K. McClure Attorney At Law E. SMITH EIBELER9 LLC tel. 732.935.7246 facsimile. 732.444.1096 December 28, 2018 VIA FEDERAL EXPRESS Department of the Treasury Bureau of Risk Management STATE OF NEW JERSEY 20 West State Street 6th Floor Trenton, New Jersey 08625 Attn: Tort Claims Unit Re: Katherine Brennan Initial Notice of Claim for Damages Against The State of New Jersey (Long Form with attached Exhibit A) Dear Madam/Sir: On behalf of our client, Katherine Brennan, enclosed for service upon the State of New Jersey please find an original and one copy of an Initial Notice of Claim for Damages Against the State of New Jersey (Long Form) with attached Exhibit A. ShOuld you have any questions or require further information, please do not hesitate to contact me. Very truly yours, SMITH EIBELER, LLC ?7 ngiaww ?w RE ESQ. cc. Daniel M. Vannella, Esq. (Via E- mail and Federal Express) Deputy Attorney General Section Chief, Tort Litigation Judiciary Section, Division of Law Ms. Katherine Brennan Smith Eibeler, LLC 0 At Bell Works 0 101 Crawfords Corner Road 9 Suite Holmdel, New Jersey 07733 INITIAL NOTICE OF CLAIM, FOR DAMAGES AGAINST. THE STATE OF NEW JERSEY FOWARD TO: DEPARTMENT OF THE TREASURY DIVISION OF RISK MANAGEMENT 20 WEST STATE ATREET, PO BQX 620 TRENTON, NEW JERSEY 08625-0620 PHONE: (509) 292-4347 FORM MUST BE 90 DAYS OF THE ACCIDENT OR YOU MAY FORFEIT YOUR RIGHT NAME OF ACLAIMANT MR. OR was.) cmas owe STREET ADDRESS AA A :3 A A STATE ZIP CODE DATE OF BIRTH DAYTIME HONE NUMBER SOCIAL SECURITY NUMBER 2. IF NOTICES AND CORRESPONDENCE IN CONNECTION WITH THIS CLAIM ARE TO BE SENT TO A PERSON OTHER THAN CLAIMANT, COMPLETE ITEM ., . ?Cf? A MAMAE NAME OF STREET ADDRESS TELEPHONE NUMBER CITY STATE ZIP CODE RELATIONSHIP TO CLAIMANT: DOTHER (SPECIFY) 3A. CIRCUMSTANCES REGARDING THE OCCURRENCE OR ACCIDENT: A A AND. IIME 2/ LOCATION (MILEPOST, GROSS STREET) AE AW STATE 5 NAME STATE firm?? CITY EA A A 3? AA AA EAA STATE PLATE AND VEHICLE DESCRIPTION g, ?aw? Em AA 33. DESCRIBE THE ACCIDENT OR OCCURRENCE: IF A DIAGRAM WILL ASSIST YOUR EXPLANATION, USE A SEPARATE SHEET AND ATTACH IT TO THIS FORM 5AA .. A 3C. STATE THE NAME AND ADDRESS OF THE STATE AGENCY OR AGENCIES THAT YOU CLAIM CAUSED YOUR DAMAGE. INJURY I DPROPERTY DAMAGE DOTHER-EXPLAIN STATE THE NAMES OF STATE EMPLOYEES WHOM YOU CLAIM WERE AT FAULT, INCLUDING ANY INFORMATION THAT WILLASSIST IN INDENTIFYING AND LOCATING THEM. 3430. STATE THE NEGLIGENCE OR WRONGFUL ACTS OF THE STATE AGENCY AND STATE EMPLOYEES WHICH CAUSED YOUR DAMAGES. ADA WA AW 3E. STATE THE NAME AND ADDRESS OF ALL WITNESSES TO THE ACCIDENT OR OCCURRENCE. A AAVAA WAZAWA 35.. STATE THE NAMES OFALL ROLLCEOFEICE RS AND WVESTIGATED THIS ACCIDENT. PROVIDE POLICE REPORT CASE NUMBER, IF AVAILABLE. gng? A AA AD AA 4A. CLAIM FOR DAMAGES (CHECK APPROPRIATE BLOCK): 48. IF YOU CLAIM PERSONAL INJURY: (1) DESCRIBE YOUR INJURIES RESULTING FROM THIS ACCIDENT OR OCCURRENCE. (2) DO YOU CLAIM PERMANENT DISABILITY RESULTING FROM THIS INJURY: DYES IF YES, DESCRIBE THE INJURIES BELIEVED To BE PERMANENT. (3) FOR EACH HOSPITAL, DOCTOR OR OTHER PRACTITIONER RENDERING TREATMENT, EXAMINATION OR DIAGNOSTIC SERVICES, STATE: NAME OF HOSPITAL, DATES OF AMOUNT OF AMT. PAID OR PAYABLE DOCTOR OR OTHER ADDRESS TREATMENT CHARGE TO BY OTHER SOURCE, I.E. FACILITY OR SERVICE DATE INSURANCE (4) IF you CLAIM LOSS OF WAGE 0R INCOME As A RESULT or THE INJURY STATE: . LEM ME EQN NAME OF EMPLOYER ADDRESS OF EMPLOYER YOUR OCCUPATION DATE YOU BECAME EMPLOYED RATE OF PAY . DATE OF ABSENCE FROM WORK TOTAL LOSS WAGES TO DATE IF STILL OUT, EXPECTED DATE OF RETURN NOTE: IF YOUR CLAIMED LOSS OF INCOME ARISES FROM SELF-EMPLOYMENT OR OTHER THAN WAGE, ATTACH ACALCULATION SHOWING THE BASIS OF YOUR CALCULATION OF LOST INCOME. (5) SET FORTH ANY AND ALL OTHER LOSSES OR DAMAGE CLAIMED BY YOU. 4c. IF you CLAIM PROPERTY DAMAGE: (1) DESCRIBE THE PROPERTY DAMAGED. 