BLOOMFIELD, NJ — Two Bloomfield firefighters have notified the township that it may be sued because of illegal and harmful working conditions in the Bloomfield Fire Department.
Firefighters Steven Malkinski and John Ilaria notified the township March 9 and April 2, respectively.
Malkinski alleges that Bloomfield has discriminated against him “over and over again, and has illegally and improperly charged me with Internal Affairs charges in an attempt to constructively discharge me,” he said in the papers submitted by his attorney.
Ilaria alleges that Bloomfield Deputy Fire Chief Louis Venezia was harrasive and abusive to him and others. This caused the FMBA Local 19 to file a complaint which was investigated by the township, he said. During this investigation, Ilaria said he received notice from the township building department that his two-family, Bloomfield house required an inspection. He claimed this “was clearly retaliatory,” and a violation of his civil rights.
The notification the firefighters filed is called a Title 59 Notice of Claim. This is to alert a public entity, such as a township government, that an employee of that government, while fulfilling their duties, has allegedly caused harm and the government, as the employer, may be sued.
A Title 59 Notice of Claim is time-sensitive. In NJ, it must be filed within 90 days following the alleged injury. Before filing a subsequent lawsuit, a period of at least six months must elapse. This is to allow the public entity time to investigate the allegations and decide if it wants to settle out of court.
The investigation into Venezia’s alleged behavior found that many of the claims against him could not be substantiated, according to Bloomfield Public Safety Director Sam DeMaio. DeMaio said Venezia received sensitivity training, along with other township employees. DeMaio also said he advised Venezia to speak and act respectfully. Louis Venezia is the brother of Bloomfield Mayor Michael Venezia.
In his notification, Ilaira said he felt forced to sell his home “in fear of more retribution, retaliation or harassment attempts. That house was supposed to pay for my child’s college, as it would only go up in value in time.”
In his notification, Malkinski’s alleged a civil conspiracy, intentional infliction of emotional distress and retaliatory harassment.
“I want to be left alone and simply do my job,” he said in the claim.
He also indicated an unspecified injury or condition that required “rehabilitation.”
Malkinski and Ilaria are being represented the Patrick Toscano, of Caldwell.
In an email, Toscano said the amount of time a person has for filing a lawsuit, after a Title 59 notification, depends on the complaint.
“Usually two years for most torts or constitutional violations,” he said, “but some are one year.” He said Ilaria sold his Bloomfield two-family house “because he believed, with very good reason, that the harassment and retaliation would be incessant regarding that home, even though there was no zoning or other violation found related to that home in the least.”
The inspection, he said, found nothing wrong.
Toscano would not explain any alleged condition suffered by Malkinski or what rehabilitation it required.
“It would behoove the township of Bloomfield to come forward in a good faith attempt to settle both of these matters for myriad reasons,” Toscano said. “Having said that, we look forward to working toward an amicable resolution of these cases.
In an email, Township Attorney Michael Parlavecchio said the Notice of Claim was received and submitted to the Garden State Municipal Joint Insurance Fund for review.
“The GSMJIF will provide coverage for the township’s defense of the claims, he said, “and the township will be represented by outside counsel in this litigation.”
The township, he said, will be represented by DeCotiis, Fitzpatrick, Cole & Giblin, of Livingston.
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