County, New Jersey that operates under the Mayor-Council Rhin of government under the

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1 LAW OFFICES OF DAMIAN CHRISTIAN SHAMMAS, LLC 55 Madison Avenue, Suite 320A Morristown, New Jersey Telephone: (973) Facsimile: (973) Attorneys for Plaintiff ROBERT QUINLAN, v. Plaintiff, TOWNSHIP OF HILLSIDE and MAYOR JOSEPH MENZA, individually and in his capacity as Mayor of the Township of Hillside, Defendants. SUPERIOR COURT OF NEW JERSEY LAW DIVISION: UNION COUNTY DOCKET NO: UNN-L CIVIL ACTION SECOND AMENDED COMPLAINT, JURY DEMAND, DESIGNATION OF TRIAL COUNSEL AND CERTIFICATION UNDER RULE 4:5-1 Plaintiff Robert Quinlan ("plaintiff" or "Chief Quinlan"), a resident of Lebanon, New Jersey, complains as follows: THE PARTIES 1. Plaintiff is a resident of the State of New Jersey, residing at 343 Mountain Road, Lebanon, New Jersey. 2. Defendant Township of Hillside ("Township") is a municipality located in Union County, New Jersey that operates under the Mayor-Council Rhin of government under the Faulkner Act.

2 3. Defendant Mayor Joseph Menza ("Mayor Menza") is a resident of the Township of Hillside, State of New Jersey and is the duly elected Mayor of the Township. FACTUAL BACKGROUND 4. Plaintiff is 53 years old and has been a police officer for the Township since 1979_ In 2003, he was appointed to the position of Chief of Police and has served in that capacity since that time. 5. Mayor Menza was elected the Mayor of the Township in 2009 and has held that office since that time. Chief Quinlan Objects to Mayor Menza's Prohibiting Township Department Heads From Attending Township Council Meetings 6. At a late July 2009 meeting with Township department heads, Mayor Menza ordered all department heads to not attend Township Council meetings in either their official or personal capacities unless he granted them permission. 7. Chief Quinlan reported this blatant violation of constitutional rights to the Township Council and the Township Attorney. 8. The Township Council subsequently brought an action to, among other things, enjoin Mayor Menza from preventing department heads from attending Township Council meetings. Chief Quinlan provided a sworn certification in support of the relief that the Township Council was seeking. 9. By Order dated September 30, 2009, the Court enjoined Mayor Menza from preventing any Township officials or employees from attending Township Council meetings without his permission. 2

3 Chief Quinlan Refuses Mayor Menza's Request to Interfere With an Issued Summons 10. On October 31, 2009, Township police officers stopped a "Christie for Governor" sound truck that was operating in the Township without the necessary permit and issued a summons to the driver. 11. Mayor Menza was inside the sound truck along with several other individuals. 12. Several days later, Mayor Menza telephoned Chief Quinlan and protested the issuance of the summons to the driver of the sound truck. 13. Chief Quinlan refused Mayor Menza's invitation to interfere with the issuance of the summons and told Mayor Menza to have the driver who received the summons to handle the matter in court where it was pending. Mayor Menza's Improper Disciplining of Chief Quinlan 14. On November 14, 2009, Mayor Menza telephoned Chief Quinlan at approximately 11:00 p.m. to complain that the son of one of Mayor Menza's supporters had been stopped and frisked by Township police for no reason. 15. Chief Quinlan urged Mayor Menza to not get involved in the situation but rather to have his supporter lodge a complaint pursuant to longstanding procedures. 16. Such a complaint was filed, thoroughly investigated, and resulted in a finding that the Township police had acted in a proper manner. 17. Following a Township Council meeting on the evening of February 23, 2010, the supporter of Mayor Menza who had complained about his son having been stopped and frisked on November 14, 2009 approached Chief Quinlan and demanded an immediate meeting with him. Chief Quinlan denied the individual's request and, in response, the individual became very loud and caused a commotion. 3

4 18. On February 24, 2010, Mayor Menza directed Chief Quinlan to provide him with a report regarding the prior evening's incident involving his supporter. 19. In response to Mayor Menza's request for a report, Chief Quinlan ed Mayor Menza with the factual details regarding the incident and copied the Township Attorney on the e- mail. 20. On the morning of February 25, 2010, Mayor Menza telephoned Chief Quinlan and advised him that his supporter had alleged that Chief Quinlan had threatened him on February By letter dated February 25, 2010, Chief Quinlan responded to Mayor Menza and advised him that the incident had not been reported to the Township Police Department and that Mayor Menza should make an official report of the allegations. Chief Quinlan further advised that since he was the subject of the allegations, Mayor Menza should contact the Union County Prosecutor's Office in order to avoid any allegation or appearance that the Township Police Department had a conflict of interest. Chief Quinlan also explained that the supporter of Mayor Menza could file a complaint in the Township's Municipal Court. Chief Quinlan copied the Township Attorney on his response. 22. By letter dated March 1, 2010, Mayor Menza advised Chief Quinlan that he was issuing him a written warning for insubordination and that the warning letter would be placed in his permanent personnel file. The warning was based upon Chief Quinlan's "question[ing] the propriety of [Mayor Menza's] request and answering] [it] with a short, incomplete and insulting ...." He described Chief Quinlan's February 24, 2010 response as "not only insulting, but baseless and capricious." He further warned that "[s]hould [Chief Quinlan] continue with course of behavior, progressive disciplinary action will be taken against [him]." 4