'f (2) THE PRESENT LOCATION AND TIME WHEN THE PROPERTY MAY BE INSPECTED. (3) DATE PROPERTY ACQUIRED (4) COST OF PROPERTY 5 (5) VALUE OF PROPERTY AT TIME OF ACCIDENTS (6) DESCRIPTION OF DAMAGE. (7) HAS THE DAMAGE BEEN DYES DNO I IF 50, BY AND COST OF REPAIRS. (8) EACH ESTIMATE OF REPAIR COSTS TO THIS FORM. (9) SET FORTH IN DETAIL THE LOSS CLAIMED BY YOU FOR PROPERTY DAMAGE. 4D. SET FORTH IN DETAIL ALL OTHER ITEMS OF LOSS OR DAMAGESELAIMED BY YOU AND THE METHODBY WHICH YOU MADE THE CALCULATION. u; 5. THE AMOUNT OF THE CLAIM 6. HAVE YOU MADE A CLAIM AGAINST ANYONE ELSE FOR ANY OF THE LOSSES OR EXPENSES CLAIMED IN THIS DYES IF YES, SET FORTH THE NAME AND ADDRESS OF ALL PERSONS AND INSURANCE COMPANIES AGAINST WHOM YOU HAVEMADE SUCH CLAIMS: 7. ARE ANY OF THE LOSSES OR EXPENSES CLAIMED HEREIN COVERED BY ANY POLICY OF DYES DNO EIE I II I: FOR EACH SUCH POLICY, STATE THE NAME AND ADDRESS OF THE INSURANCE COMPANY, POLICY-NUMBER AND BENEFITSPAID OR PAYABLE. s. HAVE YOU RECEIVED DR AGREED To RECEIVE ANY MONEY FROM ANYONE FOR THE DAMAGES CLAIMED DYES END IF YES, SET FORTH THE DETAIL OF SUCH AGREEMENT. I 9. THE FOLLOWING ITEMS MUST BE SUBMITTED WITH THIS NOTICE: (1) COPIES OF ITEMIZED BILLS FOR EACH MEDICAL EXPENSE AND OTHER LOSSES AND EXPENSES CLAIMED. (2) FULL COPIES OF ALL APPRAISALS ANDESTIMATES OF PROPERTY DAMAGE CLAIMED BY YOU. (3) COPIES OF ALL WRITTEN REPORTS OF ALL EXPERT WITNESSES AND TREATING PHYSICIANS. (4) A LETTER FROM YOUR EMPLOYER VERIFYING YOUR LOST WAGES. IF SELF-EMPLOYED, A STATEMENT 2 SHOWING THE CALCULATION OF YOUR CLAIMED LOST INCOME. I HEREBY CERTIFY THAT THE FOREGOINGSTATEMENTS MADE BY ME ARE TRUE. THAT THE ATTACHED STATEMENTS, BILLS, REPORTS ANDDOCUMENTS ARE THE ONLY ONES KNOWN TO ME TO BE IN EXISTENCE AT THIS TIME. I AM AWARE THAT IF ANY STATEMENT MADEHEREIN IS WILLFULLY FALSE OR FRAUDULENT, THAT I AM SUBJECT TO PUNISHMENT PROVIDED BY LAW. 1/ I I x? WE EEI. . DATE . ON BEHALF OF CLAIMANT EXHIBIT A KATHERINE BRENNAN INITIAL NOTICE OF CLAIM FOR DAMAGES AGAINST THE STATE OF NEW JERSEY 3B. DESCRIBE THE ACCIDENT OR OCCURRENCE: IF A DIAGRAM WILL ASSIST YOUR EXPLANATION, USE A SEPARATE SHEET OF PAPER AND ATTACH IT TO THIS FORM. In the early hours of Saturday, April 8, 2017, Katherine Brennan, who was working for Murphy for Governor, Inc., the campaign to elect Philip D. Murphy as Governor of New Jersey (the ?Campaign?), was sexually assaulted by Albert J. Alvarez, Director of Latino/Muslim Outreach for the Campaign. The sexual assault occurred following a campaign event in Jersey City, New Jersey. On Sunday, April 9, 2017, Ms. Brennan reported the sexual assault to a friend, Justin Braz, who currently serves as the Deputy Chief of Staff for Legislative Affairs for Governor MUrphy?s Administration, and the Jersey City Police Department. Shortly thereafter, Ms. Brennan reported the sexual assault to the Hudson County Prosecutor?s Office. On December 1, 2017, Ms. Brennan