. Plaintiff Rendina has subsequently supported Torres in her claim of assault against Wright. 5. Following the incident, Wright and the Borough of Keyport created a hostile work environment for Rendina and had retaliated against Rendina for fulfilling his job responsibilities and duties. 6. Defendants had, without limitation, failed and refused to pay Rendina earned income through his employment, and 6

7 a permitted Wright to confront Rendina and threaten Rendina, including flicking lit cigarettes at Rendina. 7. Defendants made open and public threats against Rendina including threats to terminate Rendina's employment. 8. As a result of Defendants creating a hostile work environment for Rendina, Rendina has suffered injuries of emotional distress, pain and suffering, embarrassment and humiliation and incurred damages. 9. On or about March 5, 2013 Rendina filed. Tort Claim, see Exhibit A hereto. Notice of WHEREFORE, Plaintiff, JOSEPH M. RENDINA, demands judgment be entered against Defendants, LORENE WRIGHT and BOROUGH OF KEYPORT, for an award of compensatory damages, consequential damages, punitive damages and attorney's fees and costs, and any other relief the court deems equitable and just. FIFTH COUNT 1. Plaintiffs repeat and reallege each and every allegation of the First through Fourth Counts of the Complaint as if fully set forth at length herein. 2. Rendina witnessed Wright's assault of Torres. 3. Rendina had reported Wright's assault and violent conduct to his supervisor. 7

8 4. After Rendina reported the assault, he was subject to harassment, intimidation and retaliation by Wright and other employees, agents and representatives of the Borough of Keyport. 5. Without limitation, Rendina was due extra. pay for his work as a Detective. 6. Defendants had failed and refused to timely pay Rendina the compensation he is due and owing. 7. Wright made multiple and various threats of retaliation toward Rendina including threats to terminate Rendina's employment. 8. Wright made various threats to Rendina including flicking lit cigarettes at him. 9. Rendina was subjected to an internal affairs investigation, and Wright was not. 10. The conduct, actions and inactions of the Defendants towards Rendina after the arrest of Wright was retaliation against Rendina by Defendants. 11. Defendants' actions, conduct and failure to act is a violation of the Conscientious Employee Protection Act, N.J.S.A. 34:19-1, et seq. 12. As a result of Defendants' violation of N.J.S.A. 34:19-1 et seq., Rendina has, without limitation, suffered injuries of emotional distress, pain and suffering, embarrassment and humiliation. 8

9 WHEREFORE, Plaintiff, JOSEPH M. RENDINA, demands judgment against the Defendants, LORENE WRIGHT and BOROUGH OF KEYPORT, for compensatory, consequential, incidental, exemplary and punitive damages and an award of civil fines, attorney's fees and costs of suit, and other relief the court may deem equitable and just. SIXTH COUNT 1. Plaintiffs repeat and reallege each and every allegation of the First through Fifth Counts of the Complaint as if fully set forth at length herein. 2. At the time of Wright's assault upon Torres, Plaintiff Aumack was present and witnessed the assault by Wright. 3. Plaintiff Aumack was involved with the arrest of Wright. 4. Plaintiff Aumack has subsequently supported Torres in her claim of assault against Wright. 5. Following the incident of assault and arrest, Defendants created a hostile work environment for Aumack and had harassed and retaliated against Aumack for fulfilling his job responsibilities and legal duties. 6. Defendants had, without limitation, failed to and refused to pay Aumack earned income through his employment, and permitted Wright to continue to confront Aumack, including but not limited to Wright flicking lit cigarettes at Aumack. 9

10 7. Subsequent to the arrest of Wright, the Defendants threatened Aumack and threatened to terminate his employment. 8.. As a result of Defendants creating a hostile work environment for Aumack and harassing Aumack, Aumack has incurred - injuries of emotional distress, pain and suffering, embarrassment and humiliation. 9. On or about March 5, 2013,. Aumack filed a Notice of Tort Claim, see Exhibit A hereto. WHEREFORE, Plaintiff, ROBERT L. AUMACK, demands judgment be entered against Defendant, LORENE WRIGHT and BOROUGH OF KEYPORT, for an award of compensatory damages, consequential damages, punitive damages and attorney's fees and costs, and any other relief the court deems equitable and just. SEVENTH COUNT 1. Plaintiffs repeat and reallege each and every allegation of the First through Sixth Counts of the Complaint as if fully set forth at length herein. 2. Aumack had reported Wright's assault and, violent conduct to his supervisor. 3. After Aumack reported' the assault, he was subject to harassment and retaliation by Wright and other employees, agents and representatives of the Borough of Keyport. 4. Aumack was due extra pay for his work as a Police Officer. 10