5 The Bus Stop Incident 23. On the evening of January 26, 2010, Mayor Menza telephoned Chief Quinlan at home and explained that several merchants on Liberty Avenue in the Township, including one of his major campaign supporters, were upset about the relocation of a bus stop on Liberty Avenue that had occurred earlier in the day. The relocation of the bus stop resulted in these merchants losing parking spaces for their customers and the issuance of several summonses to customers of Mayor Menza's supporter. Mayor Menza told Chief Quinlan that someone might be "decapitated" over this. 24. On January 27, 2010, Chief Quinlan investigated the matter. By letter of the same date, Chief Quinlan advised Mayor Menza that he had determined that New Jersey Transit had moved one of the existing signs at the bus stop on January 26. Chief Quinlan explained that the particular bus stop had been in existence for many years, that the bus stop had been improperly marked for several years, and that New Jersey Transit had corrected the deficiency. According to Chief Quinlan, while a few parking spaces were lost as a result of the relocation, the spaces existed only because the bus stop had been improperly marked. 25. As to the summonses that had been issued to Mayor Menza's supporter's customers, Chief Quinlan advised that he would recommend to the Hillside Municipal Court that the summonses be dismissed because the curb had yet to be properly marked to reflect the signage change. 26. Chief Quinlan further advised Mayor Menza that bus stops are regulated by Township ordinance and enforced by the Police Department. He explained to Mayor Menza that if he wanted the bus stop relocated or eliminated he should ask the Township Council to amend its ordinance. 5

6 27. Mayor Menza subsequently requested that the Township Council relocate the bus stop. He also pressured Chief Quinlan to support his proposal to relocate the bus stop. 28. In April 2010, Chief Quinlan addressed the Township Council regarding his opposition to Mayor Menza's proposal to relocate the bus stop. 29. By letter dated April 25, 2010, Chief Quinlan wrote to the Township Council to explain his opposition to the proposed relocation and to share the poor treatment that Mayor Menza had given him for his refusal to support the relocation. This treatment included, but was not limited to, Mayor Menza stating that he would withhold future salary increases, benefits, and other employment rights unless Chief Quinlan supported this and other proposals. 30. By letter dated April 26, 2010, Mayor Menza directed Chief Quinlan to provide him with "any and all written communications, documented conversations (including dates, times and places) and/or any statements made by me regarding the bus stop on liberty and long Ayes." on or before April 29, Chief Quinlan complied with this request. Mayor Menza's Interference With a Traffic Stop and Attempt to Exert Influence 31. On September 18, 2010, Township police officers stopped a motorist who began to object to the actions of the officers. From the scene, the motorist contacted Mayor Menza via cell phone to request his assistance. Moments later, Mayor Menza arrived at the scene while Township police officers were issuing summonses to the motorist and engaged one of the officers about the circumstances of the stop. 32. By letter dated September 22, 2010, Chief Quinlan wrote to Mayor Menza, copying the Township Attorney, and objected to his having interfered with the stop and questioning the actions of police officers while they are in the perforniance of their duties. Chief Quinlan further explained that Mayor Menza's actions violated N.J.S.A. 40A:9-22.5c. 6

7 Mayor Menza's Opposition to Chief Quinlan's Support for the Advancement of African- American Females in the Police Department 33. Effective January 1, 2011, Chief Quinlan assigned an African-American female Township police officer to the position of Acting Sergeant. She was the highest-ranked candidate for the vacant position, which had previously been filled by a white male on an acting basis. Although Mayor Menza had no objection to a white male police officer having been previously assigned to the position, he objected when Chief Quinlan assigned this African- American female police officer to this position. 34. Mayor Menza refused to provide the African-American female police officer with the acting pay to which she was entitled for filling the position and to date refuses to promote her to Sergeant despite her position as the top candidate on the Civil Service roster. 35. On May 26, 2011, Chief Quinlan sent a request to Mayor Menza recommending the promotion of a longtime clerical employee in the Township Police Department. The employee is an African-American female with several disabilities. To date, Mayor Menza has refused to address Chief Quinlan's recommendation of the employee for a promotion. 36. In fact, on one occasion over the last approximately two years, Mayor Menza has stated to Chief Quinlan that the Township Police Department has "enough women." Chief Quinlan's Providing a Certification in Support of the Township Council 37. In February or March 2011, Chief Quinlan provided a sworn certification in support of the Township Council in the matter of Township Council v. Mayor Joseph Menza, Superior Court of New Jersey, Chancery Division, Docket No. C In the certification, Chief Quinlan addressed a number of concerns in connection with Mayor Menza's planned layoff 7

8 of Township police officers. On March 12, 2011, the Court found in favor of the Township Council and against Mayor Menza. The Township Vehicle Incident 38. In March 2011, Mayor Menza contacted Chief Quinlan and reported that the Township's Superintendent of Public Works was at a bar in Linden, New Jersey, that he had a Township vehicle, and was probably drunk. Mayor Menza directed Chief Quinlan to go to Linden to ensure that the Township Superintendent's Township vehicle was taken from him. 39. Chief Quinlan refused Mayor Menza's direction and told him that he should contact the Linden Police Department because the alleged incident was occurring in Linden and thus under that Police Department's jurisdiction. Mayor Menza responded that he would "get" the Township Superintendent "one way or another." The Denial of a Salary Increase to Chief Quinlan 40. As of July 1, 2011, Chief Quinlan was entitled to a contractual salary increase. Mayor Menza withheld the salary increase despite the fact that other Township employees were given their salary increases in a timely manner. 41. Chief Quinlan complained to Mayor Menza, the Township's Acting Chief Financial Officer, and the Township Attorney about being denied the salary increase. Approximately six weeks later, Chief Quinlan finally received the salary increase. Mayor Menza's Targeting of the Township Clerk 42. On August 5, 2011, Mayor Menza contacted Chief Quinlan and advised him that he wanted to file criminal charges of theft against the Township Clerk. According to Mayor Menza, the Township Clerk had acted unlawfully by paying a bill for the Township while she had been assigned as Acting Chief Financial Officer by the Township Council. Mayor Menza 8

