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Casamasino v. City of Jersey City9/2/1997
The opinion of the court was delivered by
EICHEN, J.A.D.
Plaintiff Peter Casamasino served as the tax assessor for defendant City of Jersey City (Jersey City) since his appointment in 1987 by then Mayor Anthony Cucci. Mayor Cucci appointed Casamasino to complete the term of the former tax assessor who had died in office two months before his term was set to expire on June 30, 1987. By Mayor Cucci's letter to the city council dated April 27, 1987, plaintiff was appointed to fill the term set to expire plus a full four-year term beginning on July 1, 1987. Copies of the letter were sent to the Jersey City clerk and law department. However, the city council did not vote its advice and consent to the appointment as provided by the Faulkner Act, N.J.S.A. 40:69A-43(b).
When the four-year term to which plaintiff had been appointed expired on June 30, 1991, he continued to serve as tax assessor and was paid for performing the duties of that office even though he had not been formally reappointed. During this period, plaintiff was never advised that "there was any defect or impropriety in appointment." On June 30, 1993, the then mayor, defendant Bret Schundler, advised plaintiff by letter that he was not being reappointed. Plaintiff was immediately relieved of his duties and directed to vacate his office.
On July 1, 1993, plaintiff filed a complaint in lieu of prerogative writs in the Law Division and obtained an order to show cause against Jersey City and Schundler, directing them to show cause why Casamasino should not be immediately reinstated to his position as tax assessor in accordance with his tenure rights under N.J.S.A. 54:1-35.31. According to Casamasino, his dismissal was retaliatory, illegal and motivated by the mayor's "personal animosity." The complaint and subsequent amendments thereto also charged defendants with violations of plaintiff's federal civil rights under 42 U.S.C. 1983 ( ยง 1983), the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -42, the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -8, and sought relief under theories of "intentional infliction of physical and emotional harm, wrongful discharge from employment, libel and slander, and intentional interference with a business relationship." Plaintiff also demanded judgment directing defendants to "recognize and establish the tax assessor as a separate municipal department," and to pay his counsel fees in accordance with a resolution adopted on April 14, 1993. Finally, plaintiff sought compensatory and punitive damages, together with counsel fees and costs.
In a supporting certification, plaintiff explained that on June 30, 1993, at approximately 11:00 a.m., Schundler's chief of staff delivered a letter from Schundler which stated: "Please be advised that I am exercising my mayoral prerogative not to re-appoint you as assessor. Effective herewith, you are relieved of your duties." "Without any warning or preparation," plaintiff was required to immediately pack his belongings, surrender his keys, and vacate his office, an experience plaintiff described as extremely humiliating.
According to plaintiff's complaint, Schundler's animosity toward him had its genesis in a history of incidents dating back to the late 1980's, before Schundler was mayor, at a time when Schundler was leader of an organization opposed to the 1988 tax revaluations of real property in Jersey City. In particular, plaintiff described an incident on January 25, 1993 at a council meeting when the mayor sought a resolution approving a plan to obtain revaluations and reassessments of real property in Jersey City. At the meeting, plaintiff voiced opposition to the mayor's
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