11 ..., 5. Defendants have failed and refused to pay Aumack the compensation he is due and owing. 6. Wright made multiple and various threats of retaliation toward Aumack, including but not limited to flicking lit cigarettes at him. 7. Wright made multiple and various public and open threats to terminate Aumack's employment. 8. Aumack was subject to an internal affairs investigation, and Wright was not. 9. The conduct, statements, actions and inactions of the Defendants toward Aumack after the arrest of Wright was retaliation against Aumack by the Defendants. 10. Defendant's actions, conduct and failure to act is a violation of the Conscientious Employee Protection Act, N.J.S.A. 34:19-1, et seq. 11. As a result of Defendants' violation of N.J.S.A. 34:19-1 et seq., Aumack has, without limitation, suffered injuries of emotional distress, pain and suffering, embarrassment and humiliation. WHEREFORE, Plaintiff, ROBERT L. AUMACK, demands judgment against the Defendants, LORENE WRIGHT and BOROUGH OF KEYPORT, for compensatory, consequential, incidental, exemplary and punitive damages and an award of civil fines, attorney's fees 11

12 and costs of suit, and other relief the court may deem equitable and just. EIGHTH COUNT 1. Defendants repeat and reallege each and every allegation of the First through Seventh Counts of the Complaint as if set forth at length herein. 2. At all times referenced herein, Defendant Wright was an employee, representative and agent of the Defendant, Borough of Keyport. 3. At all times referenced herein, the actions, conduct and statements of Wright occurred or were made while Defendant Wright was working for the Defendant, Borough of Keyport. 4. All of Wright's actions, statements and conduct were committed by Wright within her job duties and scope, employment with the Borough of Keyport. of her 5. As a result pursuant to the doctrine of vicarious liability and respondeat superior Defendant Borough of Keyport is liable to Plaintiffs for the actions, statements and conduct of Wright. 6. Defendant Borough of Keyport is liable to each of the Plaintiffs for injuries suffered, damages incurred and the liability for the actions, statements and conduct of Defendant Lorene Wright and other employees, agents and representatives of the Borough of Keyport. 12

13 WHEREFORE, Plaintiff, ROBERT AUMACK, demands judgment against the Defendants, LORENE WRIGHT and BOROUGH OF KEYPORT, for compensatory, consequential, incidental, exemplary and Punitive damages and an award of civil fines, attorney's fees and costs of suit, and other relief the court may deem equitable and.just. - DEMAND FOR TRIAL BY JURY PLEASE TAKE NOTICE, that Plaintiffs demand a trial of the issues by a jury of six. CERTIFICATION PURSUANT TO R. 4:5-1 The undersigned hereby certifies that this matter is not the. subject of any other action pending in any court or arbitration proceeding, and no other action or arbitration proceeding is contemplated. The undersigned hereby certifies that he knows of no other parties who should be joining in the action at this time. LOMURRO, DAVISON, EASTMAN & MUNOZ, P.A. Attorneys for Plaintiffs, SHANNON HYMAN TORRES, JOSEPH M. RENDINA and ROBERT L. AUMACK By: Dated:, 90(3 13

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15 LOMURRO, DAVISON, EASTMAN & MUNOZ, P.A. 100 WILLOWBROOK ROAD, BLDG. 1 FREEHOLD, NJ (732) Attorney for Claimant Shannon Hyman NOTICE OF CLAIM TO: Clerk, Borough of Keyport 70 West-Front Street Keyport,' NJ PLEASE.TAKE NOTICE that, pursuant to NJSA 59:8-4 et seq. a claim is hereby made against the Borough of Keyport as follows: a: Claimant; Shannon Hyman b. Notices to be sent to: Loryn. M. Lawson, Esq., Lomurro, Davison, Eastman & Munoz, P.A., 100 Willow Brook Road, Bldg. 1, Freehold, NJ c. Occurrence: On December 10, 2012, claimant, Det. Shannon Hyman was assaulted by the Borough Administrator Lorene Wright following a motor vehicle incident in which said Administrator hit Det. Hyman's vehicle. As a result of the Administrator's assault she was charged with various criminal offenses. Following said incident, the Administrator has created a hostile work environment for Detective Hyman and has retaliated against Detective Hyman for fulfilling her job and legal duties; and the Borough of Keyport has allowed said conditions to exist. Further aspects of the claim are still under investigation. d. Injuries: Emotional distress, pain and suffering, embarrassment, and humiliation. Additional injuries to be determined and they are of an on-going, continuous nature. e. Entities: Clerk, Borough of Keyport. f. Amount of claim: 'Unliquidated damages Kindly forward promptly to my attention any:claim forms which you require to be completed.

