STONE HARBOR – The deposition of Mayor Judith Davies-Dunhour in the lawsuit brought against the borough by its former administrator, Robert Smith, is still a matter of court argument.
The latest developments in the case began on Oct. 28, when Superior Court Judge James Pickering Jr. issued an order compelling the mayor’s testimony while also limiting the scope of the questioning.
The deposition is part of the pretrial actions in a whistleblower case brought by Smith against the borough. Court documents show a trial date set for May 2025.
Smith charges that he was fired from his job because of his actions to get two members of the Zoning Board of Adjustment to file financial disclosure forms that were late. His contention is Borough Council member Jennifer Gensemer orchestrated an effort on the council to remove him as administrator because one of the zoning officials, Jack Gensemer, is her husband.
Smith originally filed a $1.2 million tort claim against the borough. He later filed his whistleblower litigation in Superior Court in October 2023.
His attorney, Franklin Rooks, asked the court to order the deposition of the mayor, arguing that the borough had engaged in an “unwarranted attempt to obstruct plaintiff’s legitimate efforts to depose” her. Attorneys for the borough filed a counter-motion and secured a protective order that limited questioning in the deposition to events up to Smith’s dismissal by the council.
Now Smith’s attorneys have filed a motion to have the protective order reconsidered. They argue that the borough sought the protective order “to shield itself from the anticipated damaging testimony the mayor will likely provide,” an argument that anticipates that the mayor’s testimony on any events after Smith’s departure would be damaging to the borough’s case.
A request for comment from Davies-Dunhour on the motion for reconsideration received no reply.
Oral argument on Smith’s motion is scheduled for Dec. 6. The case is already more than a year old.
As the issue of reconsideration of the protective order plays out, court submissions show that borough attorneys objected to the presence of Smith co-counsel Scott Pollins during the deposition of Jennifer Gensemer.
The concern is that Pollins is the attorney involved in another suit against the borough, where he represents Megan Brown, a current borough employee who has sued the borough and its administrator, Manny Parada, for sexual harassment. Her suit also alleges retaliation and claims whistleblower status. Brown filed suit on April 12.
To complicate matters further, former Borough Clerk Kimberly Stevenson filed suit on June 5 against the borough, Parada and Jennifer Gensemer. Stevenson’s suit has six counts, including sexual harassment, retaliation and invasion of privacy. Parada has denied her allegations.
Contact the reporter, Vince Conti, at vconti@cmcherald.com.
