A November 2 decision granted an appeal to three former employees of the City of Bayonne who allege their layoffs in June of 2015 were not carried out in good faith. The city claimed the employees, who worked in property-maintenance code enforcement, were laid off due to a “change in philosophy” that required less enforcement, and thus fewer employees, as well as due to budget constraints. However, the court ruled that no evidence was found for such a change.The judge ordered the employees be restored to their former positions and awarded back pay from the time of their layoffs to the time of reinstatement. Judge Thomas R. Betancourt found the testimonies of Bayonne Business Administrator Joe DeMarco and former Director of Municipal Services Robert Wondolowski “not credible,” after giving conflicting testimony that showed inconsistencies in the city’s rationale for the layoffs. DeMarco and Wondolowski were two of 17 witnesses who testified.
The judge’s decision will be sent to the Civil Service Commission for final decision, saying that the “appellants should be restored to their previous positions of employment immediately.”
Gary Parlatti and Michael Smith worked as field representatives for citizens’ complaints, while Michael Mulcahy was a housing inspector enforcing property maintenance codes.The three worked under the Department of Municipal Services.
The three employees were required to demonstrate a “burden of proof” in their complaint, when the motivation for the layoffs was not economics. DeMarco testified that the city had a “change in philosophy” in enforcing the property-maintenance code, as well as a budget shortfall leading to the decision to terminate the employees. But Judge Betancourt found DeMarco’s testimony not credible due to conflicting testimony of other city employees who did not know of the philosophy change and the city hiring 100 new employees after the layoffs.
“From the beginning I knew we were correct, but the fact of the matter is, I still don’t have a job.” – Michael Mulcahy
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Credibility
The judge stated in his decision, “[Joe DeMarco’s] testimony regarding the change in philosophy is simply not believable. While he stated he discussed this change in philosophy with others, there is no memorandum regarding any such meeting, or meetings. There is no memorandum circulated to employees regarding this change in philosophy. Most pointedly, he is the only witness that testified that there was a change in philosophy.”
The judge also deemed Wondolowski not credible. “On direct examination, he stated he did not speak with Business Administrator DeMarco regarding layoffs. He also stated he did not discuss enforcement of property maintenance violations with Mr. DeMarco,” Betancourt said.
“On cross he stated he did discuss the budget and possibility of layoffs … he now recalled speaking with Mr. DeMarco about the number of violations issued and the need to be more passive in enforcement.On direct he stated he did not tell appellants to stop writing property maintenance violations. On cross he stated he told appellants to stop [writing property maintenance violations]on several occasions.”
Finally, the judge concluded, “The record established overwhelmingly … that Bayonne did not effectuate the layoffs due to reasons of economy and severe budget shortfalls.”
Vindication
The employees’ attorney, Peter Cresci, wrote in a statement via text message, “We are satisfied with the extraordinarily specific opinion of Judge Betancourt which orders and restores Mr. Mulcahy, Mr. Smith, and Mr. Parlatti back to their positions of July 2015 with the City of Bayonne. It’s important the City of Bayonne’s Property Maintenance Code is enforced, which includes illegal apartments, heat complaints, and dangerous conditions which have led to fires in their absence.”
Michael Mulcahyexpressed his pleasure with the judge’s opinion and continued distress about the purpose for the layoff in the first place. “From the beginning I knew we were correct,” he said. “But the fact of the matter is, I still don’t have a job.” After 16 and a half months off the job, Mulcahy expressed the optimism that the Civil Service Commission will place him back in the position that he feels is much needed. “The town is a mess and no one is enforcing the code,” he said.
Bayonne Chief-of-Staff Andrew Casais said in a statement, “We maintain the assertion that the City acted in good faith when eliminating these positions, and did so for reason is of economy and efficiency. Therefore, we disagree with the outcome of the recently released court decision and await a rendering from Civil Service.”
Rory Pasquariello may be reached at roryp@hudsonreporter.com.