16 Dated: March 6, 2013 cc: Detective Shannon Hyman

17 LOMURRO, DAVISON, EASTMAN & MUNOZ, P.A. 100 WILLOWBROOK ROAD, BLDG. 1 FREEHOLD, NJ (732) Attorney for Claimant Joseph M. Rendina NOTICE OF CLAIM TO: Clerk, Borough of Keyport 70 West Front Street Keyport, NJ PLEASE TAKE NOTICE that, pursuant to NJSA 59:8-4 et seq. a claim is hereby made against the Borough of Keyport as follows: a. Claimant: Joseph M. Rendina b. Notices to be sent to: Loryn M. Lawson, Esq., Lomurro, Davison, EaStman & Munoz, P.A., 100 Willow Brook Road, Bldg. 1, Freehold, NJ c. Occurrence: On December 10, 2012, claimant, Det. Joseph M.. Rendina witnessed the Borough Administrator Lorene 'Wright assault Det. Shannon Hyman and was involved with the Administrator's arrest in connection with same. As a result of the Administrator's assault she was charged with various criminal offenses. Following said incident, the Administrator has created a hostile work environment for Detective Rendina and has retaliated against Detective Rendina for fulfilling his job and legal duties; and the Borough of Keyport has allowed said conditions to exist. Further aspects of the claim are still under investigation. d. Injuries: Emotional distress, pain and suffering, embarrassment, and humiliation. Additional _injuries to be determined and they are of an on-going, continuous nature. e. Entities: Clerk, Borough of Keyport. f. Amount of claim: Unliquidated damages

18 Kindly forward promptly to my attention any claim forms which you require to be completed. Dated: March 6, 2013 cc: Detective Joseph Rendina

19 LOMURRO, DAVISON, EASTMAN & MUNOZ, P.A. 100 WILLOWBROOK ROAD, BLDG. 1 FREEHOLD, NJ (732) Attorney for Claimant Robert L. Aumack NOTICE OF CLAIM TO: Clerk, Borough of Keyport 70 West Front Street Keyport, NJ PLEASE TAKE NOTICE that, pursuant to NJSA 59:8-4 et seq. a claim is hereby made against the Borough of Keyport as follows: a. Claimant: Robert L. Aumack b. Notices to be sent to: Loryn M. Lawson, Esq., Lomurro,,Davison, Eastman & Munoz, P.A., 100 Willow Brook Road, Bldg. 1, Freehold, NJ c. Occurrence: On December 10, 2012, claimant, claimant Robert L. Aumack witnessed the Borough Administrator Lorene Wright assault Det. Shannon Hyman and was involved with the AdMinistrator's arrest in connection with same. As a result of the Administrator's assault she was charged with various criminal offenses. Following said incident, the Administrator has created a hostile work environment for claimant lcurfack airci has retaliated against him for fulfilling his job and legal duties; and the Borough of Keyport has allowed said conditions to exist. Further aspects of the claim are still under investigation. d. Injuries: Emotional distress, pain and suffering, embarrassment, and humiliation. Additional ' injuries to be determined and they are of an on-going, continuous nature. e. Entities: Clerk, Borough of Keyport. f. Amount of claim: Unliquidated damages

20 Kindly forward promptly to my attention any claim forms which you require to be completed. Dated: March 6, 2013 cc: Robert Aumack

21 SETTLEMENT AGREEMENT, GENERAL RELEASE AND WAIVER PARTIES THIS SETTLEMENT AGREEMENT, GENERAL RELEASE AND WAIVER (hereinafter referred to as "Agreement") made this day of, 2015, by and among the Borough of Keyport ("Keyport") with offices located at 70 West Front Street, Keyport, New Jersey and Lorene Wright ("Wright"), residing at (hereinafter collectively "Defendants"), and Shannon Hyman Torres, residing at 13 Gerald Terrace, Hazlet, New Jersey (hereinafter referred to as "Torres" or "Plaintiff'). WITNESSETH WHEREAS, Torres commenced a lawsuit in the Superior Court of New Jersey against the Defendants under the action captioned Shannon Hyman Tones, Joseph M. Rendina and Robert L. Aumack v. Lorene Wright and the Borough of Keyport, Superior Court of New Jersey, Law Division, Monmouth County, Docket No. L (the "Lawsuit"); and WHEREAS, Tones has made various allegations against Keyport and Wright and the Defendants having denied such allegations; and WHEREAS, the allegations have resulted in the filing of the aforementioned Lawsuit; and WHEREAS, the parties have agreed to settle the claims included in the Lawsuit, and desire and intend to memorialize such settlement by entering into and executing this Settlement Agreement, General Release and Waiver;