9 stated that he would have the New Jersey State Police arrest the Township Clerk if she "set foot" in the Chief Financial Officer's office. Upon investigation of the incident, it was evident that the Township Clerk did not commit any such offense and Chief Quinlan advised Mayor Menza as much. 43. On September 23, 2011, Mayor Menza ordered Chief Quinlan to assign a police officer to the Township Clerk's office to ensure that no documents be shredded in light of the fact that Mayor Menza had contacted the New Jersey Attorney General's Office to investigate the Township Clerk's activities. Chief Quinlan questioned the legality of Mayor Menza's order and immediately reported this incident to the Union County Prosecutor. The Municipal Court Exterior Door Incident 44. On September 28, 2011, Mayor Menza issued a directive to the Township Superintendent of Public Works to pei nanently secure an exterior door of the Municipal Building that leads to the Township Clerk's office and the Township Municipal Court. 45. Mayor Menza attempted to justify this action "in the interest of courtroom security." However, such an action would have violated the Municipal Court Security Plan that had been approved by the Superior Court of the State of New Jersey. 46. In addition, Mayor Menza issued this directive while the Township Municipal Court judge was on bereavement leave and the Township Municipal Court Administrator was on medical leave. 47. Chief Quinlan advised the Township's Superintendent of Public Works that if he complied with Mayor Menza's directive it would cause a breach of the Municipal Court Security Plan. 9

10 48. Chief Quinlan contacted the Township Attorney and expressed his objections to Mayor Menza's directive. He also contacted the Union County Prosecutor, the Union County Assignment Judge, and the Administrative Office of the Courts to advise them about Mayor Menza's directive. been made. 49. Mayor Menza was aware that Chief Quinlan contacted these public bodies. 50. To date, Mayor Menza's requested changes to the subject exterior door have not Mayor Menza's Threats of FBI Investigation and Suspension and Discipline Against Chief Quinlan 51. On October 4, 2011, Mayor Menza requested that Chief Quinlan come to his office and to close the door. Mayor Menza then questioned Chief Quinlan about a memorandum that he had distributed at the Township Attorney's request which addressed the payment of certain Township legal expenses. Chief Quinlan acknowledged that he had distributed the memorandum at the Township Attorney's request, to which Mayor Menza told Chief Quinlan that he had acted improperly. 52. When Chief Quinlan disagreed that he had acted improperly by distributing the memorandum at the Township Attorney's request, Mayor Menza stated that Chief Quinlan would answer to the Federal Bureau of Investigation for his actions and that he would probably be suspended very soon. Chief Quinlan told Mayor Menza that he wanted to consult with an attorney and then excused himself from the meeting. 53. By memo dated October 5, 2011, Mayor Menza advised the Township Council, Township Attorney, and Township Clerk that he had issued disciplinary charges against Chief Quinlan, scheduling a hearing for October 28,

11 54. The Hearing Notice alleged four bases for the disciplinary action: 1) Chief Quinlan's "unauthorized receipt and distribution of a privileged document;" 2) "[a] lack of candor on [Chief Quinlan's] part when questioned as to [his] decision to distribute a confidential memorandum, and more importantly how [Chief Quinlan] received the memorandum initially;" 3) "[i]nsubordination in terms of [Chief Quinlan's] conduct in [Mayor Menza's] office when questioned as to the matter, to wit deciding arbitrarily to just leave [Mayor Menza's] office during [his] initial inquiry into the matter;" and 4) "lack of judgment in distributing the confidential memo containing information adverse to the acting CFO with whom [Chief Quinlan] ha[s] a pending personnel matter." 55. According to the Hearing Notice, Chief Quinlan's conduct violated (4,9) of the Township Code. Mayor Menza's Veto of an Ordinance Establishing an Administrative Assistant in the Police Department 56. On October 12, 2011, Mayor Menza vetoed an ordinance passed by the Township Council that would have established the position of administrative assistant in the Township Police Department despite the fact that he had previously expressed support for this position. Mayor Menza's Threat of Discipline Against Chief Quinlan Over the Removal of Campaign Signs 57. On November 5, 2011, Mayor Menza telephoned Chief Quinlan and threatened him with "serious disciplinary action" as a result of members of the Township Police Department having removed several illegal political campaign signs from various locations in the Township. The signs in question violated a Township ordinance and the Township Attorney had opined that the Township Police Department had the authority to remove them. 11

12 58. Mayor Menza contacted the Union County Prosecutor's Office and several subordinate members of the Township Police Department and attempted to file criminal charges against Chief Quinlan in connection with this incident. 59. Later on November 5, 2011, Mayor Menza ed Chief Quinlan and ordered him to report to his office on November 7, 2011, suggesting that Chief Quinlan bring an attorney with him to the meeting. 60. Chief Quinlan appeared for the meeting on November 7, 2011 with legal counsel and was questioned about the removal of the signs. Mayor Menza stated that no disciplinary action would be taken. Chief Quinlan's Filing of Charges of Discrimination and Retaliation 61. On November 9, 2011, Chief Quinlan submitted infoiniation to the Equal Employment Opportunity Commission alleging discrimination based on his age and retaliation. 62. On December 8, 2011, Chief Quinlan signed a Charge of Discrimination with the Equal Employment Opportunity Commission alleging discrimination and retaliation on the basis of his age. The Charge of Discrimination was dual-filed with the New Jersey Division on Civil Rights. 63. On February 9, 2012, Chief Quinlan withdrew the Charges of Discrimination that he had filed with the Equal Employment Opportunity Commission and the New Jersey Division on Civil Rights. Mayor Menza's Attack on Chief Quinlan for the Issuance of Summonses to His Convoy 64. On November 9, 2011, the Township was holding local elections. That night, a convoy of vehicles was driving through town blowing horns and making excessive noise. The convoy ignored one Township police officer's request that it pull over, and Township police 12

