Judge Rejects Lawsuit Against Township

CAMDEN—A federal judge has ruled against a former Department of Public Works (DPW) director who claimed he lost his job in late 2009 for political reasons.

U.S. District Court Judge Joseph E. Irenas on April 15 dismissed all six counts of the lawsuit filed in February 2010 by former township DPW director Gabriel Busa.

Busa claimed in the suit that he was terminated because Mayor David Mayer and his Democratic administration deemed him to be "a member of either the Republican Party or a different faction of the Democratic Party."

Irenas opined that the township's incoming mayors "may appoint a director of his choosing" even if for political reasons.

"While the statutory requirement of certification may suggest a Legislative intent to professionalize the position, this alone is not sufficient to support a finding that the position was intended be de-politicized in a municipality that has not passed a tenure ordinance for the position," Irenas said.

The township had argued the DPW director's position is an inherently political one since "it is a policymaking position that wields a great deal of influence over the township's public works decisionmaking."

"I am very pleased that the court affirmed my decision to build an effective management team," Mayer said of Irenas' decision.

An appeal is in the works, according to Mark Cimino, Busa's attorney. The appeal will be filed with the U.S. Court of Appeals for the Third Circuit, in Philadelphia.

"We're confident that on appeal we'll be successful," the Deptford attorney said this week.

In addition to claiming his firing was purely political, Busa argued through the suit that he was wrongly denied compensation for 80 unused days of sick time.

Township code dictates that employees hired after Feb. 1, 1988, will not be compensated for unused sick days upon separation.

While he was not hired until 1992, Busa contended that because he had served on Township Council prior to Feb. 1, 1988, he was entitled to cash in on the unused sick time.

Irenas disagreed, noting the ordinance dictating compensation for unused sick days does not apply to elected officials.

"Plaintiff did not obtain a position as a department head, entitling him to the accumulation of sick time, until after Feb. 1, 1988," the judge wrote.

Busa, who was elected to Council as a Democrat, served as DPW director from February 1992 through December 2009, serving in the position under Democratic mayor Sandi Love and Republican mayor Cindy Rau-Hatton.

Busa was informed in a Dec. 21, 2009, letter that he would not be retained as Mayer's DPW director.

Mayer, who won the mayor's office in November 2009, installed Len Moffa, whom Busa described in the lawsuit as "an active participant in the Democratic party," as DPW director.

Busa acknowledged with the lawsuit that he did receive roughly $28,000 as compensation for 80 unused vacation days upon separation from the township.