Galloway Settles Lawsuit for $200,000 with Galloway Police Officer

On August 31, 2015, Galloway Township settled another employment lawsuit in the amount of $200,000; this time with Galloway Police Officer Brian Tennant. 

According to the settlement agreement, any disciplinary action against Tennant was also resolved. 

The lawsuit was filed in February 2013 against Galloway Township, Galloway Township Police Department, former Chief Patrick Moran, former Captain Allan Kane and Corporal Jerry Houck.

The lawsuit contained multiple allegations of Racial Discrimination, Retaliation and Hostile Work Environment some of which dated back to 2003. Tennant has been a  member of the Police Department since November 2000. 

Former Galloway Principal John Gibson now center of Lawsuit Filed Against Prosecutors Office

A lawsuit recently filed by Walter Luers, Esq., on behalf of John Paff, against the Ocean County Prosecutors Office (OCPO) may soon bring additional answers to questions that have lingered for almost a year.  The lawsuit is online here.

Those questions are pointed as to what happened with Galloway principal John Gibson that he abruptly began paid leave absences from work and then later retired without again, according to payroll records, stepping foot back in the school district. 

According to Paff's website which has recorded the lawsuit filed, "The Ocean County Prosecutor's Office (OCPO) has acknowledged that it had prepared a June 6, 2014 investigation report into allegations made against John Gibson.  The OCPO also acknowledged that Gibson was interviewed at the Little Egg Harbor Police Department on January 27, 2014, only a few days before Gibson took his leave of absence.  According to the prosecutor's December 8, 2014 letter that denied access to both the investigation report and the video of the interview, the interview regarded "Mr. Gibson's involvement with a minor."

Township Settles Lawsuit and Pays $92,000 to Former Township Manager Stephen Bonanni

Stephen Bonanni
Credit: Press of AC

Galloway Township has settled another lawsuit and further agreed to pay out $92,000. The recipient of the payout was former Township Manager Stephen Bonanni.

Bonnani filed a lawsuit against the Township and Mayor Don Purdy in September 2013. The settlement which was made in November 2014 agreed to pay Bonanni $92,000, and in turn Bonanni agreed to dismiss all claims against the Township.

The lawsuit filed on September 26, 2013 in Atlantic County Superior Court alleged fourteen (14) counts which includes Breach of Contract, False Light Privacy Invasion, Defamation/Slander Pre Se and Conscientious Employee Protection Act, to name a few.

Galloway Ordered to Pay Over $16,000 in Legal Fees After Losing Lawsuit

Galloway Township has now been ordered to pay over $16,000 in legal fees in a lawsuit the Township lost in June 2013.  The fees are to be paid to Walter Luers, Esq., who is the attorney representing the Plaintiff John Paff.

On Tuesday, June 10, 2014, Superior Court Judge Nelson Johnson issued an order against Galloway Township Clerk TC Kay and the Township and ruled in favor of the Plaintiff John Paff.  

Second Tort Claim Notice Filed Against Township After Fatal Accident in Galloway

On May 30, 2014, a Tort Claim Notice was filed against the State of New Jersey, Atlantic County and the Township of Galloway by Cape May Court House based Attorney Robert S. Sandman of Hankin, Sandman Palladino & Weintrob Law Firm. 

The Tort Claim Notice was filed on behalf of Anna & Howard Jordan of Galloway Township, following an accident that claimed Anna Jordan's friend's life, Elizabeth Torpey on March 19, 2014 in Galloway Township.

Emails Reveal Township Attorney Had Unusual Request to Hold a Judges Decision on a Lawsuit Until After 2013 Council Elections

As documents and emails in Paff v. Galloway et. al Lawsuit begin to be released by the Township and obtained by Galloway Township News, certain email conversations between Township Attorney Michael Fitzgerald and Attorney Walter Luers who represents John Paff in the Lawsuit against the Township, appear to be highly unusual. 

One email from October 28, 2013, just days before Galloway Township's Council Election appears to be the most interesting yet. 

