Boro comes to terms with former official
Gianotto resigns; each side pays its own legal expenses
BY MICHAEL ACKER
Staff Writer

SAYREVILLE - A lawsuit brought against the borough by its former construction office director has been settled.

The settlement brings an end to a legal battle that began when the borough suspended and pressed disciplinary charges against Michael Gianotto, construction official and director of construction and zoning.

Gianotto fought the charges, which included allegations he failed to safeguard plans for construction projects and was repeatedly absent for duty. As the borough proceeded with several disciplinary hearings, which Gianotto's attorney, David Brook, fought to have open to the public, the borough hired Gianotto's replacement, Kirk Miick, effectively terminating Gianotto.

On June 26, the Borough Council unanimously approved the settlement but did not discuss the matter in public. Both Gianotto and Borough Business Administrator Jeffry Bertrand signed release forms agreeing that neither side would discuss the terms of the settlement. However, the Suburban obtained the documents through the state Open Public Records Act.

In the settlement, Gianotto agreed to submit a letter of resignation effective Jan. 10. In exchange for classifying the separation as a resignation in good standing with all benefits, rights and conditions associated with the separation, Gianotto dismissed any and all claims with the borough.

"It is agreed that in settling this matter, the parties are not admitting to any liability or wrongdoing in any fashion," according to the agreement.

The borough and Gianotto will each pay their own costs associated with the litigation. The borough agreed to pay Gianotto $4,846 for accrued vacation leave as of Jan. 10, and to dismiss all pending disciplinary charges. Also, Gianotto agreed not to seek employment with the borough again.

"I think that there was a lot of time and energy spent on both sides," Brook said, "and I don't think it was worth it overall, but it's a predictable outcome."

Brook contended during the hearings that the charges against Gianotto came about only after Gianotto cited Bertrand, who was his boss, for putting an addition onto his borough home without a building permit.

Bertrand, in response, said during the hearings that Gianotto had been made aware of the issues related to his performance at work before he cited Bertrand's home.

Also, during the legal battle it came to light that the Board of Education had begun work on its $47 million high school renovations last year without receiving full building permits from the borough. The building department has since issued full permits and the project is still on schedule to finish by the 2009 deadline.

The controversy surrounding the construction department involved allegations that it ran a complicated and delayed approval process for the high school and residents' projects.

Brook told the Suburban this week that Gianotto is not in good health, and that played a role in the decision to settle.

"To continue on would have been very disruptive to him," Brook said. "He is retiring."

Brook offered a general comment in light of the settled lawsuit.

"The problem with the society and the system we live in is when somebody believes that a wrong is being committed and they try to right it, many times it relates to having resources as to whether you are right or wrong," Brook said.