22 NOW, THEREFORE, in consideration of the mutual promises and agreements set forth herein, the parties agree as follows: 1. Dismissal of Claims. Torres shall dismiss, with prejudice, in their entirety, any and all claims against Keyport and/or any of the past or present officials, employees, departments, agents, servants, or representatives of Keyport, individually and in their official capacities, as well as all such claims against Lorene Wright in her professional and individual capacity, jointly and severally. 2. Release and Discharge, This Agreement shall constitute a full and final release and discharge (the "Release") of any and all claims, rights or causes of action, whether known or unknown, Tones may have against Keyport and Wright, including but not limited to any department or parent of Keyport, any past or present officer or employee of Keyport, and any of Keyport's agents, employees or servants, individually or in their joint official capacity, and shall further release any and all claims, rights or causes of action, whether known or unknown, Torres may have against XL Insurance Company and its parent, subsidiaries, agents, servants or representatives (individually and collectively the "Releasees"). The Release shall apply to any and all claims, rights, demands, causes of action, obligations, damages, expenses, compensation, or action of any kind, nature, character or description that Tones had or could have raised against Releasees, including those Torres may not be aware of and those not mentioned in this Agreement including, but not limited to, any and all claims arising from or relating in any way to Torres's employment with Keyport, and/or participation in and/or the termination thereof, any employee benefits, compensation or other terms of employment, arising from or relating in any way to the claims that were or could have brought in the matter now pending in the Superior Court of New Jersey entitled Shannon Hyman Tones, Joseph M. Rendina and Robert 1. Aumack 2

23 v. Lorene Wright and the Borough of Keyport, filed in the Superior Court of New Jersey, Law Division, Monmouth County under Docket No. L The Release includes, but is not limited to, any claim, demand, cause of action, obligation, damage, complaint, expense, compensation, or action of any kind, nature, character, or description, whatsoever, arising out of or under any. Federal, State, or municipal statute, ordinance or other law (whether common law, decisional law, or statute), rule, regulation, contract, collective bargaining agreement, executive order, or policy, including but not limited to any claim for attorneys' fees and costs; any claim in tort, such as failure to promote, retaliatory failure to hire, failure to accommodate, violation of public policy, for emotional distress, defamation, slander, libel or false imprisonment; in contract, whether express or implied; under any Keyport policy, procedure or benefit plan; for attorney's fees, back pay or front pay or unpaid wages of any kind; and under any federal, state or local law or ordinance, including, but not limited to, the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. 621 et seq. ("ADEA"); Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C et seq. ("Title VII"); the Reconstruction Era Civil Rights Act, as amended, 42 U.S.C et seq. ("Civil Rights Act"); the Civil Rights Act of 1991, as amended 42 U.S.C et seq. ("CRA of 1991"); the Older Workers Benefit Protection Act, 29 U.S.C , ("OWBPA"); the Americans With Disabilities Act, 42 U.S. Code , ("ADA"); Employee Retirement Security Act of 1974, 29 U.S. Code Chapter 18 ("ERISA"); the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq. ("LAD"); the New Jersey Family Leave Act, N.J.S.A. 34:11B-1 et seq. ("FLA"); the federal Family Medical Leave Act, 29 U.S.C. sec. 2601; 29 CFR 825 ("FMLA"); the New Jersey Conscientious Employee Protection Act, N.J.S.A. 34:19-1 et seq. ("CEPA"); the Pregnancy Discrimination Act, Workers' Adjustment and Retraining Notification Act 29 U.S.C et seq. ("WARN"); 3

24 the Smoking Rights Law N.J.S.A. 34:6B-1 et seq. ("SRL"); the New Jersey Civil Rights Act, N.J.S.A. 10:6-1 et seq. ("NJCRA"), New Jersey Wage and Hour Law; N.J.S.A. 34:11-56a, et. seq.("njwhl") and New Jersey Equal Pay Act, N.J.S.A. 34: et seq. ("NJEPA"); and for harassment, discrimination and retaliation of any kind, or any other possible cause of action arising under any and all other federal, state or local statutes, laws, legal decision, rules and regulations pertaining to employment, as of and prior to the date hereof, as well as any and all claims under state and federal law; as of and prior to the date hereof; and any other Federal, State or local laws, regulations or ordinances, contract, collective bargaining agreement; and any other duty or obligation of any kind or description or for attorneys' fees or costs ("claims"). 3. Lump Sum Payment and Settlement Terms. Within thirty (30) days of: (a) the full execution of this Agreement by the Keyport Borough Council, (b) receipt by Defendant's counsel of a fully executed Stipulation of Dismissal by all parties to this Agreement and (c) approval of this Agreement by formal resolution of the governing body of the Borough of Keyport and delivery of same to the Defendants' attorney, Torres shall be paid the sum of twenty thousand dollars ($20,000.00) as compensation for and in satisfaction of all Claims, legal fees and costs of suit associated with the Lawsuit and there shall be no other payment as a result of the dismissal of any and all Claims. Defendant Keyport agrees that, provided all three (3) Plaintiffs in this action deliver executed copies of their Settlement Agreements to Defendant Keyport in a timely manner, said Agreements and the settlement memorialized therein, will be placed on a council Agenda to be voted on, on or before May 30, The payment shall be delivered to Plaintiff's attorney and made payable to the attorney trust account of Ginarte, O'Dwyer, Gonzalez, Gallardo & Winograd, LLP, the Plaintiff's attorney, and shall be conditioned upon receipt of Federal Tax Form W-9 from said payee. Separate 1099 reporting 4

