Joann Scaturo, CSC Docket No. 2021-1423

BackgroundThe Borough of Roselle (Roselle), represented by Mohamed S. Jalloh, Esq., petitions the Civil Service Commission (Commission) for acknowledgment of the settlement reached between Roselle and Joann Scaturo.

As background, Scaturo’s name was certified for appointment as the number one ranked non-veteran on February 3, 2017 and February 5, 2018 from the eligible list for Police Captain (PM1322T). In disposing of the certifications, Roselle bypassed Scaturo’s name on both certifications and appointed lower ranked eligibles. Subsequently, Scaturo retired effective February 1, 2019. On March 12, 2020, Scaturo filed a complaint in the Superior Court of New Jersey alleging that she was bypassed for promotion due to discriminatory reasons. Thereafter, the parties reached a settlement regarding the court action which is intended to resolve all outstanding disputes between the parties in regard to her complaint.

The settlement provides, in pertinent part, that Roselle will request that the subject list, which expired on April 20, 2019, be revived to allow Scaturo to be appointed from the list and receive a retroactive date of seniority of February 1, 2018. Further, the settlement provides Scaturo a differential back pay award of $14,705.41, and counsel fees.

CONCLUSION

RuleN.J.A.C. 4A:4-3.4 provides that an eligible list may be revived to implement an order of the Commission or for other good cause. Generally, the award of a retroactive appointment date is for seniority purposes only and is limited to situations in which an appellant could have been appointed on the requested retroactive date, but as a result of an administrative error, he or she received a later appointment date.

AnalysisIn the instant matter, a settlement was reached between the parties. The policy of the judicial system strongly favors settlement, and this policy is equally applicable in the administrative area. See Nolan v. Lee Ho, 120 N.J. 465 (1990); Honeywell v. Bubb, 130 N.J. Super. 130 (App. Div. 1974); Jannarone v. W.T. Co., 65 N.J. Super. 472 (App. Div. 1961), cert. denied, 35 N.J. 61 (1961). A settlement will be set aside only where there is fraud or other compelling circumstances. See Nolan, supra. In this matter, no such compelling circumstances exist. Further, a review of the settlement agreement indicates that it does not violate Civil Service law or rules. Accordingly, the Commission acknowledges the settlement agreement in this matter and revives the subject list for the express purpose of recording Scaturo’s appointment to the title of Police Captain, effective February 1, 2018.

ORDER

Therefore, it is ordered that this request be granted, and the Police Captain (PM1322T), Borough of Roselle eligible list be revived and Scaturo’s appointment to the title of Police Captain, effective February 1, 2018 be recorded.

ClosingThis is the final administrative determination in this matter. Any further review should be pursued in a judicial forum.