Township Solicitor Michael Fitzgerald wrote in an email to opposing Attorney Walter Luers, "As you probably are aware, there are Galloway Township Council elections on November. Unfortunately, the partisan attacks back and forth and been unusually strong and often personal" Fitzgerald stated.  

Family Seeks $5 Million in Damages After Fatal Accident in Galloway Township; Charges Filed

On May 1, 2014, a Tort Claim Notice was filed against the State of New Jersey, Atlantic County and the Township of Galloway by Egg Harbor Township based Attorney Paul R. D’Amato, Esq. of the D’Amato Law Firm. 

The Tort Claim was filed on behalf of the family for the Estate of Elizabeth Torpey following an accident that claimed Torpey’s life on March 19, 2014 in Galloway Township.

According to the accident report, the fatal accident occurred on South Liepzig Avenue and West Country Club Drive. Torpey and her friend, Anna Jordan, were walking on the sidewalk, when Torpey was fatally struck by a 2007 Honda Civic driven by Sharon Musher, of Philadelphia, PA. Jordan was also hit by Musher’s vehicle, but was treated and released from the hospital.

Galloway Township Loses Lawsuit Filed by Open Government Advocate John Paff; Township Attorney Wants to Appeal

John Paff

After the Township spent over $20,000 in legal fees and costs, a lawsuit filed against the Township in 2013 has now received a decision by the Judge. 

On Tuesday, June 10, 2014, Superior Court Judge Nelson Johnson issued an order against Galloway Township Clerk TC Kay and the Township and ruled in favor of the Plaintiff John Paff. 

The order was the result of a lawsuit filed in Atlantic County Superior Court on August 19, 2013, alleging the Township refused to provide Paff with "copies of emails logs that they are capable of producing and have produced in the past." 

Galloway Superintendent of Schools Calls ACLU Lawsuit Against District, "Unfounded"

Dr. Annette C. Giaquinto
Superintendent of Schools

NEWARK - The American Civil Liberties Union of New Jersey (ACLU-NJ) filed seven lawsuits today against New Jersey school districts that have failed to comply with state and federal constitutional law requirements prohibiting discrimination against immigrant families attempting to enroll their children in school. 

The school districts sued today have maintained these discriminatory policies despite the ACLU-NJ’s repeated warnings to revoke them. 

These seven districts, located in three New Jersey counties, all require government-issued photo identification as a condition of enrollment, contrary to clearly established law. The ACLU-NJ’s lawsuits ask the courts to halt these unconstitutional school registration requirements immediately.

Settlement Reached in Lawsuit Involving Hamilton Township Committeewoman; Tort Claimed Filed by Township Manager

Committeewoman Aline Dix

In less than thirty days after a lawsuit was filed by Committeewoman Aline Dix, a settlement between the parties has been reached but the drama may not stop there. Township Manager Michael Jacobs has started to initiate his own litigation. 

Galloway Township News was first to report that on April 17, 2014 a lawsuit was filed in Atlantic County Superior Court by Pitman based Attorney Sebastian Ionna on behalf of Hamilton Township Committeewoman Aline Dix. The lawsuit was filed against Township Administrator Michael S. Jacobs, Mayor Roger Silva, Deputy Mayor Amy Gatto and Mary Kelly from Human Resources.

Discovery & Deposition of Township Employee Ordered by Court in Lawsuit Filed Against Galloway

On January 10, 2014 Atlantic County Superior Court Judge Nelson C. Johnson ordered depositions of any witness including Township employee Eric McCarthy to be taken on or before April 10, 2014. McCarthy is the Township's IT / Network Technician. 

The order was issued in relation to a lawsuit filed by Walter M. Luers Esq., on behalf of John Paff. The lawsuit filed in Atlantic County Superior Court on August 19, 2013, alleged the Township refused to provide Paff with "copies of emails logs that they are capable of producing and have produced in the past." 