13 officers eventually hailed the convoy down and issued summonses to the drivers. It was discovered that Mayor Menza was a passenger riding in one of the vehicles in the convoy. 65. The next morning, Mayor Menza telephoned Chief Quinlan and berated him and accused him of putting the officers up to stopping the convoy. Plaintiff's Filing of Notices of Tort Claims 66. On November 21, 2011, plaintiff filed three Notices of Tort Claim with the Township alleging various incidents of tortious misconduct against Mayor Menza. Mayor Menza's Hostile Reaction to Chief Quinlan's Placement on Administrative Leave and Investigation of a Police Officer 67. By letter dated December 1, 2011, Chief Quinlan advised Mayor Menza that he had placed a captain in the Township Police Department on administrative paid leave while allegations of misconduct were being actively investigated. 68. Chief Quinlan explained that he had received "credible information" that the subject officer "engaged in several inappropriate communications with members of F.O.P. Lodge 82 in connection with the complaints they filed against [Mayor Menza] and [the Acting Chief Financial Officer of the Township] in municipal court." Chief Quinlan further advised that the matter had been referred to the Union County Prosecutor's Office for further investigation. A copy of the letter was sent to the Union County Prosecutor and the Township Attorney. 69. Later that afternoon, Mayor Menza telephoned Chief Quinlan and objected to Chief Quinlan's actions referenced in the December 1 letter and other matters involving Chief Quinlan's management of the day-to-day operations of the Township Police Department. Mayor Menza berated Chief Quinlan for placing the officer on administrative leave and accused Chief 13

14 Quinlan of "political harassment" and of causing Township police officers to file criminal complaints against Mayor Menza in the Township Municipal Court a couple of weeks ago. 70. Mayor Menza also stated that "even Father Vinnie wouldn't be able to help [Chief Quinlan] if [he] didn't knock it off" 71. By letter dated December 2, 2011, Chief Quinlan responded to Mayor Menza's December 1 threats and objected to Mayor Menza's "continued harassment and threats of disciplinary action against [him] as a result of actions [Chief Quinlan had] taken in the performance of [his] official duties." A copy of the letter was sent to the Township Attorney. 72. By dated January 13, 2012, Chief Quinlan wrote to Mayor Menza, copying the Township Attorney, to advise that the Union County Prosecutor had completed its investigation of the police officer referenced in the December 1, 2011 letter. Chief Quinlan explained that although the Prosecutor's Office had determined that the officer had not engaged in any criminal conduct, Chief Quinlan had learned that Mayor Menza was having direct communications with subordinate members of the Township Police Department about Township business, including the officer who was the subject of the investigation, without Chief Quinlan's knowledge. Chief Quinlan objected to Mayor Menza's failure to respect the chain of command in the Police Department and involvement in the day-to-day operations of the Police Department. Chief Quinlan's Employment Agreement 73. Chief Quinlan's employment with the Township is governed by an Employment Agreement ("Agreement") dated February 11, A true and correct copy of the Agreement is attached hereto as Exhibit A. 74. Article III of the Agreement, entitled "Vacations," provides that: 14

15 The Police Chief shall be entitled to a vacation consisting of thirtyfive (35 working days per year. The Police Chief shall have the right to carry over unused vacation days to the following year or to receive payment for all unused vacation days upon submission of a voucher to the Chief Financial Officer; said compensation to be paid the first pay period of February of the following year. Until July 1, 2009, the Police Chief shall have the option to "bank" up to 15 vacation days per calendar year. The tem'. "bank" as used in this article shall be defined as the deferral of payment for unused vacation days until the date of the Police Chief's retirement. In addition, he shall have the option to be remunerated, upon retirement, for all unused vacation days for the calendar year of his retirement and for all unused vacation days for the calendar year immediately preceding his retirement. In the event that the Police Chief does not utilize some or all of his vacation entitlement, he shall be peimitted to carry over his unused vacation to the next contract year and utilize said days during that year or to receive payment for all unused vacation days at his then current rate of pay during January of that contract year, upon submission of a voucher to the Chief Financial Officer. All monies paid to the Chief of Police for unused vacation days or "banked" vacation days consistent with this article shall not be considered an element of the Chief's final salary for purposes of retirement benefits, subject to the rules and regulations governing the Police and Fireman's Retirement System. 75. Article X of the Agreement, entitled "Personal Days," provides: The Police Chief shall receive five personal days, to be taken during the calendar year. Unused personal days shall not be accumulated and cannot be utilized in subsequent calendar years. Personal days may be used for religious holidays but are not limited to this purpose. The Police Chief shall have the right to be compensated for unused personal days, such compensation to be paid in the second pay period of December or upon retirement. The Township and Mayor Menza's Refusal to Pay Chief Quinlan For His Unused Vacation and Personal Leave Pursuant to His Employment Agreement 76. In or about early January 2010, Chief Quinlan submitted a voucher to the Township for payment of his unused vacation and personal leave days for

