Resolution of the City of Jersey City, N.J.

City Clerk File No. Res. 11-096

Agenda-No. LO.C

Approved:

TITLE:

RESOLUTION AUTHORIZING SETTLEMENT OF

THE LAWSUIT OF MA D. RUSS AGAIST THE
CITY OF JERSEY CITY

COUNCIL OFFERED AN MOYED ADOP-

TION OF THE FOLLOWIG RESOLUTION:

WHEREAS, Mark D. Russ was hired by the Jersey City Parking Authority as Chief
Executive Director pursuant to a contract entered into in December of2006 for a term of one
year, and

WHEREAS, Mark D. Russ was agai hired by the Jersey City Parking Authority as Chief
Executive Offcer pursuant to a contract entered into a contract entered into in November
2007 for a term of one year; and

WHEREAS, after the expiration of that contract Mark D. Russ was not thereafter hired by the Jersey
City Parking Authority and

WHREAS, afer the expiration of that contract another person was hired by the Jersey City
Parkig Authority as Chief Executive Offcer; and -
WHEREAS Mark D. Russ thereafter fied a lawsuit in the Superior Cour of New Jersey
Law Division against the City of Jersey City, the Mayor of the City of Jersey City, the
Parking Authority of the City of Jersey City and the Chairman of the Jersey City Parking
Authority alleging violation ofhis Constitutional Rights, violation of his contractul rights
and violations of the provisions of the Conscientious Employee Protection Act, N.J.S,A.
39:19-1, m~; and

WHREAS the Muncipal Council has previously authorized the appointment of outside
counsel to represent and defend the Mayor of the City of Jersey City; and

WHREAS this lawsuit was referred pursuat to the Rules of Cour to a Mediator; and

WHEREAS the Mediator recommended that the matter be settled in its entirety, with the
City of Jersey City contrbuting $10,000.00 to th~ tota settlement; and

WHREAS Mark D. Russ has agreed to accept the recommendation of the Mediator to
resolve al1 of his clais, including specifically claims for attorneys' fee and damages against

the City of Jersey City and the Mayor; an d

WHEREAS approval of this settlement wil1 result in the termination of the contract with
outside counsel with a mial expenditue of attorneys' fees and expenses; and

WHEREAS the costs of continuing with discovery in this case and counsel fees are likely
to far exceed the amount of the contrbution recommended, it is

NOW THEREFORE, BE IT RESOLVED by the Municipal Council of the City of Jersey City
that:
 Continuation of Resolution Pg.# 2
City Clerk File No. Res. 11-096
Agenda No. 10. C
TITLE:

RESOLUTION AUTHORIZING SETTLEMENT OF

THE LAWSUIT OF MA D. RUSS AGAINST
THE CITY OF JERSEY CITY
"

1. The Corporation Counsel be authorized to settle this lawsuit for the sum of $1 0,000.00;

2. The Jersey City Insurance Fund Commission be authorized to issue a check for $10,000.00
payable tqMark D. Russ and his attomey Hyderallyand Associates;

I certify that funds for this expenditure are available in the City of Jersey City Insurance Fund
Commission Account;

Peter Soriero, Risk Manager

MDIk

~.
APPROVED: A::ED AS TO LEGAL FORM

APPROVED:
Jimf¿ -
Certification Required 0

Not Required o
APPROVED
RECORD Of COUNCIL VOTE ON RNALPASSAGE .£/ £.3/ ii
COUNCILPERSON AYE NAY N.V. . 'COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V.
SOnOLANO GAUGHAN
AHMAD
DONNELLY FULOP
. VELAZQUEZ
LOPEZ RICHARDSON BRENNAN, PRES
./ Indicates Vote
N.V.-Not Voting (Abstain)

Adopted at a meeting of thè Municipal Council of the City of Jersey City N.J.

Peter M. Brennan, President of Council

Robert Byrne. City Clerk