Cedar Creek Student Acquitted of Charges in Attempting to Possess a Weapon, Files Tort Claim

Cedar Creek Highschool; Credit Press of Atlantic City

Cedar Creek student Kevin Jones Jr., 17 of Galloway Township was arrested in December 2012 for allegedly possessing ingredients to make a bomb has filed a Tort Claim against several agencies, including Galloway Township Police Department. 

Agencies listed in Tort Notice Filed

According to Galloway Patch, "Investigators from the Galloway Police Department were joined by the Atlantic County Prosecutor's Office at the student's home on the 300 block of East Spencer Lane, police said. They found several items, including electronic parts and chemicals that could cause an explosion when mixed together, police said."

Jones was charged with possession of a Destructive Device and sent to Harborfield Detention center. Jones was also charged with a second crime of Attempting to Possess a Weapon. The second charge was subsequently dismissed by Judge Jackson after the trial began on May 21, 2013 and May 22, 2013. 

Ultimately on May 22, 2013, according to the Notice of Tort Claim, Judge Jackson found Jones not guilty of all of the charges against him. Judge Jackson ruled that Jones did not have the requisite malicious intentions needed to substantiate the charges and that even at completion the device would not constitute a weapon. 

The notice states Jones was a student with disabilities who was classified as Other Health Impaired for Attention Deficit Disorder and was included in a Individualized Educational Program, also known as an IEP. The notice further stated, Cedar Creek High School which is a magnet program for Engineering, Jones was a gifted child in the areas of chemistry and engineering.

As part of the claims listed, it is alleged as a direct result of the defendants actions and inactions, Jones and his family were subjects of news media coverage, pictures and live news feeds of their home was printed, distributed on the internet, newspapers and through television coverage. It is also alleged that Jones was a victim of cyber bullying and harassment, intimidation and bullying by school personnel. 

A Notice of Tort Claim is a notification that a Lawsuit may be filed against those agencies. To date, a lawsuit has not been filed against the Township. 

Jones is scheduled to return to Cedar Creek High School in September of 2013. 

LT Tort Claims Aug 13-27, 2013 by GallowayTwpNews

Updated x2: Lawsuit Filed Against Galloway Township Clerk for Denying Access to the Chief of Police and Clerks Email Logs

Updated (Nov 4, 2013): The Township appeared in Court on November 1, 2013 to argue an OPRA lawsuit filed by Walter M. Luers Esq., of behalf of John Paff. According to Paff, "at issue in the Galloway case is whether a government agency is required to produce an e-mail log showing the sender, recipient, date and subject line of each e-mail sent by a specific government employee during a specified period of time.  An example of the kind of log I requested, which was generated by Galloway in 2012, is on-line here."

Paff further stated, "while conceding (Township of Galloway) that it previously produced e-mail logs and still has the capability of doing so, Galloway, citing Logue v. Borough of Fieldsboro, GRC Case No. 2008-223, argued that producing a log would require it to create a new record that does not already exist.  Attorney Walter Luers and I argued that since the Township's e-mails are digitally stored on a computer, any report that can be queried from the e-mail system is a public record available under OPRA." 

"Atlantic County Judge Nelson C. Johnson was clearly intrigued by the issue and asked both parties to submit additional briefs.  He is expected to rule on the matter before the end of the year" Paff said.

ORIGINAL STORY:
A Lawsuit has been filed against Galloway Township and Township Clerk Thalia C. Kay in her official capacity as Municipal Clerk and Records Custodian of Galloway Township.  The lawsuit was filed by Walter M. Luers, Esq., on behalf of John Paff. Paff is the chairman of the New Jersey Libertarian Party's Open Government Advocacy Project.  

The lawsuit filed in Atlantic County Superior Court on August 19, 2013, alleges the Township refused to provide Paff with "copies of emails logs that they are capable of producing and have produced in the past." 

According to the complaint, on June 28, 2013, Paff submitted an Open Public Records Request seeking an email log "that shows e-mails sent by the Township Clerk between June 3, 2013 and June 17, 2013" and "that shows e-mails sent by the Township Police Chief between June 3, 2013 and June 17, 2013." Paff also submitted a copy of an e-mail log previously released by the Township in a previous OPRA Request, showing the documents clearly exist.

