Lower MUA Pays Settlement with Second Former Employee

VILLAS — The Herald, through an Open Public Records Act request, obtained a copy of a settlement agreement between the Lower Township Municipal Utilities Authority (MUA) and a second former employee, Cathryn Armbruster, whose job was eliminated along with another office worker.
MUA will pay Armbruster $25,000 to settle all claims.
At a September MUA Board of Commissioners meeting, the board approved a settlement agreement with two former MUA office employees, Armbruster and Dawn Cottrell, whose jobs were eliminated in October 2009.
Cottrell also will receive a $25,000 settlement to be delivered by Jan. 6, 2012.
In 2009, MUA commissioners approved the creation of a new position of chief financial officer, hiring Cynthia Oster. In a written statement at an Oct. 16, 2009 MUA meeting, Cottrell said there was no possibility that a CFO could do the work of the two women. She said she believed the layoffs were for “personal reasons.”
Cottrell said Armbruster was being punished for bringing in a labor union.
Arbruster’s agreement states she was terminated effective Dec. 31, 2009 after her position was eliminated through a layoff plan submitted to and approved by the New Jersey Civil Service Commission. It states Armbruster filed an appeal contesting the elimination of her job.
On Oct. 20, 2009, the United Food and Commercial Workers Union, Local 152 filed an unfair labor practice charge with the Public Employment Relation Commission.
The agreement states as a result of the appeal, a hearing was scheduled before the state Office of Administrative Law. Local 152 filed a second unfair labor charge with the Civil Service Commission. The MUA denied any and all liability in the appeal.
The settlement specifies that Armbrster asserts the payment is for “non-economic damages including but not limited to pain, suffering, humiliation, embarrassment, disability and loss of enjoyment of life. No portion of the settlement payment represents, or is intended to represent payment for loss of income or punitive damages.”
It notes unemployment compensation is not applicable since the settlement amount does not represent lost wages from the MUA.
Armbruster waived any claims against the MUA for attorney fees. The MUA also waived its attorney costs against Cottrell.
She agreed not to bring any further claims against the MUA. The agreement does not interfere with Cottrell’s right to file a charge with the Equal Employment Opportunity Commission.
At a Feb. 2010 meeting, MUA employees accused then MUA Executive Director Mike DeMarcantonio of eliminating two office positions to fund the $75,000 to $90,000 salary range for a new CFO position.