Borough Pays Settlement in Harassment Suit

WEST WILDWOOD – On Dec. 31, 2014, West Wildwood agreed to settle a lawsuit centering on allegations of harassment and trespassing filed by a local couple stemming from the actions of former borough officials that began in 2008.
The borough agreed to pay $350,000 to James and Lori Perloff who had filed their lawsuit comprising over 40 pages claiming that borough officials retaliated against them because they played a part in seeking a recall election and for making public alleged voting irregularities and numerous other instances of official malfeasance.
The Perloffs claimed that former mayor Herbert Frederick and former commissioner Gerard McNamara had a 66-foot wall built in the public right of way, adjacent to their property, which prevented them from using their garages and driveway.
According to the Perloffs, that was just one of many retaliatory actions Frederick and McNamara took against them for politically opposing them. The Perloffs also requested a jury trial in a case that was heard at the federal level by the U.S. District Court for the District of New Jersey.
Per the settlement agreement none of the Perloffs’ allegations have been proven or disproven in court and the resolution expressly states that the $350,000 payment does not constitute an admission of wrongdoing by West Wildwood or any of its officials. Per usual settlement strategy, all that can be deduced from the payment is that West Wildwood and/or its insurance company preferred to pay the Perloffs $350,000 rather than take the matter to trial.
According to John Paff, chairman of N.J. Libertarian Party’s Open Government Advocacy Project, who has followed this case as well as other similar cases in the public domain, “In regular negligence cases (car accidents and slip-and-fall cases) there is no downside to cases settling rather than going to trial. Settlement is a positive outcome because it saves the court’s resources. But when the defendant is a government official against whom wrongdoing is alleged, the public has a stake in the outcome and needs to know the truth of the lawsuit’s allegations so it can hold any wrongdoing government officials accountable.
“Here, taxpayers (or taxpayer-funded insurance) paid out $350,000 to the alleged victim of alleged acts of retaliation allegedly inflicted by West Wildwood officials. But where is the investigation to discover whether or not the complaint’s allegations are true and if anyone should be held accountable? There is none, or if there is, the public will never be permitted to see the results. To make matters worse, the original settlement agreement contained a confidentiality clause (probably inserted by the borough) that would have prevented the Perloffs from disclosing the amount of the settlement. It’s essentially a case of paying off the purported victim with $350,000 of taxpayer money while at the same time depriving the taxpayers of knowing what actually occurred,” Paff stated.
Specifics of the case were submitted in great detail in lengthy pleadings and describe a number of adversarial and unpleasant encounters between the two sides. For example, on or around May 20, 2008, Lori Perloff volunteered as an election challenger for the borough election held that day. While waiting for his wife outside the steps of Borough Hall on Election Day, James Perloff claimed to have overheard a conversation between Frederick and another individual when Frederick disparagingly referred to Perloff.
On another occasion, on or around June 1, 2008, while having dinner on the second-floor deck of their residence, at approximately 8:10 p.m., the Perloffs witnessed Frederick approach the borough fire department in his vehicle and drive behind the fire department building where he then remained for approximately 10 minutes. He then exited the fire department driveway while honking his horn, waving his arm, and flashing his lights at the Perloffs for approximately two minutes.
Perloff then telephoned Public Works Supervisor James Fox to report that Frederick had trespassed upon Public Works property and a police report was filed in which Frederick was accused of harassment and Perloff was listed as the victim.
Another harassment charge alleging that the “Mayor of West Wildwood Herbert C. Frederick and Commissioner McNamara committed threats against a West Wildwood Resident (Perloff) that could would [sic] inflict serious bodily injury.”
For approximately three months, beginning in October 2008 and into December 2008, Frederick displayed two tombstones beneath two gargoyles outside his residence. One tombstone displayed the letters “C.F.” and the other displayed the letters “J.P.” Christopher Fox, previous mayor, has the initials “C.F.” Perloff has the initials “J.P.”
In addition to those claims of harassment, the Perloffs also alleged that a wall was built as a result of borough trespassing that allowed water run-off and unknown liquid contaminants to enter their property and so damage it as to render it unusable.
The Herald contacted both counsel for the plaintiff, Paul D’Amato, and counsel for the borough-defendant, Richard Meternich, and its insurance company throughout these legal proceedings. At press time, neither responded.
To contact Camille Sailer, email csailer@cmcherald.com.