Township manager to sue over firing

Recently fired East Windsor Township Manager J. Paul Keller plans to sue the township for unlawful termination.

By: Dana Lynn Flatekval
   EAST WINDSOR — Recently fired Township Manager J. Paul Keller said he will sue the township, alleging he was "unlawfully terminated" from his position because he filed a workers’ compensation claim.
   Mr. Keller announced his intentions Thursday, two days after the Township Council upheld his termination.
   Mr. Keller’s attorney, Bruce McMoran of McMoran, O’Connor and Bramley of Tinton Falls, said Mr. Keller will being suing for damages including back and front pay, compensatory damages (pain, suffering and humiliation), punitive damages and attorneys fees.
   Mr. Keller’s annual salary was $107,295.
   Mr. McMoran said it has not yet been decided whether the suit will be against just the township or the mayor, council and township. The lawsuit will be filed with the Mercer County state Superior Court within a month, he said.
   The mayor and council voted Oct. 5 to fire Mr. Keller, 57, alleging that "irreconcilable differences" developed and his performance had deteriorated over the past two years.
   However, Mr. McMoran said Mr. Keller’s termination was "unjust."
   "We believe he was fired for filing a workers’ compensation claim," Mr. McMoran said. "His contract was renewed twice and either the council could not recognize that he was not good or they made their decision based on his action for filing the claim."
   Mr. Keller filed the claim after he had been out for about a month with a back injury from a fall at work that occurred in September.
   "The entire council believes we have acted totally within our prerogative," Mayor Janice Mironov said in an interview Thursday.
   Mayor Mironov said his contract was an at-will agreement and based under New Jersey law Mr. Keller could be fired at anytime for any reason or no reason at all.
   "We provided more than ample reasons," the mayor said. "We think it was not in the best interest of the township to keep Mr. Keller employed.
   According to a timeline presented by the attorney, Mr. Keller was awarded a contract and pay raise in June 2001 and June 2003.
   "They gave him new contracts and pay raises," Mr. McMoran said. "Why would they do that if he was doing such a poor job?"
   Mayor Mironov said Mr. Keller’s contract was renewed because they wanted to give him chances to improve.
   "Any suit is totally frivolous," the mayor said. "I think it is kind of strange because one would think a professional that did not meet the needs of seven council members, would pursue to find a career elsewhere."
   At a special council meeting held Tuesday to hear Mr. Keller’s appeal of his termination, each council member expressed detailed and numerous reasons for supporting Mr. Keller’s firing.
   Although Mr. Keller attended the meeting, he did not speak.
   After more than three hours of discussion, the council concluded that it was in the best interest of the township to fire Mr. Keller from his position.
   Mr. McMoran said the hearing was helpful to him and his client because the council stated reasons, which they had not done before.
   Deputy Mayor Walter Daniels said Mr. Keller acted with consistent slowness and made no effort to make decisions. Mr. Daniels said he has been on the council for the five years Mr. Keller was employed by the township as manager.
   "He had to be repeatedly sent memos to get information," Mr. Daniels said.
   Mr. Daniels listed project after project that he felt Mr. Keller did not do effectively and timely. These projects included the Milford Road reconstruction, Wycoff Road reconstruction, union negotiations, telephone and utility audit, health insurance contracts, East Windsor daytime emergency medical service contract, and Windsor-Perrineville Road improvements.
   "These items illustrate the lack of timely follow-up and understanding of the importance of these issues," Mr. Daniels said.
   He said in all of the cases Mr. Keller was not forthcoming with information and did not provide details and perform follow-ups.
   Mr. Daniels outlined the specifics surrounding the lack of response on the daytime emergency medical service contract that expires April 2005. He said in February 2004, the township requested Mr. Keller review the contract and a potential increase in cost.
   "In any level of government the most important thing is the health and safety of the citizens," he said.
   Mr. Daniels said several follow-up notes from the mayor were sent because no progress was made.
   "Finally, in frustration the mayor set up a committee to handle the matter," he said.
   Another example Mr. Daniels gave was the matter of the Comcast Cable contract.