On July 8, 2013, Kay denied access to the requested records, stating that "IT is unable to provide logs on email communication." The complaint alleges, "on prior occasions and in response to prior OPRA Requests, Defendants have provided similar e-mail logs and, on information and belief, Defendants continue to be able to provide such logs." 

According to a Letter Brief submitted to the Court by Luers, the defendant flatly disputes that e-mails logs are not able to be provided. "In the event that the Defendants claim that they lack the capability to create email logs, we request a plenary hearing on that issue and an opportunity to subpoena and present the testimony of the employee or employees of Galloway Township who previously created the email logs that were provided to the public as well as testimony of the Township Clerk."

Paff is requesting the Court to order Defendants to release the email logs as requested along with awarding Plaintiff costs and reasonable attorneys' fees; and for such other or further relief as the Court deems just and equitable. 

After reviewing the complaint, GallowayTwpNews.com Publisher  has been a member of the public that has received email logs in response to several OPRA Requests we have filed under this website as well as private citizen and employee of the Township in 2011. 

GallowayTwpNews.com has also OPRA'd emails from the email logs provided by the Township Clerk as requested by the Township. GallowayTwpNews.com has provided copies of the OPRA Requests from Township Clerk TC Kay to John Paff, showing the Township previously providing those email logs in response to our OPRA Requests.  

Screen Shot of Email Logs Produced by the Township and Released to GTN

The Township also releases the OPRA Log, of which we publish periodically on our site that also shows the Township fulfilling the same request in January 2013 that they have now denied to Paff. 

We have provided a copy of the complaint filed by John Paff as well as an email sent to GallowayTwpNews.com by Township Clerk TC Kay fulfilling an OPRA request for email logs to this Publisher in January 2013. Township Manager, Township Solicitor and the Deputy Clerk were all copied on the email with the fulfillment of that request. 

A request for comment was submitted to Township Clerk TC Kay, Township Manager Arch Liston and Township Solicitor Michael Fitzgerald. GallowayTwpNews.com did not receive a response.

A request for comment was also sent to John Paff. Paff stated he had "no particular comment" regarding the complaint. 

Galloway OPRA Request : December 31, 2012 by GallowayTwpNews

PAFF01 by GallowayTwpNews

Township Officials Confirm Smith v. Galloway Twp Agreement was Released to Media Without Formal Council Approval

GallowayTwpNews.com has obtained through an Open Public Records Request the Settlement and Release agreement pertaining to the Jody Smith v. Galloway Township et al. litigation. The agreement was already released to Galloway Township Patch Editor Anthony Bellano in response to an OPRA Request he filed.

GalowayTwpNews.com reviewed the agreement and previous agenda's and determined the Township did not vote on the agreement, nor did Mayor Don Purdy execute said agreement released by Township Clerk Thalia "TC" Kay today.

Councilman Jim McElwee confirmed the settlement agreement has not been formally presented to Council for a vote. 

Mayor Don Purdy confirmed same and added the terms also have not been fully presented to Council. Purdy declined further comment since the litigation has yet to be settled.

Request for comment by Township Manager Arch Liston as to whether the Township will recall the released documents went unanswered at the time of publication.

Kay did state in an email that "the Resolution is on the agenda for Tuesday, February 12, 2013 at 6:30 p.m." We requested explanation from Township Clerk TC Kay as to how an agreement that has not been approved by Council could be released. We did not receive a response from Kay on that questions by time of publication.

Sebastian Ionno, Esq, who represents Jody Smith was reached for comment, however declined to answer questions due to the confidentiality of the pending settlement. Ionno was provided with a copy of GallowayTwpNews.com OPRA Request and email correspondence in reference to the release of the agreement. 

Due to the fact the agreement and terms have yet to be formally discussed by Galloway Township Council and in our opinion, should not have been released by the Township, GallowayTwpNews.com will not be releasing the agreement nor the terms of the agreement until formally reviewed and approved by Council.