Motion filed to halt investigation into Montclair firefighters, CFO

Attorney Roosevelt Nesmith filed a motion Thursday for a protective order requiring Montclair to end investigations into two Montclair firefighters: Battalion Chief and Capt. Steven Marshalleck and Capt. Makkari Sampson.

The filing also demands that Montclair end its investigations into Chief Financial Officer Padmaja Rao.

According to the motion, the Montclair City Council is currently investigating employee complaints involving Marshalleck, Sampson and Rao. The nature of the complaints and the identity of the individuals who filed them remain unclear.

In October 2022, Rao filed his lawsuit, which caused a stir. In May, the city agreed to pay $1,250,000.

Ongoing investigations

Speaking to The Local, Nesmith said Marshalleck, Sampson and Rao were not informed of the nature of the investigations.

According to emails sent by the Hatfield Schwartz Law Group to the firefighters on June 18 through their attorney Nesmith, the city is investigating employee complaints about both of them.

“We don’t know anything about the investigation. The problem is they’ve been contacted about it, but they haven’t received any information from the municipality. They refuse to provide the complaints they say they’re investigating,” Nesmith told The Local.

Nesmith, Sampson and Marshalleck believe the complaints are without merit.

On June 6, Rao received an email from Ruby Kumar Thompson of Cleary Giacobbe Alfieri Jacobs LLC informing her that the city was investigating a harassment complaint filed against Rao by several employees. The same day, an attempt was made to recall the email. Nesmith told The Local that Rao was unsure whether the email was intended for her, but after a few weeks, Cleary Giacobbe Alfieri Jacobs LLC confirmed the email and requested an interview.

The email included a copy of interim city manager Michael Lapolla and human resources director Alisha Dawkins, but did not include interim city attorney Paul Burr.

In the email to Rao, Thompson said she would oversee the investigation and report any findings to Lapolla.

A request for a protective order

In the motion for a protective order, Nesmith asks:

• Montclair Township ends investigations into employee complaints.
• Cease and desist seeking interviews with Marshalleck and Sampson.
• Produce all non-privileged information regarding his investigations into Marshalleck, Sampson and Rao.

The filing also contains Rao’s amended complaint naming Lapolla as a defendant because of the alleged ongoing retaliation she faced under Lapolla.

Speaking to the Local, Nesmith said, “We believe the Montclair administration is continuing its war on its employees. They were supposed to settle the Rao case. Weeks after settling it, they are now launching what we consider to be completely bogus investigations. Rao has no recollection or idea of ​​what this investigation might entail.”

“Given that Rao is not currently facing charges and her lawsuit was settled out of court, she has not sought a protective order for herself. Pending further information regarding the investigation, we will determine whether to file a retaliation complaint against the municipality.”

Allegations of retaliation

“This is ongoing retaliation against Ms. Rao because of her lawsuit. While the board is gone, Lapolla remains in place. This was manifested in Bruce Morgan’s complaint against Lapolla,” Nesmith added.

Earlier last month, a new lawsuit filed against Lapolla by Montclair affirmative action manager Bruce Morgan alleged a “campaign of retaliation.”

In March, Rao filed an amended complaint claiming that a hostile retaliatory environment continued to exist under Lapolla.

Battalion Chief Capt. Steven Marshalleck and Capt. Makkari Sampson filed their first lawsuit in April 2023 against township officials, including former Montclair Fire Chief John Herrmann and former township manager Timothy Stafford. In the lawsuit, they claim they were victims of “blatant racial discrimination” within the Montclair Fire Department.

The local chapter has sent an email to Lapolla and Burr and will provide an update if there is a response.

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