notified Mr. Braz that she believed that the arrest of Mr. Alvarez was imminent. Ms. Brennan asked Mr. Braz what action he thought should be taken in view?of the negative public impact Mr. Alavarez?s arrest could have on Governor-Elect Murphy?s Administration. Mr. Braz suggested that Ms. Brennan authorize him to alert legal counsel for the State of New Jersey Transition Office for Governor?Elect Philip Murphy (the ?Transition Office?) about Ms. Brennan?s allegations. Ms. Brennan agreed with Mr. Braz?s suggestion. On December 4, 2018, Mr. Braz testified before the New Jersey Legislative Select Oversight Committee?(?the Committee?) that on December 1, 2017, he told Chief of Staff Pete Cammarano and Transition Office legal counsel Rajiv D. Parikh, Esq., that Mr. Alvarez had been accused of sexual assault and would possibly be arrested. Later the same day, December 1, 2017, the Hudson County Prosecutor?s Office notified Ms. Brennan that it would not proceed with criminal action against Mr. Alvarez. Ms. Brennan conveyed the Hudson County Prosecutor?s Office?s decision to Mr. Braz who testified that he, in turn, communicated the information to Messrs. Cammarano and Parikh. Mr. Braz subsequently advised Ms. Brennan that he had conveyed the decision of the Hudson County Prosecutor?s Office to Messrs. Cammarano and Parikh. Ms. Brennan asked Mr. Braz ifthe individual who he told asked any questions or required any further information from her. Mr. Braz responded no. During the Committee hearing on December 4, 2018, it was revealed through questioning by Committee members that Mr. Parikh wrote an e-mail on or about December 3, 2017, listing options for responding to Ms. Brennan?s allegations which included, among others, the purported option of ?do nothing.? Page 1 of 6 in or about November and December 2017, the Transition Office acted unlawfully, intentionally, negligently and/or with reckless indifference by hiring and retaining Albert J. Alvarez in the position Deputy Director of Personnel for the Transition Office, reporting to Director of Personnel Haynes. The Transition Office acted. unlawfully, intentionally, negligently and/or with reckless indifference by hiring and retaining Mr; Alvarez although officials within and/or agents of the Transition Office, including but not limited to Mr. Braz, Mr. Parikh, and Mr. Cammarano, were aware of Ms. Brennan?s allegations and that the Hudson County Prosecutor?s Office wastinvestigating Ms. Brennan?s allegations and making a determination whether to criminally prosecute Mr. Alvarez. In or about January 2018, the State of New Jersey'and New Jersey Schools Development Authority acted unlawfully, intentionally, negligently and/or with reckless indifference by hiring Albert J. Alvarez in the position Chief of Staff of the NJSDA although senior officials employed in the Office of Governor Murphy, including but not limited to, Chief of Staff Pete Cammarano and Deputy Chief of Staff for Legislative Affairs Justin Braz, had knowledge of Ms. Brennan?s allegation that Mr. Alvarez raped her on April 8, 2017. The State of New Jersey'and the NJSDA acted unlawfully, intentionally, negligently and/or with reckless indifference by retaining Mr. Alvarez in the position Chief of Staff of the NJSDA although additional officials employed in the Office of the Governor including but not limited to Chief Counsel Matt Platkin