By Anthony G. Attrino
nj.com
MONTCLAIR, N.J. — Three Montclair Fire Department firefighters are planning to sue the township, claiming they’ve endured a hostile work environment and had their reputations tarnished by leaders in the department and other municipal employees.
Attorneys for firefighters William Roth, John Fowler and Peter Albanese, served the township on Tuesday with three notices of intent to sue, placing much of the blame for their unhappiness on two firefighters who have filed lawsuits against the township over claims of racial discrimination.
Roth, Fowler, and Albanese each claim illegal or wrongful workplace policies, intentional infliction of emotional distress and violations of state and federal laws, according to the notices, which were delivered to the township clerk’s office.
The notices were filed a little more than a year after Battalion Chief and Capt. Steven Marshalleck and Capt. Makkari Sampson filed lawsuits alleging rampant racial discrimination within the department.
Marshalleck and Sampson, who are both Black, amended their complaints in March, claiming the township promoted firefighters from a discriminatory exam list. They also claim the fire department promotes employees using a discriminatory duty assignment scheme, according to a Montclair Local report.
Roosevelt N. Nesmith, an attorney representing Marshalleck and Sampson, on Friday called the claims “factually and legally meritless.” A spokesman for Montclair said the township would not comment due to pending litigation.
Patrick Toscano, a Caldwell attorney representing Roth, Fowler, and Albanese, said Wednesday that his clients are all “examples of the true meaning of the American hero, placing their lives on the line day in and day out.”
“Why Montclair would allow the relentless hostile work environment … remains both perplexing and bemusing,” Toscano said in a statement.
Fowler, 47, claims he suffered from loss of sleep, fear of retaliation, and anxiety, along with damage to his reputation after he was mentioned in a news article detailing Marshalleck’s and Sampson’s legal battles with the town.
The article, which was published earlier this year, noted that Marshalleck and Sampson are suing over “race, rank, and assignment.” Fowler’s name was mentioned in the story, according to the notice.
“Being mentioned in a context that not only misrepresented my character and actions but could also significantly damage my reputation in the community,” Fowler wrote in his notice.
Albanese, 33, claims in his notice that he was “incessantly harassed” by Marshalleck and Sampson and that he was transferred to a different group of firefighters on another truck because Sampson did not want to work with him.
Albanese says he sustained permanent damage to his reputation after the transfer and when Sampson allegedly began “poaching other lieutenants to take my spot.”
Roth, 46, claims he was unnecessarily transferred from his work duty assignment by Marshalleck so that Sampson could take his place. Sampson allegedly requested the move because he did not want to work with Albanese, according to Roth’s notice.
“Marshalleck called me while off duty and stated that he was now transferring me to Truck 2. He stated in very vague terms that it was to keep other people happy and for him to keep his ‘mental sanity,’” Roth wrote in his notice.
“It was obvious that he was receiving pressure from Captain Sampson,” Roth’s notice states.
Roth also claims he’s made formal complaints about Marshalleck and Sampson to Acting Fire Chief Robert Duncan and the township’s human resources department to no avail.
The firefighters claim in their notices that Marshalleck and Sampson should have taken time off after filing their lawsuits, but instead have continued to work with other firefighters, some of whom they have disputes with.
“Neither are on administrative leave, left to work alongside the rest of the members of the department,” Roth wrote in a letter to Acting Fire Chief Robert Duncan.
Roth claims in his notice that Marshalleck and Sampson “created this issue” where other firefighters are uncomfortable working with them and that the two spend their days sitting alone with each other.
“They create an environment of secrecy in which many feel they are conspiring,” Roth wrote in his notice.
This post has been updated to include a comment from an attorney representing Steven Marshalleck and Makkari Sampson.
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