25 forms will be issued to the Plaintiffs attorney's law film trust account for the amount paid hereunder. 4. Warranty of Capacity to Execute Agreement. Torres represents and warrants that no other person or entity has any interest in the Claims, or in any other demands, obligations, or causes of action referred to in this Agreement, and that she has the sole right and exclusive authority to execute this Agreement and receive the benefits specified. She further represents that she has not sold, assigned, transferred, conveyed or otherwise disposed of any of the Claims, or any other demands, obligations or causes of action referred to in this Agreement. 5. Entire Agreement. This Agreement contains the entire agreement between Tones and the Defendants concerning the matters set forth in this document, and shall be binding upon and inure to the benefit of the parent entity, executors, administrators, personal representatives, heirs, successors and assigns of each. 6. Representation of Comprehension of Document. In executing this Agreement, Tones represents that she has relied upon the legal advice of her attorney, who is the attorney of her own choice, that she has had the full opportunity to review this Agreement with her attorney, and that the terms of this Agreement have been completely read and explained by her attorney, and that those terns are fully understood and voluntarily accepted. 7. No Admission of Liability. It is agreed that in settling this matter, that Wright and Keyport, together with its present and past officials, departments, employees, representatives, servants, and agents, are not admitting to any liability or wrongdoing in any fashion. 8. Tax Implication. Wright and Keyport, its agents, servants, and representatives, make no representations as to the tax consequences or liability arising from any payment made under this Agreement. Moreover, Torres understands that any tax consequences and/or liability 5

26 arising from payment to her in accordance with this Agreement shall be her sole responsibility and obligation and neither Wright, XL Insurance Company or Keyport or its agents, servants or representatives (past or present) shall be held liable for any payment of any taxes on Torres's behalf. Tones agrees that she will pay any and all income tax that may be determined to be due in connection with the payment described above. Since Tones agrees that she is solely responsible for the payment of taxes on any settlement money received under this Agreement, should the Internal Revenue Service, any State or any other taxing agency or tribunal require Wright, Keyport or XL Insurance Company to pay any taxes, fines, penalties, interest or any other cost related to taxes on behalf of Torres with regard to the payment received under this Agreement, Tones agrees to indemnify or reimburse Wright, XL Insurance, or Keyport its agents, servants or representatives for any taxes she is required to pay. 9. Liens. Tones hereby certifies that no liens exist against the proceeds of this settlement, and that if any liens do exist, they will be paid in full, compromised or satisfied and released by Tones prior to receiving payment. If a lien exists which is not satisfied as required by this Agreement, and a claim is made by anyone to enforce that lien, Tones agrees that she will pay that lien in full. This representation is intended to include all liens, including, but not limited to, attorneys' liens, medical provider liens, Medicare and Medicaid liens, workers' compensation liens, all statutory or common law liens, and judgment liens. Tones agrees to indemnify and hold Wright, XL Insurance Company and Keyport, its agents, servants, representatives, harmless in connection with any claim made by reason of liens against or tax obligations associated with the proceeds of this settlement. If a claim is hereafter made against Wright, XL Insurance Company or Keyport, its agents, servants, representatives, by anyone seeking payment of the liens, Tones will indemnify and hold Wright, XL Insurance Company 6

27 and KEYPORT, its agents, servants, representatives, harmless for any such liens and/or defending against such a claim, including, but not limited to, attorneys' fees, costs of suit, and interest. 10. Non-Disparagement and Neutral Job Reference. Plaintiff agrees and covenants that she shall not make any disparaging statement (oral or written), whether direct or implied, about Lorene Wright or Keyport or its employees, officers or officials to any person or entity. In the event that Keyport officials receive an inquiry regarding Tones's employment relationship with Keyport they will confirm to such inquirer only the following information: Torres' employment position(s) with Keyport, the dates each employment position was held, and the rate of pay earned for each position. Similarly, Lorene Wright and any member of the governing body at the date of this Agreement agrees and covenants that he or she shall not make any disparaging statement (oral or written) regarding any of the allegations raised in the lawsuit, whether direct or implied, about Tones to any person or entity. 11. Confidentiality. Except as otherwise required by law, the Willis of this Agreement are confidential. The facts, amounts, circumstances and documents underlying this resolution shall not be admissible in any litigation or proceeding in any forum for any purpose other than to secure enforcement of the terms and conditions of this Agreement. s Torres agrees that she shall not disclose to any third party (other than tax advisors, retained counsel and immediate family ("Representatives") any details regarding the settlement of this matter or this Agreement and that any such third party to whom disclosure is peintitted shall likewise be bound to non-disclosure. Neither Torres nor her Representatives shall communicate with the media, members of the media or any other non-party regarding this litigation or the fact that a settlement has been reached. In response to any inquiries by third parties, Tones and her 7