16 been asked to relinquish his employment benefits. A copy was sent to the Township Council President. 83. The Township and Mayor Menza continued to refuse to approve payment to Chief Quinlan for the unused vacation and personal leave days for By dated July 30, 2011, Chief Quinlan again requested that the Township issue him payment for the unused vacation and personal leave days for calendar year A copy of the was sent to the Township Attorney. 84. Despite these requests, the Township and Mayor Menza refused to issue payment to Chief Quinlan for the unused vacation and personal leave days for calendar year By letter dated October 31, 2011, Chief Quinlan advised Mayor Menza that he had yet to receive payment for the unused vacation and personal leave days for calendar year 2010 and again requested that the payment be made. The Township Attorney was copied on the letter. 85. On December 2, 2011, Chief Quinlan ed Mayor Menza regarding the status of payment voucher E#5885 that had been submitted to Mayor Menza on October 28, 2011 seeking reimbursement for expenses Chief Quinlan and another Township police officer had incurred at a conference in October Chief Quinlan confirmed that the expenditure was an authorized use of federal forfeiture funds, that he had already advanced the expenses from his own personal funds, and that it had been over a month since the voucher had been submitted. In addition, Chief Quinlan advised again that he had yet to receive payment of unused vacation benefits from calendar year A copy of the was sent to the Township Attorney and to the Township Council President. 17

17 86. On December 9, 2011, Chief Quinlan filed a police report against Mayor Menza and the Acting Chief Financial Officer based on their withholding payment for Chief Quinlan's vacation benefits for calendar year By letter dated December 13, 2011, Chief Quinlan advised the Township Clerk, Township Attorney, and Township Council President that Mayor Menza had refused to pay him for his unused vacation benefits from He further advised that he had filed a Notice of Tort Claim and a police report regarding Mayor Menza's actions. 88. By letter dated January 3, 2012, Chief Quinlan submitted payment voucher #E5894 to Mayor Menza seeking reimbursement for unused vacation and personal leave days for calendar year The total amount of the payment sought is $33, A copy was also provided to the Township Attorney. To date, the Township has not paid Chief Quinlan for these unused benefits. FIRST COUNT (Breach of Contract) 89. Plaintiff repeats and realleges the allegations contained in paragraphs 1 through 88 as if fully set forth at length herein. 90. The Township's failure and refusal to pay Chief Quinlan for his unused vacation and personal leave days for calendar years 2010 and 2011, among other things, constitutes a breach of the Agreement. 91. As a direct and proximate result of the Township's breach of the Agreement, plaintiff has suffered damages. 18

18 WHEREFORE, plaintiff Robert Quinlan demands that judgment be entered in his favor and against the Township of Hillside awarding: A. Compensatory damages; B. Attorneys' fees and costs; C. Interest; and D. Such other and further relief as the Court deems appropriate. SECOND COUNT (Breach of Implied Covenant of Good Faith and Fair Dealing) 92. Plaintiff repeats and realleges the allegations contained in paragraphs 1 through 91 as if fully set forth at length herein. 93. Each and every contract in the State of New Jersey contains an implied covenant of good faith and fair dealing. 94. The Township's failure and refusal to pay Chief Quinlan for his unused vacation and personal leave for calendar years 2010 and 2011, among other things, constitutes a breach of the implied covenant of good faith and fair dealing. 95. These breaches of the implied covenant of good faith and fair dealing have proximately caused Chief Quinlan to sustain damages. WHEREFORE, plaintiff Robert Quinlan demands that judgment be entered in his favor and against the Township of Hillside awarding: A. Compensatory damages; B. Attorneys' fees and costs; C. Interest; and D. Such other and further relief as the Court deems appropriate. 19

19 THIRD COUNT (Violation of Conscientious Employee Protection Act, N.J.S.A. 34:19-1 et seq.) 96. Plaintiff repeats and realleges the allegations contained in paragraphs 1 through 95 as if fully set forth at length herein. 97. At all relevant times herein, plaintiff was an "employee" of the Township pursuant to N.J.S.A. 34:19-2(b). 98. The Township and Mayor Menza are each an "employer" pursuant to N.J.S.A. 34:19-2(a). 99. The Township and Mayor Menza took retaliatory actions pursuant to N.J.S.A. 34:19-2(e) against Chief Quinlan The Township and Mayor Menza have violated N.J.S.A. 34:19-3(a), (b), and/or (c) by taking retaliatory actions against plaintiff for: a) his actions related to the ban on attendance at Township Council meetings (paragraphs 6-9 of this Second Amended Complaint); b) his actions related to Mayor Menza's request that he interfere with the issuance of a summons to a driver of a sound truck (paragraphs of this Second Amended Complaint); c) his actions related to the relocation of a bus stop on Liberty Avenue in the Township (paragraphs of this Second Amended Complaint); d) his actions related to the incident involving Mayor Menza interfering with a traffic stop involving one of his supporters (paragraphs of this Second Amended Complaint); 20

20 e) his actions related to Mayor Menza's proposed layoff plan involving the Police Department and submission of a signed certification in connection with litigation regarding the plan (paragraph 37 of this Second Amended Complaint); f) his actions related to the incident involving the Township vehicle in Linden (paragraphs of this Second Amended Complaint); g) his actions related to Mayor Menza's targeting of the Township Clerk (paragraphs of this Second Amended Complaint); h) his actions related to Mayor Menza's order regarding the securing of the exterior door to the Municipal Court (paragraphs of this Second Amended Complaint); i) his actions related to the filing of charges with the Equal Employment Opportunity Commission and the New Jersey Division on Civil Rights, as well as the Notices of Tort Claims and the police report (paragraphs 61-63, 66, 86 of this Second Amended Complaint); j) his actions related to the issuance of summonses to a convoy in which Mayor Menza was riding (paragraphs of this Second Amended Complaint); k) his actions related to objecting to and disclosing the Township and Mayor Menza's breach of the Agreement by refusing to pay him for his unused vacation and personal leave; and 1) his actions in connection with the placement of a Township police officer on administrative leave and referring the matter for investigation by the Union County Prosecutor's Office (paragraphs of this Second Amended Complaint) 101. As a direct and proximate result of the Township and Mayor Menza's retaliatory actions, plaintiff has suffered damages including, but not limited to, deprivation of payment for 21

