Former bus. admin. sues Seda, Santos and town
Andrew Salerno claims defamation of character in civil suit
BY DAVE BENJAMIN
Staff Writer

A complaint has been filed in state Superior Court, Toms River, by a former Jackson business administrator that names Jackson Mayor Mark Seda, Business Administrator William Santos and the township itself as defendants.

The five-count complaint filed on April 2 by attorney Steven Glickman on behalf of his client, former Jackson business administrator Andrew Salerno, alleges defamation, tortuous interference with business and/or economic advantage, civil conspiracy, intentional infliction of emotional harm and negligent infliction of emotional harm.

The complaint seeks compensatory damages, punitive damages, costs for suit, attorney fees and any and all other relief deemed equitable and appropriate by the court.

The suit demands copies of all insurance policies covering the time period of the incidents mentioned in the complaint. There is also a demand for a trial by jury.

"Mr. Salerno was a public employee, the [former] business administrator, who worked for both Democratic and Republican administrations," Glickman said. "It didn't matter to him [what party was in power]. He just wanted to do his job."

Glickman said someone made a comment that this was political in nature.

"It's not," said the attorney. "Having his name bantered around the way it was is the initiative for filing the suit."

Background information in the complaint states that Salerno was appointed Jackson's business administrator in October 2004. Seda was elected mayor in May 2006 and on June 30 Salerno was fired. Santos was appointed as business administrator on July 1.

The complaint states that on Aug. 3, Seda published a statement in the Ocean County Observer accusing Salerno of "gross incompetence," misappropriation of funds and implied Salerno had engaged in criminal conduct.

The complaint states that on Aug. 24, Santos caused to be published in the same newspaper a statement accusing Salerno of mismanagement and of spending money "like a drunken sailor."

The complaint states that on Oct. 22, township officials released a statement accusing Salerno of "malfeasance and mismanagement of the township's budget" and states that municipal officials would notify the New Jersey Department of Government Affairs, the Ocean County Prosecutor's Office and potentially the U.S. District Attorney for New Jersey about alleged budgetary law violations, implying criminal conduct.

The complaint states that on Oct. 23, Jackson officials published in the same newspaper a statement accusing Salerno of "deception," "irresponsibility," "malfeasance" and "mismanagement" in connection with the municipal budget.

On Oct. 24 at a public meeting, the complaint states, Township Council President Angelo Stallone read a statement into the record accusing Salerno of blatant malfeasance and mismanagement, potential budgetary violations, potential violations of state regulations pertaining to the management of local municipal governments, potential violations of local public contract laws, financial mismanagement, misuse of public funds, misrepresentation and abuse of public trust.

The complaint also states that Stallone indicated that Jackson officials would report the allegations to the Department of Community Affairs, the county prosecutor and the U.S, Attorney General for New Jersey, suggesting criminal conduct.

An Oct. 25 article published in the Asbury Park Press referenced the public meeting and what was said by Stallone, according to the complaint.

The complaint also states that on Oct. 29 at a meeting between the mayor and the Jackson Soccer Club, Seda again accused Salerno of "mismanagement" and conduct tantamount to criminal activity.

According to the complaint, Salerno applied for positions as a business administrator in numerous municipalities and was not been able to obtain employment from Aug. 3 to Jan. 15. His complaint states that he suffered and continues to suffer substantial economic and physical harm and emotional distress and harm.

In commenting on the complaint, Santos said, "It appears to be a typical defamation-type lawsuit, where everybody is inflicted with injury and we deserve damages because of the inappropriate comments that were made. I know the comments I made at budget time previously, and I stand by the comments I made."

Santos said he is ready to give those comments at the appropriate time, which will be when a deposition is taken during the legal proceedings.

"I am prepared to present the information that I based those conclusions on," Santos said. "I actually look forward to it. I think the air will be cleared. Time will prove itself out. We've done nothing wrong. I always tell people anyone can sue anyone for anything. That doesn't mean you will be successful."

Township Attorney George Gilmore, who will represent Seda, Santos and the municipality in a defense against Salerno's complaint, said, "I have had the opportunity to read the complaint. I can tell you I do not remember anything being said that would provide the level of that, giving a cause of action for such actions."

Gilmore also said any individual can sue anybody else at any time for any amount.

"It's the American system of justice," said the attorney. "You have the right to bring a complaint and the courts have to accept it as being filed."

Gilmore said he believes Salerno's complaint is more political theater than about substance and factual claim.

"But obviously when a person files a complaint, an answer will be filed on behalf of the defendants." said Gilmore. "Then we'll start discovery at which time they will take the depositions of both parties and get to the facts and the truth."

The attorney said Salerno is a public figure and because of that he is subject to a higher burden of proof in regard to a claim for libel.

"I do not remember anything being said at any public meeting that I was at that would give cause to a viable action," said Gilmore. "But the claim has been filed and we'll have to take the appropriate steps to defend the town, the mayor and the administrator. And we'll take it from there."