28 Representatives may not state anything more than "the matter has been resolved." Torres represents that she has not violated this provision as of the date of execution of this Agreement. 12. Enforcement of Agreement. Torres agrees and covenants, as a condition of Defendant's performance of its obligations under this Agreement, that any violation of the nondisclosure obligations set forth in this Agreement, including, but not limited to, disclosure by counsel, tax advisors or family members, may cause irreparable harm to Defendants which shall entitle them to seek monetary damages, and whatever other remedies are available to them, including, but not limited to injunctive relief and return of the settlement proceeds and for breach of the nondisclosure obligations set forth herein. 13. Stipulation of Dismissal. The parties agree that only the Stipulation of Dismissal with Prejudice, and not this Agreement, will be filed with the Court. Torres acknowledges that she has been afforded ample opportunity to consult with independent legal counsel of her own choice throughout all of the negotiations that preceded the execution of this Agreement. 14. Other Actions or Claims Torres represents that she has not personally filed any actions or claims against any of the Defendants other than the Complaint referred to in Paragraph 2 hereof. 15. Indemnification. In the event Torres recovers any monies from any person who thereafter seeks indemnification from Wright, Keyport, its agents, servants, representatives, or XL Insurance Company, arising from claims identical herein, Torres shall indemnify and hold Wright, XL Insurance Company and Keyport, its agents, servants, representatives, harmless for defending against these claims, including, but not limited to, attorneys' fees, and costs of suit, judgment or settlement. 8

29 16. Modification. This Agreement may not be modified except by an agreement in writing executed by the parties hereto. 17. Governing Law. This Agreement shall be governed in all respects, including validity, interpretation, and effect by the laws of the State of New Jersey without giving effect to the conflicts of laws principle thereof. 18. Revocation. Torres may revoke this Agreement within seven (7) days after the date this Agreement is signed by her. This revocation must take the form of written notice by Torres that she intends to revoke this Agreement. This revocation must be provided directly to The Borough of Keyport, c/o Mitchell B. Jacobs, Esq., Cleary Giacobbe Alfieri Jacobs, LLC, 5 Ravine Drive, Matawan, New Jersey Plaintiff may not waive this seven (7) day revocation period. 19. Reasonable Period of Time. Plaintiff agrees that she has been given a reasonable period of time of at least twenty-one (21) days within which to review and consider this Agreement prior to executing this Agreement, but that she may waive this twenty-one (21) day period by signing in the space provided at the end of this Agreement. 20. Date of Agreement. This Agreement shall be dated as of the date it is last signed by any of the parties to the Agreement, which date shall be incorporated on the face page. 9

30 I hereby sign this Agreement in order to agree to the c"srllissal of claims, with prejudice, and release, waive and discharge provisions as they may apply, as set forth in this Settlement Agreement, General Release and Waiver, it being my intention to release and discharge any and all claims I may have in and to the matters in dispute which are referenced in the Agreement. Dated: (1 1.5 ANJULI R I :Y PUBLIC OF k 'Won EVra: The Borough of Keyport By: Dt`ii Dated:?,,e) 14j. ' Witness VALA._:TVIC Dated: Dated: Dated: 1 0

31 SETTLEMENT AGREEMENT, GENERAL RELEASE AND WAIVER PARTIES THIS SETTLEMENT AGREEMENT, GENERAL. RELEASE AND WAIVER (hereinafter referred to as "Agreement") made this day of, 2015, by and among the Borough of Keyport ("Keyport") with offices located at 70 West Front Street, Keyport, New Jersey and Lorene Wright ("Wright"), residing at (hereinafter collectively "Defendants"), and Robert L. Aumack, residing at 67 West Front Street, Keyport, New Jersey (hereinafter referred to as "Aumack" or "Plaintiff"). WITNESSETH WHEREAS, Aumack commenced a lawsuit in the Superior Court of New Jersey against the Defendants under the action captioned Shannon Hyman Torres, Joseph M. Rendina and Robert L. Aumack v. Lorene Wright and the Borough of Keyport, Superior Court of New Jersey, Law Division, Monmouth County, Docket No. L (the "Lawsuit"); and WHEREAS, Aumack has made various allegations against Keyport and Wright and the Defendants having denied such allegations; and WHEREAS, the allegations have resulted in the filing of the aforementioned Lawsuit; and WHEREAS, the parties have agreed to settle the claims included in the Lawsuit, and desire and intend to memorialize such settlement by entering into and executing this Settlement Agreement, General Release and Waiver;