21 unused vacation and personal leave days, emotional pain and suffering, mental anguish, humiliation, depression, and harm to reputation and career. WHEREFORE, plaintiff Robert Quinlan demands that judgment be entered in his favor and against Defendant Township of Hillside and Mayor Joseph Menza, individually and in his capacity as Mayor of the Township of Hillside, awarding: A. Damages in the form of payment for unused vacation and personal leave and reimbursement for Township expenses that he has advanced from his personal funds; B. Compensatory damages for his emotional and physical pain, emotional and physical suffering, emotional and physical distress, emotional and physical ailments and injuries, emotional injuries accompanied by physical manifestations, mental anguish, humiliation, and loss of reputation; C. Punitive damages; D. Attorneys' fees and costs; E. Interest; and F. Such other and further relief as the Court deems appropriate. FOURTH COUNT (Age Discrimination in Violation of the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq.) 102. Plaintiff repeats and realleges the allegations contained in paragraphs 1 through 101 as if fully set forth herein Plaintiff is a "person" as defined in N.J.S.A. 10:5-5(a) The Township is an "employer" as defined in N.J.S.A. 10:5-5(e) Mayor Menza is an "employee" as defined in N.J.S.A. 10:5-5(f). 22

22 106. The Township has violated N.J.S.A. 10:5-12(a) by discriminating against Chief Quinlan in compensation or in terms, conditions or privileges of employment based on his age The Township and Mayor Menza have created and sustained a hostile work environment for plaintiff and other Township employees who are older, treating these workers differently than younger workers. Specifically, these older workers, including plaintiff; have been targeted for various foul's of harassment, threats, and discriminatory treatment As a direct and proximate result of the Township and Mayor Menza's hostile work environment, harassment, and discriminatory treatment, plaintiff has suffered damages including, but not limited to, lost compensation for unpaid vacation and personal leave benefits, and emotional distress pain and suffering. WHEREFORE, plaintiff Robert Quinlan demands that judgment be entered in his favor and against Defendants Township of Hillside and Mayor Joseph Menza, individually and in his capacity as Mayor of the Township of Hillside awarding: A. Damages in the form of payment for unused vacation and personal leave and reimbursement for Township expenses that he has advanced from his personal funds; B. Compensatory damages for his emotional and physical pain, emotional and physical suffering, emotional and physical distress, emotional and physical ailments and injuries, emotional injuries accompanied by physical manifestations, mental anguish, humiliation, and loss of reputation; C. Punitive damages; D. Attorneys' fees and costs; E. Interest; and F. Such other and further relief as the Court deems appropriate. 23

23 FIFTH COUNT (Associational Discrimination in Violation of the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq.) 109. Plaintiff repeats and realleges the allegations contained in paragraphs 1 through 108 as if fully set forth at length herein As set forth herein, Chief Quinlan has supported the promotion and advancement of African-American females in the Police Department The Township and Mayor Menza have denied promoting these individuals on the basis of their race and/or gender The Township and Mayor Menza have violated N.J.S.A. 10:5-12(a) by discriminating against Chief Quinlan in compensation or in teiins, conditions or privileges of employment based on his association with and his support for the promotion and advancement of these African-American women in the Township Police Department As a direct and proximate result of the Township and Mayor Menza's discrimination, plaintiff has suffered damages including, but not limited to, lost compensation for unpaid vacation and personal leave benefits, the failure to reimburse him for Township expenses that he has advanced from his personal funds, and emotional distress pain and suffering. WHEREFORE, plaintiff Robert Quinlan demands that judgment be entered in his favor and against Defendants Township of Hillside and Mayor Joseph Menza, individually and in his capacity as Mayor of the Township of Hillside awarding: A. Damages in the foim of payment for unused vacation and personal leave and reimbursement for Township expenses that he has advanced from his personal funds; 24

24 B. Compensatory damages for his emotional and physical pain, emotional and physical suffering, emotional and physical distress, emotional and physical ailments and injuries, emotional injuries accompanied by physical manifestations, mental anguish, humiliation, and loss of reputation; C. Punitive damages; D. Attorneys' fees and costs; E. Interest; and F. Such other and further relief as the Court deems appropriate. SIXTH COUNT (Aiding and Abetting Against Mayor Menza in Violation of the New Jersey Law Against Discrimination, N.J.S.A. 10:5-12(e)) 114. Plaintiff repeats and realleges the allegations contained in paragraphs 1 through 113 as if fully set forth at length herein Mayor Menza aided, abetted, incited, compelled, and/or coerced the aforementioned discriminatory acts against Chief Quinlan in violation ofn.j.s.a. 10:5-12(e) As a direct and proximate result of the Township and Mayor Menza's discrimination, plaintiff has suffered damages including, but not limited to, lost compensation for unpaid vacation and personal leave benefits, the failure to reimburse him for Township expenses that he has advanced from his personal funds, and emotional distress pain and suffering. WHEREFORE, plaintiff Robert Quinlan demands that judgment be entered in his favor and against Defendants Township of Hillside and Mayor Joseph Menza, individually and in his capacity as Mayor of the Township of Hillside awarding: 25

