Court: No Nepotism in Hiring of Mayor’s Son

TRENTON – The New Jersey Appellate Court decided Nov. 9 that the City of Wildwood was within its rights to promote Ernie Troiano III as firefighter captain over Daniel Dunn, who had appealed to the Civil Service Commission from an April 10, 2014 final agency decision. Troiano is the son of Wildwood Mayor Ernie Troiano.
The case was argued Oct. 19.
According to the court:
“In 2004, Dunn and Troiano III became full-time firefighters for Wildwood’s Fire Department. Dunn and Troiano obtained extensive firefighter training and experience on the job and in the classroom. When the position of fire captain became available in Wildwood, Dunn, Troiano, and two other firefighters competed for that promotion.
“Eligibility for promotion required interested candidates to submit to a Civil Service test. Four individuals took the promotional examination and Dunn scored the highest marks, with Troiano coming in second place. The difference in their ranking was less than one percent: Dunn scored 94.48 and Troiano 93.57.
“Leonetti, who is a firefighter in another community, reviewed the qualifications of the candidates, bypassed Dunn, and selected Troiano for the position. Dunn believed Troiano was less qualified for the promotion than he and that Leonetti’s selection of Troiano was the product of improper motives. Dunn appealed Leonetti’s decision to the Commission.
“Dunn submitted several certifications in support of this appeal. In June 2013, Dunn certified that he believed the bypass was the product of nepotism, cronyism, and retaliation. Dunn indicated that Leonetti and the mayor are “good friend(s)” and political allies.
“Dunn detailed purported instances of nepotism and cronyism on the part of the mayor, Leonetti, and another commissioner for Wildwood benefiting Troiano’s brother. Dunn believed Leonetti had shared details with Leonetti’s son-in-law and fellow firefighter, Ron Harwood, regarding a prior bypass appeal filed by Dunn.
“Dunn certified that Harwood spoke out against him, including telling another firefighter that he “will be nothing more than a firefighter.”
“Dunn noted his accomplishments, including obtaining a Bachelor of Science degree in Fire Science, a Master’s in Public Safety Management, and numerous certifications, awards, and commendations. Dunn highlighted his experience as a firefighter/EMT beginning in 1999, a fire prevention specialist, and from several other positions in Wildwood.
“Dunn certified that, while he served as the acting captain of his platoon from December 2012 until March 2013, the fire chief was “battling it out” with Leonetti that Dunn be appointed to the captain position.
“Dunn indicated Troiano was sworn-in to the captain position in a ceremony, and “(n)o one in (the fire department) knew about (the ceremony).” He also certified Troiano made statements suggesting improper motives, including that “(t)his may be (Troiano’s) only chance to get this promotion” and that “Leonetti won’t promote (Dunn).”
“In an August 2013 letter to the commission, Leonetti justified the bypass by relying on Troiano’s leadership abilities. Leonetti maintained, as a firefighter himself, that he observed how firefighters work together, and concluded that Troiano not only possessed the requisite leadership skills, but also that Troiano commanded respect ‘among the rank and file.’
“Leonetti disputed that Dunn is more experienced than Troiano, noting Dunn and Troiano were sworn-in as firefighters on the same day.
“In October 2013, Dunn certified that he had greater experience before joining the fire department than Troiano, questioned Leonetti’s ability to observe Troiano exhibiting leadership abilities when combatting a fire, stated that the current and former fire chiefs recommended him for the captain position, and reiterated his belief that the bypass was the result of improper motives.
“In January 2014, the commission requested more information from Leonetti about Troiano’s qualifications and Leonetti’s reasons for bypassing Dunn in favor of Troiano.
“Leonetti responded by insisting that his decision was ‘completely independent’ and the fact that Troiano is the mayor’s son ‘in no way affected [his] decision . . . .’ Leonetti explained other employees spend time with and respect Troiano; Troiano performs extra work without seeking overtime; Troiano has a better attitude; and Dunn and Troiano are equally experienced, ‘essentially equal in their qualifications, on paper.’
“In February 2014, Dunn submitted another certification to the commission, contrasting his qualifications with Troiano’s, insisting popularity amongst the fire department is not a merit consideration, highlighting his service outside his firefighter duties, disputing that he has an attitude of entitlement, and reiterating his belief that the bypass was the result of improper motives.
“The commission carefully considered the evidence, issued a comprehensive written decision, and rejected Dunn’s argument that retaliation was a factor in the bypass decision. The commission explained preliminarily that Dunn’s assertions regarding Harwood were ‘immaterial in the present matter, as there is no evidence in the record that Harwood was involved in Wildwood’s selection process in general and [Dunn’s] bypass in particular.’
“As to nepotism and cronyism, the commission determined that Dunn failed to present competent evidence of these motives. The commission explained that Dunn ‘merely speculate(d)’ he was a victim of nepotism and cronyism because Troiano is the mayor’s son and Leonetti is a political ally of the mayor.
 “The commission further noted that the alleged prior instances of nepotism and cronyism benefiting Troiano’s brother “do not establish that (Dunn’s) bypass in the instant matter was motivated by nepotism.”
“The commission also found that Leonetti provided legitimate reasons for the bypass. It determined that although Dunn and Troiano were equally experienced, having been sworn-in as full-time firefighters on the same day, Troiano had superior leadership abilities.
“The commission explained that Dunn’s accomplishments in titles other than firefighter did not “per se make him more qualified than Troiano” for the captain position. The commission further reasoned that even if Dunn was more qualified for the captain position, Leonetti properly exercised his discretion under the “rule of three,” which allows a bypass absent improper motives.
“The commission also noted that ‘it is within the appointing authority’s discretion to choose its selection method;’ thus, Leonetti was not required to conduct interviews before appointing Troiano.
“The commission concluded that Dunn failed to establish a prima facie case by a preponderance of the evidence “that his bypass was due to invidious reasons” because Dunn’s assertions were ‘unfounded and unsupported in the record.’
“On appeal, Dunn contends that the commission’s decision is unsupported by substantial credible evidence in the record, and consequently that the Commission’s decision is arbitrary, capricious, and unreasonable. We affirm substantially for the reasons stated by the commission in its written decision of April 10, 2014.”
“We therefore conclude that the (Civil Service) Commission’s decision is not arbitrary, capricious, or unreasonable,” the court concluded.