32 NOW, THEREFORE, in consideration of the mutual promises and agreements set forth herein, the parties agree as follows: 1. Dismissal of Claims. Aumack shall dismiss, with prejudice, in their entirety, any and all claims against Keyport and/or any of the past or present officials, employees, departments, agents, servants, or representatives of Keyport, individually and in their official capacities, as well as all such claims against Lorene Wright in her professional and individual capacity, jointly and severally. 2. Release and Discharge, This Agreement Snail constitute a full and final release and discharge (the "Release") of any and all claims, rights or causes of action, whether known or unknown, Aumack may have against Keyport and Wright, including but not limited to any department or parent of Keyport, any past or present officer or employee of Keyport, and any of Keyport's agents, employees or servants, individually or in their joint official capacity, and shall further release any and all claims, rights or causes of action, whether known or unknown, Aumack may have against XL Insurance Company and its parent, subsidiaries, agents, servants, or representatives (individually and collectively the "Releasees"). The Release shall apply to any and all claims, rights, demands, causes of action, obligations, damages, expenses, compensation, or action of any kind, nature, character or description, that Aumack had or could have raised against Releasees, including those Aumack may not be aware of and those not mentioned in this Agreement including, but not limited to, any and all claims arising from or relating in any way to Aumack's employment with Keyport, and/or participation in and/or the termination thereof, any employee benefits, compensation or other terms of employment, arising from or relating in any way to the claims that were or could have brought in the matter now pending in the Superior Court of New Jersey entitled Shannon Hyman Torres, Joseph M. Rendina 2

33 and Robert L. Aumack v. Lorene Wright and the Borough of Keyport, filed in the Superior Court of New Jersey, Law Division, Monmouth County under Docket No. L The Release includes, but is not limited to, any claim, demand, cause of action, obligation, damage, complaint, expense, compensation, or action of any kind, nature, character, or description, whatsoever, arising out of or under any Federal, State, or municipal statute, ordinance or other law (whether common law, decisional law, or statute), rule, regulation, contract, collective bargaining agreement, executive order, or policy, including but not limited to any claim for attorneys' fees and costs; any claim in tort, such as failure to promote, retaliatory failure to hire, failure to accommodate, violation of public policy, for emotional distress, defamation, slander, libel or false imprisonment; in contract, whether express or implied; under any Keyport policy, procedure or benefit plan; for attorney's fees, back pay or front pay or unpaid wages of any kind; and under any federal, state or local law or ordinance, including, but not limited to, the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. 621 et seq. ("ADEA"); Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C et seq. ("Title VII"); the Reconstruction Era Civil Rights Act, as amended, 42 U.S.C et seq. ("Civil Rights Act"); the Civil Rights Act of 1991, as amended 42 U.S.C et seq. ("CRA of 1991"); the Older Workers Benefit Protection Act, 29 U.S.C , ("OWBPA"); the Americans With Disabilities Act, 42 U.S. Code , ("ADA"); Employee Retirement Security Act of 1974, 29 U.S. Code Chapter 18 ("ERISA"); the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq. ("LAD"); the New Jersey Family Leave Act, N.J.S.A. 34:11B-1 et seq. ("FLA"); the federal Family Medical Leave Act; 29 U.S.C. sec. 2601; 29 CFR 825 ("FMLA"); the New Jersey Conscientious Employee Protection Act, N.J.S.A. 34:19-1 et seq. ("CEPA"); the Pregnancy Discrimination Act, Workers' Adjustment and

34 Retraining Notification Act 29 U.S.C et seq. ("WARN"); the Smoking Rights Law N.J.S.A. 34:6B-1 et seq. ("SRL"); the New Jersey Civil Rights Act, N.J.S.A. 10:6-1 et seq. ("NJCRA"), New Jersey Wage and Hour Law; N.J.S.A. 34:11-56a, et. seq.("njwhl") and New Jersey Equal Pay Act, N.J.S.A. 34: et seq. ("NJEPA"); and for harassment, discrimination and retaliation of any kind, or any other possible cause of action arising under any and all other federal, state or local statutes, laws, legal decision, rules and regulations pertaining to employment, as of and prior to the date hereof, as well as any and all claims under state and federal law; as of and prior to the date hereof; and any other Federal, State or local laws, regulations or ordinances, contract, collective bargaining agreement; and any other duty or obligation of any kind or description or for attorneys' fees or costs ("claims"). 1 Lump Sum Payment and Settlement Terms. Within thirty (30) days of (a) the full execution of this Agreement by the Keyport Borough Council, (b) receipt by Defendant's counsel of a fully executed Stipulation of Dismissal by all parties to this Agreement and (c) approval of this Agreement by formal resolution of the governing body of the Borough of Keyport and delivery of same to the Defendants' attorney, Aumack shall be paid the sum of ten thousand dollars ($10,000.00) as compensation for and in satisfaction of all Claims, legal fees and costs of suit associated with the Lawsuit and there shall be no other payment as a result of the dismissal of any and all Claims. Defendant Keyport agrees that, provided all three (3) Plaintiffs in this action deliver executed copies of their Settlement Agreements to Defendant Keyport in a timely manner, said Agreements and the settlement memorialized therein, will be placed on a council Agenda to be voted on, on or before May 30, The payment shall be delivered to Plaintiff's attorney and made payable to the attorney trust account of Ginarte, O'Dwyer, Gonzalez, Gallardo & Winograd, LLP, the Plaintiff's attorney, and shall be conditioned upon 4