25 A. Damages in the form of payment for unused vacation and personal leave and reimbursement for Township expenses that he has advanced from his personal funds; B. Compensatory damages for his emotional and physical pain, emotional and physical suffering, emotional and physical distress, emotional and physical ailments and injuries, emotional injuries accompanied by physical manifestations, mental anguish, humiliation, and loss of reputation; C. Punitive damages; D. Attorneys' fees and costs; E. Interest; and F. Such other and further relief as the Court deems appropriate. DEMAND FOR TRIAL BY JURY Plaintiff Robert Quinlan demands a trial by jury as to all issues in this matter so triable. 4:254. DESIGNATION OF TRIAL COUNSEL Damian Christian Shammas, Esq. is hereby designated as trial counsel pursuant to Rule LAW OFFICES OF DAMIAN CHRISTIAN SHAMLVIAS, LLC Attorneys for Plaintiff Robert Quinlan By DAMIAN CHRISTIAN SHAMMAS An Attorney of the Firm Dated: August 7,

26 CERTIFICATION PURSUANT TO R. 4:5-1 Pursuant to R. 4:5-1, I hereby certify that the matter in controversy is not the subject of any other action pending in any court or of a pending arbitration proceeding and that no other action or arbitration proceeding is contemplated. I further certify that plaintiff has withdrawn his Charges of Discrimination filed with the Equal Employment Opportunity Commission and the New Jersey Division on Civil Rights against the Township of Hillside, Charge No I further certify that I am unaware of any non-party who should be joined in this action. I certify that the foregoing statements made by me are true and I am aware that if any of the foregoing statements made by me are willfully false, that I am subject to punishnrnt. Dated: August 7, 2012 Damian Christian Shammas 27

27 AGREEMENT Between THE TOWNSHIP OF HILLSIDE - and - ROBERT B. QUINLAN, POLICE CHIEF July through June 30, 2012 ;i 1000, u)14-in Flillsidc Tp./R. Quinlan Agt.v021009

28 TABLE OF CONTENTS 'ARTICLE PAGE NO. PREAMBLE ARTICLE I SALARY ARTICLE II USE OF TOWNSHIP VEHICLE 2 ARTICLE HI VACATIONS 3 ARTICLE IV HEALTH INSURANCE COVERAGE 3 ARTICLE V ESTATE BENEFITS 5 ARTICLE VI SICK. LEAVE 5 ARTICLE VII PRIOR PRACTICES 5 ARTICLE VIII FRINGE BENEFITS 6 ARTICLE IX RETIREMENT BENEFITS 6 ARTICLE X PERSONAL DAYS 6 ARTICLE XI BEREAVEMENT LEAVE 6 ARTICLE XII MISCELLANEOUS PROVISIONS 7 ARTICLE XIII DURATION 8 ;fluor :4:21.i I : Hillsidc TpJR. Quinlan Agi.v021009

29 PREAMBLE THIS AGREEMENT is entered into on this day of 2009, between the. TOWNSHIP OF HILLSIDE, County of Union, State of New Jersey ("Township -) and the POLICE CHIEF of the Township of Hillside ("Police Chief"), for the purpose of defining those terms and conditions of employment of the Police Chief not otherwise established by the applicable laws of the State of New Jersey, of promoting a harmonious relationship between the parties, and of effecting a good and efficient public service. Section I ARTICLE 1 SALARY The base salary of the Police Chief shall be set eight (8%) percent higher than the base in effect for Deputy Pollee Chiefs during the period covered by this Agreement. For the term of this agreement the base salary of the Police Chief shall be as follows: Effective Dates > 711/07 7/1/08 7/1/09 C I 7/1/10 7/1/11 6/30/08 6/30/09 6/30/10 1 6/30/11 6/30/12 Base Salary: $130,909 $135,819 $141,251 I $146,902 $153,512 Section 2 Holiday Pay The Police Chief shall be entitled to a total of one hundred and thirteen (113) hours paid holiday time. This holiday time pay shall be added to the base salary of the Police Chief Section 3 Incentive Pay In addition to the above, the Police Chief shall receive $1, of incentive pay which shall be added to his base salary each year. Section 4 Education Pay The Police Chief, upon successful completion of County, State or Federal Police Science training courses, or other such schools including college, shall receive a salary increase per year upon successfully attaining the following hours of schooling: 220 hours - $ hours - $ hours - $ hours - $ hours or Bachelor of Science or Bachelor of Arts Degree $ hours or 300 hours beyond Bachelor of Arts or Science - $1, :ru)1 1, )4.or t Hillside ip./r. Quinlan AgiNO

