This time from second job; former administrator sues
PETERSBURG — Township Committee voted 4-0 on March 10 to terminate the employment of Gary DeMarzo as personnel officer, but the former administrator has filed legal action to stop his elimination from two positions.
Committee terminated DeMarzo as administrator Jan. 27 and hired the law firm of Blaney, Donohue & Weinberg to “formulate a layoff plan for the position of personnel officer for purposes of economy and efficiency” because he could not immediately be removed from the Civil Service position.
But DeMarzo claims two members should have recused themselves and did not, making the legal vote two in favor and one abstention, falling short of the two-thirds vote, or four of five members, required for to remove him..
He is seeking punitive and compensatory damages on all lost benefits, wages and rights, including front pay and back pay, as well as all commensurate pension and retirement benefits.
Solicitor John Amenhauser said the township received a letter dated March 3 stating that the New Jersey Civil Service Commission had approved a layoff plan that included elimination of the personnel officer.
The latest move started a 45-day period of continued employment in which DeMarzo’s “attendance will no longer be required,” according to Amenhauser, who added DeMarzo will work remotely on an as-needed basis.
Temporary Administrator Joe Verruni attempted to serve the notice to DeMarzo and his wife, but she told him to mail it and threw it on the floor.
DeMarzo, who had received a Rice Notice notifying him that his employment would be discussed, provided members of the media with a complaint he filed against Committeeman Zach Palombo and Committeeman Sam Palombo individually and as members of Township Committee.
The complaint alleges the Palombos not only failed to recuse themselves from a vote to terminate DeMarzo as administrator based on a “standing conflict” but that Sam Palombo had made the motion and Zach Palombo the second to do so.
DeMarzo alleges in the complaint that the conflict arises from a letter he sent dated Dec. 13 regarding the annual reorganization meeting. The letter recommends Township Committee “consider the relationship between Zoning Board engineer Kates Schneider and Zoning Board Chairman Paul Casaccio.
“A review of the submitted documents may prove that there is a pay to play, ethics or financial violation based on paying for services between the two. Mr. Casaccio owns Clayton Rentals located at 215 Rt US 9 South Marmora … ; the board engineer lists the same address on the submitted W9,” the complaint states. “It is clear that the board engineer has some stakeholder, landlord-tenant or investor position in a property controlled by the chair of the Zoning Board.”
“At this time, I have a reasonable belief that objectively a violation has occurred.”
Casaccio is the father of Committeeman Tyler Casaccio.
The complaint further states that the Palombos not only voted to hire the law firm to work on the layoff plan but Sam Palombo made the motion and Zach Palombo provided the second.
“Defendants Zachary and defendant Samuel voted in a matters where they have a clear personal interest violating their fiduciary responsibility to the residents of Upper Township,” the complaint states.
On Jan. 27, DeMarzo, 57, had provided members of the media with a copy of a lawsuit he filed against Zach Palombo, Sam Palombo and township activist Barbara Murphy-Leary, claiming deprivation of legal rights.
The lawsuit, filed Dec. 30, 2024, claims the defendants made defamatory remarks about DeMarzo through the Palombos’ campaign fliers and Murphy-Leary’s Facebook page, “Politics and Promises in Upper Township and Cape May County.”
The new complaint alleges that the Palombos wrongly voted to terminate DeMarzo and that their “votes were tainted by personal dislike and animosity towards plaintiff which was clear from the false, defamatory and false light statements.”
The initial lawsuit claims DeMarzo suffered “annoyance, inconvenience, stress, anxiety, humiliation, depression, physical pain and suffering, emotional distress and pecuniary loss,” and seeks compensatory and punitive damages, interest and legal fees.
Amenhauser noted before the vote Jan. 27 that under state law, an administrator can be removed without cause by a vote of two-thirds of the governing body. He also said the administrator can be removed immediately, in which case he must be paid for the next three months, or kept in the position for that term.
The vote to terminate the position immediately was 4-0, with Casaccio choosing to abstain.
That vote was for the administrator position only, since DeMarzo could not be immediately removed as personnel officer. His employment was divided into 70 percent personnel officer and 30 percent business administrator with a total compensation of $121,000.
Township Committee began the process of replacing DeMarzo on Jan. 27. Following a closed session, the governing body adopted a resolution hiring Joe Verruni of Jersey Professional Management as temporary administrator and for recruiting services.
Committee also passed a resolution combining the personnel officer duties with the position of administrator.
– By CRAIG D. SCHENCK/Sentinel staff