35 conditioned upon receipt of Federal Tax Form W-9 from said payee. Separate 1099 reporting forms will be issued to the Plaintiff's attorney's law firm trust account for the amount paid hereunder. 4. Warranty of Capacity to Execute Agreement. Aumack represents and warrants that no other person or entity has any interest in the Claims, or in any other demands, obligations, or causes of action referred to in this Agreement, and that he has the sole right and exclusive authority to execute this Agreement and receive the benefits specified. He further represents that lie has not sold, assigned, transferred, conveyed or otherwise disposed of any of the Claims, or any other demands, obligations or causes of action referred to in this Agreement. 5. Entire Agreement, This Agreement contains the entire agreement between Aumack and the Defendants concerning the matters set forth in this document, and shall be binding upon and inure to the benefit of the parent entity, executors, administrators, personal representatives, heirs, successors and assigns of each. 6. Representation of Comprehension of Document. In executing this Agreement, Aumack represents that he has relied upon the legal advice of his attorney, who is the attorney of his own choice, that he has had the full opportunity to review this Agreement with his attorney, and that the terms of this Agreement have been completely read and explained by his attorney, and that those terms are fully understood and voluntarily accepted. 7. No Admission of Liability. It is agreed that in settling this matter, that Wright and Keyport, together with its present and past officials, departments, employees, representatives, servants, and agents, are not admitting to any liability or wrongdoing in any fashion. 8. Tax Implication. Wright and Keyport, its agents, servants, and representatives, make no representations as to the tax consequences or liability arising from any payment made 5

36 under this Agreement. Moreover, Aumack understands that any tax consequences and/or liability arising from payment to him in accordance with this Agreement shall be his sole responsibility and obligation and neither Wright, XL Insurance Company or Keyport or its agents, servants or representatives (past or present) shall be held liable for any payment of any taxes on Aumack's behalf. Aumack agrees that he will pay any and all income tax that may be determined to be due in connection with the payment described above. Since Aumack agrees that he is solely responsible for the payment of taxes on any settlement money received under this Agreement, should the Internal Revenue Service, any State or any other taxing agency or tribunal require Wright, Keyport or XL Insurance Company to pay any taxes, fines, penalties, interest or any other cost related to taxes on behalf of Aumack with regard to the payment received under this Agreement, Aumack agrees to indemnify or reimburse Wright, XL Insurance, or Keyport its agents, servants or representatives for any taxes he is required to pay. 9. Liens. Aumack hereby certifies that no liens exist against the proceeds of this settlement,' and that if any liens do exist, they will be paid in full, compromised or satisfied and released by Aumack prior to receiving payment. If a lien exists which is not satisfied as required by this Agreement, and a claim is made by anyone to enforce that lien, Aumack agrees that he will pay that lien in full. This representation is intended to include all liens, including, but not limited to, attorneys' liens, medical provider liens, Medicare and Medicaid liens, workers' compensation liens, all statutory or common law liens, and judgment liens. Aumack agrees to indemnify and hold Wright, XL Insurance Company and Keyport, its agents, servants, representatives, harmless in connection with any claim made by reason of liens against or tax obligations associated with the proceeds of this settlement. If a claim is hereafter made against Wright, XL Insurance Company or Keyport, its agents, servants, representatives, by anyone 6

37 seeking payment of the liens, Aumack will indemnify and hold Wright, XL Insurance Company and KEYPORT, its agents, servants, representatives, harmless for any such liens and/or defending against such a claim, including, but not limited to, attorneys' fees, costs of suit, and interest. 10. Non-Disparagement and Neutral Job Reference. Plaintiff agrees and covenants that he shall not make any disparaging statement (oral or written), whether direct or implied, about Lorene Wright or Keyport or its employees, officers or officials to any person or entity. In the event that Keyport officials receive an inquiry regarding Aumack's employment relationship with Keyport they will confirm to such inquirer only the following information: Aumack's employment position(s) with Keyport, the dates each employment position was held, and the rate of pay earned for each position. Similarly, Lorene Wright and any member of the governing body at the date of this Agreement agrees and covenants that he or she shall not make any disparaging statement (oral or written) regarding any of the allegations raised in the lawsuit, whether direct or implied, about Aumack to any person or entity. 11. Confidentiality. Except as otherwise required by law, the terms of this Agreement are confidential. The facts, amounts, circumstances and documents underlying this resolution shall not be admissible in any litigation or proceeding in any forum for any purpose other than to secure enforcement of the terms and conditions of this Agreement. Aumack agrees that he shall not disclose to any third party (other than tax advisors, retained counsel and immediate family ("Representatives") any details regarding the settlement of this matter or this Agreement and that any such third party to whom disclosure is permitted shall likewise be bound to non-disclosure. Neither Aumack nor his Representatives shall communicate with the media, members of the media or any other non-party regarding this litigation or the fact. that a 7