30 The salary increase described herein shall not be cumulative. The maximum salary increase that can be obtained under this program is $1, Section 5 Longevity Pay salary. The longevity pay of the Police Chief shall be fixed at 1.6% of his current annual base Section 6 Schedule Stipend Because the Chief of Police is required to work :a Schedule other than the five.(5) days on/five (5) days off schedule he shall receive a stipend of 5% of his base salary added to the: total salary after the computations for all fringe benefits and longevity. ARTICLE II USE OF TOWNSHIP VEHICLE Th conjunction with his duties as Police Chief Which requires that he be available or on call at all times, the Chief shall be afforded the use of a Police Department vehicle which he has the right to use 24 hours a day. Effective January 2009, the Police Chief will, be required to reimburse. the Township.for all 'personal use of such TownShip vehicle. in Accordance with -the - Township's :Policy entitled EMPLOYEE USE OF TOWNSHIP VEHICLES. The.amount of Police Chiefs reimbursement will be calculated as one (1 -%) percent of the Police Chiefs, total salary compensation which will include his base salary plus all -monetary benefits sets forth above in.article SALARY. Such reimbursement will be deducted pursuant to regular payroll deduction, - in even amounts, throughout the term of this Agreement. In addition, Police -Chief will be responsible to reinibursing the Township on a monthly basis' for all Township-provided fuel used by.police Chief during Police Chief's personal use at the rate of $.055 per mile of personal use. The Police Chief will be required to maintain appropriate records of all personal use. of the assigned Township 'vehicle and submit a report of his personal use of the vehicle to the Township's Chief.Finance Officer with payment for all personal=ise fuel charges as required 'by this Article. For purposes of this Article, "personal use" shall include commuting. between Police Chiefs residence and work station; any use of the vehicle by the employee during vacation periods, any weekend use by the employee except-such usage, other than commuting, to conduct Township business as is required; or any use by the employee's spouse or dependents Personal use does not include travel.from the Police ChieFs_residence to a business meeting or conference located. outside the Township. Personal use also does not include de minimis personal use such as driving the vehicle to lunch within the Township during the business day. In the event the Police Chief is required to use his/her personal vehicle on Township Business, the Police Chief shall be compensated at the rate of thirty one cents per mile. The Police Chief shall.submit to the Township's Chief Finance.Officer monthly vouchers setting forth the date, place traveled to, ;reason for the trip and number of miles traveled in his personal vehicle. : , I 00, 1, ) i Hillside 'fpift. Quinlan ARt:v

31 ARTICLE III VACATIONS The Police Chief shall he entitled to a vacation consisting of thirty-five (35) working days per year. The Police Chief shall have the right to carry over unused vacation days to the following year or to receive payment for all unused vacation days upon submission of a voucher to the Chief Financial Officer; said compensation to be paid the first pay period of February of the following year. Until July 1, 2009, the Police Chief shall have the option to "bank" up to 15 vacation days per calendar year. The tel. "bank" as used in this article shall be defined as the deferral of payment for unused vacation days until the date of the Police Chief's retirement. In addition. he shall have the option to be remunerated, upon retirement, for all unused vacation days for the calendar year of his retirement and for all unused vacation days for the calendar year immediately preceding his retirement. The Police Chief shall be remunerated for all unused and "banked" vacation days at the rate in effect on the date of the Police Chief's retirement. In the event that the Police Chief does not utilize some or all of his vacation entitlement, he shall be permitted to carry over his unused vacation to the next contract year and utilize said days during that year or to receive payment for all unused vacation days at his then current rate of pay during January of that contract year, upon submission of a voucher to the Chief Financial Officer. All monies paid to the Chief of Police for unused vacation days or "banked" vacation days consistent with this article shall not be considered an element of the Chief's final salary for purposes of retirement benefits, subject to the rules and regulations governing the Police and Fireman's Retirement System. Section 1 Hospitalization Insurance ARTICLE IV HEALTH INSURANCE COVERAGE The Township shall continue to provide the Police Chief and his family with full coverage under the the Connecticut General Life Insurance Company (CIGNA) Open Access Plus health insurance plans, including Major Medical insurance, the premiums of which shall be paid for by the Township except as set forth in this Article VII. The co-pay for office visits will he increased to $15 as soon as practicable for the Township. In the event the Township changes its health insurance carrier, it shall provide comparable health insurance with no less coverage than the level currently in existence on December 1, Section 2 Dental Insurance The Township shall continue to provide dental insurance for the Police Chief and his family as defined in the existing coverage through Delta Dental Plan. In the event the Township withdraws from or terminates its membership in the Delta Dental Plan, it shall provide 3 ttino :;q4.11[ Hillside Tp./R. Quinlan t2 Agiv021009

32 comparable dental insurance with no less coverage than the level in existence through the Delta Dental Plan at the time of said withdrawal or termination. Section 3 Prescription Plan The Township agrees to provide the Police Chief and his family with a prescription plan that has a $10.00 deductible for generic prescriptions and a $15.00 deductible for brand name prescriptions. The prescription plan shall permit the Police Chief and his family to obtain prescriptions through mail order without any employee co-payments, subject to the restrictions of the prescription plan. In the event the Township withdraws from or terminates its membership in the existing drug plan, it shall provide a comparable prescription drug plan with no less coverage than the level in existence at the time of said withdrawal or termination. Section 4 Premium Contributions Effective July 1, 2010, the Police Chief will contribute $50,00 per month toward the cost of his health benefits. The monthly contribution shall be deducted by payroll deduction in even amounts throughout each year. Section 5 MC 125 Plan As soon as practicable following the full execution of this Agreement, the Township will establish an IRC 125 Plan to provide for pre-tax deductions for employees who choose to contribute from their own compensation. Employees contributing to such Plan will be subject to the limitations and requirements of federal and state tax laws, rules, regulations and opinions. The Township will not bear any responsibility for any contributing employee's tax liability. Employees utilizing the Plan indemnify and hold the Township harmless for any losses they sustain under the Plan as a result of non-compliance with IRS rules and regulations. The Township will not be required to make contributions on behalf of any employee beyond the employee's regular compensation. Section 6 Retirement Coverage Upon retirement, the Police Chief shall receive the same level of hospitalization, dental and prescription drug insurance coverage in effect at the time of his retirement. Section 7 Continued Coverage for Death in the Line of Duty A. If the Police Chief dies in the line of duty, the Township shall continue hospitalization, dental and prescription coverage for his spouse and minor children. Continued coverage for a minor child shall terminate when the child reaches eighteen (18) years of age, except in the case of a handicapped child, in which case coverage shall continue until the child's death. B. The following definitions are applicable to this Section: 4 :001:41472 i_) 1, lfitlsidc Tp./R. Quinlan Agt.v021009