   Mr. Daniels said the township received a package of materials from the cable company on March 4. The mayor requested on March 15 that Mr. Keller review and provide a report which should include franchise history, essence of materials, renewal information and recommended action.
   He said numerous memos were sent and no information was provided to the council.
   Councilwoman Marsha Weinstein said the role of the township manager is to make sure the township is being run in a reasonable and sensible manner.
   "The issues of nonresponsiveness are too numerous to mention," Ms. Weinstein said.
   Ms. Weinstein gave an example of what she said was Mr. Keller’s lack of attention to detail.
   She said under the interlocal agreement with Hamilton Township the health officer is to provide monthly reports regarding health services.
   Ms. Weinstein said the mayor wrote to Mr. Keller on Nov. 1, 2001 asking why there were no monthly reports submitted during the previous year.
   "It was clear the manager was not paying attention to the interlocal agreement," she said.
   Ms. Weinstein also said 30 days prior to the expiration of the interlocal agreement both parties would have to submit a letter in writing stating if they would like to renew the contract.
   "The date was totally overlooked," she said. "It should not have been overlooked."
   Ms. Weinstein said there were many instances when council members did not receive recommendations for actions.
   "The manager should be the (chief executive officer) of the township and should be responsible," she said.
   Councilman Hector Duke said during the time Mr. Keller was manager there were many instances of lack of direction.
   "The thing that bothers me the most is his lack of interest in the township," he said. "I frequently remember going to pick up my mail before 9 a.m. and after 5 p.m. and I can’t recall ever seeing him at his desk during those times."
   Mr. Duke said the council spoke to Mr. Keller several times about his actions.
   "If we didn’t have a mayor who is superior as Mayor Mironov is, the township would be in deep trouble administratively and financially," Mr. Duke said.
   Councilman Marc Lippman said he remembers Mr. Keller’s last two evaluations and remembers expressing to Mr. Keller his dissatisfaction.
   Mr. Lippman noted that grant money is of major importance to the township.
   "For years we have been asking Mr. Keller to chart out all the different grant applications, their requirements, and most important, their deadlines," he said. "One would think this a no-brainer, but even to his last day this was never done."
   He said nine out of 10 times the Township Council would get information on a grant that was not applied for and would have to remind the manager.
   "I can’t tell you how many applications were sent within two days before the deadline," Mr. Lippman said.
   Mr. Lippman used health benefit savings as another example.
   He said Mr. Keller was spoken to about health insurance and its rising costs. The council wanted to look into possible ways to save money.
   "I can think of no other township that has not begun to think about this issue," Mr. Lippman said. "Each time it was brought up Mr. Keller acknowledged the importance and that is about where it ended. We would be assured it was being worked on.
   Mr. Lippman said because of Mr. Keller’s lack of responsibility, money was not saved.
   Councilman Alan Rosenberg said he believes Mr. Keller’s last two years can be summed up in four basic issues: failure to follow through, failure to inform, failure to assign projects to staff and failure to accept responsibility.
   "Too many times the council has been led to believe that things were being taken care of, but later found out that things were not being done," Mr. Rosenberg said.
   Mr. Rosenberg said he was "bothered" by the "frequent errors in purchase resolutions."
   He said the council would sit at meetings and have to do math to check the resolutions.
   "Unfortunately our manager continually has a look on his face like he studied for the wrong test," Mr. Rosenberg said.
   Mr. Rosenberg cited that the budget was continually wrong year after year and the same mistakes were being made. He said money was being put into the miscellaneous category instead of its correct place.
   Mayor Mironov said it took her a long time to reach the moment of firing Mr. Keller.
   "I had that endless optimism that Mr. Keller would begin to turn around," she said. "But, his level of performance has deteriorated."
   Mayor Mironov said Mr. Keller failed to follow through on the interlocal agreement between Mercer County and the township to fix the Milford Road culvert.
   She said $377,000 was never collected from Mercer County and deposited into the East Windsor account.
   She said she had to work with the county in order to have the funds transferred because the contractor was not getting paid for his work.
   Mayor Mironov said she received a call from the township auditor that there were three road projects being done, but no money to fund them.
   "He didn’t follow up," the mayor said. "These projects were never protected."