Burnip files $11.5M suit against Red Bank
Parking director resigns, citing ill health, suspension
BY LAYLI WHYTE
Staff Writer

One year after filing a notice of intent to sue, former Parking Director Neil Burnip has filed a civil lawsuit against the borough of Red Bank, seeking $11.5 million in damages.

According to the suit filed on Oct. 10 with the Superior Court of New Jersey Law Division, Freehold, Burnip's resignation from the job, which he had held since 2002, was effective Oct. 6.

The suit seeks general damages, including compensation for alleged financial and economic loss, in the amount of $1.5 million, and punitive damages in the amount of $10 million, as well as legal costs, to be determined.

In the complaint, Burnip alleges that he was discriminated against by Councilman John P. Curley and former Red Bank Councilwoman and current state Assemblywoman Jennifer Beck on the basis of his country of origin, which is England.

The suit states that as "upper management" in the borough, Curley and Beck were agents of the borough, and therefore Burnip's "employers," although Beck and Curley are not named as co-defendants with the borough.

In the lawsuit filed Oct. 10, Burnip is representing himself. He did not respond to phone calls requesting comment.

Assistant Borough Attorney Thomas Hall said Monday that he believes borough labor attorney James Plosia will represent the borough in the suit.

The pretrial judge assigned to the suit is Superior Court Judge Jamie S. Perri.

In the complaint, Burnip characterizes statements made publicly by both Beck and Curley as "xenophobic" and "defamatory."

"Curley and Beck," the complaint states, "objected to my 'reappointment' at the council reorganization meeting of January 2004 - notwithstanding the fact that I am not an appointed employee. The effect, if successful, would have led to my termination."

Burnip's suit states that he believes the reason Curley and Beck opposed his position at the borough is based on his nationality.

Curley said Monday that he was not aware of the suit filed by Burnip, but that he expected to discuss the matter with the full Borough Council at Monday night's executive session.

When Burnip filed a tort claim indicating his intention to sue in September 2005, Curley said he believed the parking director position should be eliminated, and that Burnip's nationality had nothing to do with that belief.

The claim prompted an investigation by the borough into allegations that Curley and Beck had discriminated against Burnip.

An investigation by Plosia subsequently found no basis for the discrimination charge.

During his campaign for his second term on council last year, Curley circulated a letter which questioned the need for the position of parking director and the process through which Burnip was hired.

Burnip cites this letter in his lawsuit as an example of Curley's alleged discrimination against him.

"He wrote the letter because he objected to the 'recruitment of personnel from across the Atlantic,' " the lawsuit states. "Since I am the only foreigner of foreign birth in borough hall, that can only be a reference to me."

Burnip's suit states that this letter is incontrovertible "evidence of the xenophobic motive that underpinned both his prior, and subsequent, unlawful actions and statements."

The suit claims that Burnip's impending termination was not, as claimed by the borough, the result of claims by another borough employee of sexual harassment by Burnip, but as retaliation for the tort filed by Burnip last year.

The female employee, represented by attorney Norman M. Hobbie, filed a notice of tort claim against the borough, specifically naming Burnip, on Sept. 15.

The tort claims that Burnip "did stalk, sexually harass, and physically and emotionally harass and torment claimant, causing her to feel threatened; did inappropriately touch and restrain claimant for the purpose of gratifying himself."

Burnip has declined to comment on the sexual harassment claim, although he refers to a hearing on the charge in his letter of resignation to the borough, calling it a "travesty."

Burnip has been on unpaid leave since September, and states in his letter of resignation to Borough Administrator Stanley Sickels, that his "ill health" is an additional factor in his decision to resign.

"Since my illness is not in doubt," the letter states, "and you effectively prevented me from using sickness hours accrued to cover this period of ill health because you suspended me without pay (i.e. economic coercion on your part), I look forward to receipt of immediate and full payment of unused sickness hours earned thus far."

Furthermore, Burnip's letter also states that the borough is obligated to pay for his plane ticket back to Great Britain, as well as the shipping costs of his personal effects back to his country of origin.