Andrew Balik, who retired from the city as its purchasing agent in mid-August, has filed a suit against the City of Bayonne, the city business administrator, and the city law director, claiming he had been forced out of his position without due process.
On Aug. 11, city workers said Balik’s office in City Hall was sealed with yellow crime tape and Balik was given a police escort out of City Hall.
The suit alleges Balik is a victim of “constructive dismissal” after he was allegedly threatened with prosecution for not following proper bid procedures.
According to the lawsuit, City Attorney Charles D’Amico and Chief Financial Officer Terrence Malloy confronted Balik and told him to submit his retirement papers by Aug. 31.
He was told, according to the lawsuit, that “if he did not retire, he would be faced with charges.”
“Mr. Balik was not terminated, he filed for retirement.” – Steve Gallo
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Bayonne Business Administrator Steve Gallo, named in the suit, said the city does not comment on pending litigation.
“We have not been served with the lawsuit,” he said. Gallo did say, however, “Mr. Balik was not terminated. He filed for retirement.”
Contract language was in dispute
Sources in City Hall said the issue involved several contracts, including one for night time trash pick up and the other on the pool concession bid.
Balik, according to his suit, questioned the legality of awarding a five-year contract for a pool concession that could be renewed annually, and sought another opinion from the state of New Jersey.
“Defendant D’Amico was incensed that the plaintiff went outside … to gain another opinion,” the suit said.
The suit said under state law, the food concession must be awarded annually.
The suit said Balik was accused of altering the content of a night time trash bid to include the words “audited” financial statement.
Balik was also allegedly accused of inserting pickup times in a 2009 trash bid, which, in his suit, he denied doing.
The suit claims D’Amico threatened to and eventually did call the Hudson County prosecutor for the case – according to the Prosecutor’s Office – but the matterwas not taken up by the Prosecutor The suit claims someone at the office did suggest Balik might face a possible three to four year prison term during the three minute speaker phone conversation.
The suit said Balik was then escorted out of the building, and he was not allowed to “touch” anything in his office.
The suit alleges that Balik failed to receive written charges, only an order not to return to his office or work, although he would be paid until Aug. 31.
The suit claims Balik was denied due process by the city, which failed to give him an opportunity to rebut the allegations or to appeal the decision being made regarding his employment. He was also, according to the suit, denied legal representation.
Suit alleges rights were denied
“As a Civil Service employee, the plaintiff is entitled to due process,” the suit contends. “Plaintiff was denied the due process, appeal procedures, representation, burden of proof, and protection against reprisal as protected by stature.”
The suit is looking for his reinstatement, as well as compensatory damages to “compensate for the humiliation, embarrassment, mental anguish and emotional stress” Balik suffered by undergoing what the suit called a “perp walk.” The suit demands $450,000, as well as damages for loss of income, back pay, front pay, pension contributions, out of pocket expenses, attorney fees, and other legal expenses.
While other city officials claim there has been some miscommunication that Balik could return to his job, Peter Cresci, the city’s former business administrator who represents Balik, questioned the possible negative conditions that would exist if Balik did.
Al Sullivan may be reached at asullivan@hudsonreporter.com.