Motion filed to dismiss investigations into Montclair firefighters and CFO

Attorney Roosevelt Nesmith filed a motion for a temporary restraining order Thursday demanding that Montclair stop investigating two Montclair firefighters – Battalion Chief and Captain Steven Marshalleck and Captain Makkari Sampson.

The filing also calls on Montclair to drop its investigation into Chief Financial Officer Padmaja Rao.

According to the motion, the Town of Montclair is currently investigating employee complaints involving Marshalleck, Sampson and Rao. The nature of the complaints and the identities of those who filed them remain unclear.

In October 2022, Rao filed her high-profile lawsuit. In May, the municipality agreed to a settlement of $1,250,000.

Ongoing investigations

Nesmith told the Local that Marshalleck, Sampson and Rao were not informed about the nature of the investigation.

According to email correspondence from the Hatfield Schwartz Law Group, which was sent to the firefighters on June 18 through their attorney Nesmith, the city is investigating employee complaints against the two.

“We don’t know anything about the investigation. The problem is that they were contacted about this investigation, but they haven’t received any information from the municipality. They refuse to release any of the complaints they claim to be investigating,” Nesmith told the Local.

According to Nesmith, Sampson and Marshalleck believe the complaints are unfounded.

On June 6, Rao received an email from Ruby Kumar Thompson of Cleary Giacobbe Alfieri Jacobs LLC informing her that the municipality was investigating a harassment complaint that several employees had filed against Rao. An attempt was made to return the email that same day. Nesmith told the Local that Rao was unsure if the email was directed at her, but after a few weeks, Cleary Giacobbe Alfieri Jacobs LLC acknowledged the email and requested an interview.

The email CC’d Acting City Manager Michael Lapolla and Human Resources Director Alisha Dawkins, but not Acting City Attorney Paul Burr.

In the email to Rao, Thompson said she would monitor the investigation and inform Lapolla of any findings.

An application for an interim injunction

In the motion for a preliminary injunction, Nesmith requests:

• The Town of Montclair closes its workplace investigations due to employee complaints.
• Refrain from attempting interviews with Marshalleck and Sampson.
• Provide all non-confidential information related to the investigations into Marshalleck, Sampson and Rao.

The filing also includes Rao’s amended complaint, which names Lapolla as a defendant because she allegedly faced ongoing retaliation under Lapolla.

Nesmith told the Local: “In our view, the Montclair administration is continuing its war on its employees. They should settle the Rao case. Now, a few weeks after settling the case, they are launching an investigation that we believe is completely false. Rao has no memory of this and no idea what these investigations might be about.”

“Because Rao is not currently involved in a lawsuit and her lawsuit has been settled, she has not sought a protective order for herself. Until we receive more information about the investigation, we will decide whether to file a retaliation lawsuit against the municipality.”

Allegations of retaliation

“This is continued retaliation against Ms. Rao for her lawsuit. While the council is no longer there, Lapolla remains in office. That is reflected in Bruce Morgan’s complaint against Lapolla,” Nesmith added.

Early last month, Montclair’s affirmative action commissioner Bruce Morgan filed a new lawsuit against Lapolla, claiming it was a “retaliatory campaign.”

In March, Rao filed an amended complaint, alleging that a climate of hostile retaliation continued under Lapolla.

Battalion Chief and Captain Steven Marshalleck and Captain Makkari Sampson first filed their lawsuit in April 2023 against town officials, including former Montclair Fire Chief John Herrmann and former Town Administrator Timothy Stafford. In that complaint, they allege they were subjected to “egregious racial discrimination” while employed by the Montclair Fire Department.

The chapter has emailed Lapolla and Burr and will provide an update if a response is received.

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