As reported by nj.com, when William Stephens ran for Mayor of Edison in 2005, township firefighters supported his opponent Jun Choi, who won. Firefighters claims Stephens never forgot. Four years later, then-Councilwoman Antonia Ricigliano defeated Choi, took office and appointed Stephens as her management specialist. 

In a federal court suit filed last week, firefighters say they have been targets of political payback from Stephens through policies he imposed to cut shifts and reduce firefighters’ assignments. The firefighters’ union, and three firefighters, filed suit naming Ricigliano, Stephens, assistant public safety director Richard Laid, and recently fired business administrator Dennis Gonzalez.

“Defendants have consistently imposed penal policies on the fire department in retribution for (firefighters) political opposition to Stephens,” as well as firefighters’ criticism of the administration’s policies, the suit states. Stephens denies the retribution claim and said charges were made to cut costs.

When Ricigliano ran for mayor in 2009, firefighters stumped for her as she promised to bolster public safety. Since the mayor took office in January 2010, her alliance with the union has dissolved.

Named as the plaintiffs in the federal lawsuit are firefighters Anthony Pepe, James Walsh, and Christopher Seich along with the union, International Association of Firefighters Local 1197, and union president Robert Yackel. According to the suit, in 2005, the firefighters individually campaigned against Stephens, who indicated he would retaliate. 

The suit also states that firefighters have public criticized Ricigliano’s policies. In retaliation, the suit contends, staffing at each firehouse was cut from 22 firefighters per 24-hour shift to 20. In addition, Ricigliano hired full-time emergency medical technicians, ending the practice of rotating firefighters to staff first aid squads. Walsh and Pepe received an additional $279.39 in every biweekly pay check for work as EMTs the suit states.

Ricigliano and Stephens defend the charges as saving tax dollars, and say that fire department overtime cost Edison $2 million in 2010, but has been cut to $25,000 for the first four months of this year. “We are very proud that we are able to provide a service to the people of Edison and at a cost-savings,” Stephens said. He said the township has volunteer firefighters to supplement the department, and the staff cut was not a safety risk, a contention union members dispute.

In the suit, the plaintiffs claim the retribution violates their rights to free speech and free assembly as union members.

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DONALD C. BARBATI, JR.

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues…

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues litigated before the courts and administrative tribunals throughout the State of New Jersey. In addition, Mr. Barbati also routinely represents individuals in various types of public pension appeals, real estate transactions, and general litigation matters. He is a frequent contributor to the New Jersey Public Safety Officers Law Blog, a free legal publication designed to keep New Jersey public safety officers up-to-date and informed about legal issues pertinent to their profession. During his years of practice, Mr. Barbati has established a reputation for achieving favorable results for his clients in a cost-efficient manner.

Mr. Barbati has also handled numerous novel legal issues while representing New Jersey Public Safety Officers. Most notably, he served as lead counsel for the Appellants in the published case In re Rodriguez, 423 N.J. Super. 440 (App. Div. 2011). In that case, Mr. Barbati successfully argued on behalf of the Appellants, thereby overturning the Attorney General’s denial of counsel to two prison guards in a civil rights suit arising from an inmate assault.  In the process, the Court clarified the standard to be utilized by the Attorney General in assessing whether a public employee is entitled to legal representation and mandated that reliance must be placed on up-to-date information.

Prior to becoming a practicing attorney, Mr. Barbati served as a judicial law clerk to the Honorable Linda R. Feinberg, Assignment Judge of the Superior Court of New Jersey, Mercer Vicinage. During his clerkship Mr. Barbati handled numerous complex and novel substantive and procedural issues arising from complaints in lieu of prerogative writs, orders to show cause, and motion practice. These include appeals from decisions by planning and zoning boards and local government bodies, bidding challenges under the Local Public Contract Law, Open Public Records Act requests, the taking of private property under the eminent domain statute, and election law disputes. In addition, Mr. Barbati, as a certified mediator, mediated many small claims disputes in the Special Civil Part.

Mr. Barbati received a Bachelor of Arts degree in history, magna cum laude, from Rider University in Lawrenceville, New Jersey. Upon graduating, Mr. Barbati attended Widener University School of Law in Wilmington, Delaware. In 2007, he received his juris doctorate, magna cum laude, graduating in the top five percent of his class. During law school, Mr. Barbati interned for the Honorable Joseph E. Irenas, Senior United States District Court Judge for the District of New Jersey in Camden, New Jersey, assisting on various constitutional, employment, and Third Circuit Court of Appeals litigation, including numerous civil rights, social security, and immigration cases.