Appeals court rules in favor of former city attorney

ORANGE, NJ — The New Jersey Superior Court Appellate Division recently ruled in the case of John P. McGovern v. city of Orange Township and Mayor Dwayne Warren that the mayor and the city must rehire McGovern. The former assistant city attorney was fired in 2013 for acting as a whistle blower against Willis Edwards, the city’s former acting business administrator, in a matter related to former city clerk Dwight Mitchell.

On Friday, July 21, state Supreme Court Appellate Judges Yannotti and Haas reaffirmed an earlier court’s judgment against Warren and the city that ordered them to rehire McGovern and pay him all the money he lost when the mayor fired him at Edwards’ request.

The July 21 decision found that McGovern was terminated in violation of the New Jersey Conscientious Protection Act, and “ordered plaintiff’s reinstatement to his position; awarded plaintiff damages, back pay, attorney’s fees and costs; and required the city to make pension contributions on plaintiff’s behalf from the date of his termination to the date of his reinstatement.”

According to court documents, in March 2014, McGovern in “filed a complaint in the trial court against defendants and Willis Edwards III,” alleging that Mitchell had been on medical leave following an automobile accident and that the city had paid all of the clerk’s medical bills and temporary disability benefits because it was “a workers’ compensation matter.” McGovern “claimed Warren and Edwards wanted to ‘transition’ the Clerk back to work on a full-time basis. The Clerk allegedly had obtained a settlement of his lawsuit against a third-party and owed the city about $100,000 which was secured by a workers’ compensation lien.”

According to the court, McGovern said he was fired because Edwards had ordered him to release the $100,000 lien on Mitchell’s money even though it was against the law to do so. When McGovern refused, Edwards ordered him to do it again, and although McGovern did so, he made an official note that he only did it because Edwards, his superior, had ordered it. That notation provided CEPA whistle blower legal protection for McGovern.

According to court papers, Warren fired McGovern, and “allegedly told him he was being ‘let go’ because the city was making ‘budget cuts.’ On February 5, 2013 plaintiff received a letter stating he was terminated, effective February 1, 2013.”

McGovern then sued the city and Warren for wrongful discharge, violation of CEPA, and breach of contract, asking for reinstatement to his former position, compensatory and punitive damages, attorney’s fees and costs, and other relief.

The courts agreed with McGovern and ordered Warren and Orange to rehire him, recoup his salary and benefits, and pay his legal fees for a total of almost $300,000. But the Warren administration appealed the first judgment against them and the state Appellate Court on July 21 upheld the initial judgment against Warren and the city. Current business administrator Chris Hartwyck now has to find the $300,000 owed McGovern.

Furthermore, Superior Court Judge Christine Farrington ruled earlier this year that Edwards was “illegally” employed as the city’s deputy business administrator when McGovern was fired, so technically speaking, Edwards was not the legally the business administrator when he ordered McGovern to waive the $100,000 workers’ compensation lien on Mitchell’s alleged motor vehicle accident settlement money. However, Yannotti and Haas didn’t take Edwards’ job status into account in their July 21 ruling.

  Mayor Dwayne Warren