and Deputy Chief Counsel Parimal Garg had knowledge that Ms. Brennan, who had been hired by the State of New Jersey as the Chief of Staff for the New Jersey Housing and Mortgage Finance Agency, alleged that Mr. Alvarez sexually assaulted her on April 8, 2017. The State of New Jersey acted?unlawfully, intentionally, negligently and/or with reckless indifference by retaining Mr. Alvarez in the position Chief of Staff of the NJSDA, reporting to Charles McKenna, Executive Director ofthe NJSDA. Mr. Alvarez remained employed by the NJSDA until October 2, 2018, when, upon information and belief, Mr. Alvarez resigned his employment after being contacted by the Wall Street Journal regarding Ms. Brennan?s allegation that Mr. Alvarez had sexually assaulted her on April 8, 2017. The State of New Jersey unlawfully, intentionally, negligently and/Or with reckless indifference retained Mr. Alvarez in State employment although Ms. Brennan told Mr. Platkin on March 20, 2018 and Mr. Garg on March 22, 2018 that Mr. Alvarez had raped her, to which she testified to on December 4, 2018, before the Committee. The State of New Jersey unlawfully, intentionally, negligently and/or with reckless indifference retained Mr. Alvarez in State employment although Chief of Staff Pete Cammarano testified on December 18, 2018, before the Committee, among other things, that Mr. Braz told him on December 1, 2017, that someone associated with the TransitiOn Office alleged that Mr. Alvarezrhad raped her and that Mr. Cammarano, at the behest of Mr. Platkin, told Mr. Alvarez on March 26, 2018, that ?he needed to leave state government? because of Ms. Brennan?s allegations. Page 2 of 6 The State of New Jersey unlawfully, intentionally, negligently and/or with recklesS? indifference retained Mr. Alvarez in State employment although on April 24-, 2018, Heather V. Taylor, Chief Ethics Officer for the Governor?s Office, contacted Ms. Brennan to inform her that the State would not take any action on her behalf because Mr. Alvarez and Ms. Brennan were not State employees at the time of the alleged sexual assault. The State acted unlawfully, intentionally, negligently and/or with reckless disregard when it did not initiate and/or conduct any investigation into Ms. Brennan?s report of the rape incident in violation of State policy. For example, Ms. Taylor conducted no interview of Ms. Brennan concerning her complaint. The State of New Jersey unlawfully, intentionally, negligently and/or with reckless indifference retained Mr. Alvarez in State employment'although Mr. McKenna testified before the Committee on December 18, 2018, that, at the behest of Mr. Platkin, on or about June 6, 2018, Mr. McKenna told Mr. Alvarez that he needed to leave state employment and look for another job. Upon information and belief, the State acted unlawfully, intentionally, negligently and/or with reckless indifference when neither Mr. Cammarano nor Mr. McKenna had subsequent communications with Mr. Alvarez to ensure that he was separating and in fact did 7 separate himself from State employment. The State of New Jersey unlawfully, intentionally, negligently and/or with reckless indifference retained Mr. Alvarez in State employment although Ms. Brennan e?mailed Governor Murphy and First Lady Tammy Murphy at 7:00 pm. on Friday, June 1, 2018. Ms. Brennan requested to have a meeting with one or both ofthem about a ?sensitive matter? that occurred during the Campaign. Ms. Brennan did not indicate in her June 1, 2019 e-mail that her sensitive matter involved Mr. Alvarez. On Friday, June 1, 2018, at 7:41 Governor Murphy responded, ?Katie We know you well. Adding our respective teams to get on with scheduling something. Hang inprove not to be fast enough don?t hesitate to come back to Tammy or me directly. Many thanks. Phil and Tammy A meeting with Ms. Brennan and Governor Murphy or First Lady Murphy was never scheduled. Instead, shortly thereafter, Jonathan Berkon, Esq., an attorney from Perkins Coie, LLP, who served as counsel to the Murphy Campaign, contacted Ms. Brennan and advised her that Mr. Alvarez would be leaving State employment. Based upon Mr. Berkon?s representation, Ms. Brennan believed that the State of New Jersey had finally taken some action against Mr. Alvarez and that she would no longer have to be scared of being in his presence at work in State employment. In response to Ms. Brennan?s e?mail to Governor Murphy and First Lady Tammy Murphy concerning her request to meet with him and his wife to discuss her allegation that Mr. Alvarez, her coworker in State employment, had raped her, Mr. Platkin instructed Mr. Alvarez?s boss, Charles McKenna, to inform Mr. Alvarez that he needed to look for a newjob. As set forth above, on or about June 6, 2018, Mr. Platkin called Mr. McKenna into his office and informed him that the State of New Jersey had received a complaint concerning Mr. Alvarez and, as a result, Mr. Page 3 of 6 Alvarez needed to start looking for a new job outside of State employment. Mr. McKenna testified on December 4, 2018, before the Committee, that Mr. Platkin did not inform him ofthe substance of Ms. Brennan?s allegation against Mr. Alvarez, but that the substance of the allegation was information that he would have found relevant in supervising Mr. Alvarez as well as the many other employees of the NJSDA who reported to him. The foregoing communications and conduct notwithstanding, the State of New Jersey unlanully, intentionally, negligently and/or with reckless indifference retained Mr. Alvarez in State employment until October 2, 2018, when, upon information and belief, Mr. Alvarez resigned his employment after being contacted by the Wall Street Journal regarding Ms. Brennan?s allegation that Mr. Alvarez had sexually assaulted her on April 8, 2017. 3C. STATE THE NAME AND ADDRESS OF THE STATE AGENCY OR AGENCIES THAT YOU CLAIM CAUSED YOUR DAMAGE. Transition Office for Governor-Elect Phil Murphy 225 West State Street Trenton, New Jersey 08625 New Jersey Schools Development Authority 32 East Front Street Trenton, New Jersey 08625 Office of the Governor of the State of New Jersey 225 West State Street Trenton, New Jersey 08625 Office of the Attorney General of the State of New Jersey Department of Law and Public Safety PO. Box 080 25 Market Street Trenton, New Jersey 08625-0080 STATE THE NAMES OF STATE EMPLOYEES WHOM YOU CLAIM WERE AT FAULT, INCLUDING ANY INFORMATION THAT WILL ASSISTA IN INDENTIFYING AND LOCATING THEM. Governor Phil Murphy Office ofthe Governor of the State of New Jersey 225 West State Street Trenton, New Jersey 08625 Page 4 of 6 Attorney General Gubir S. Grewal Office of the Attorney General of the State of New Jersey Department of Law and Public Safety PO. Box 080 25 Market Street Trenton, New Jersey 08625-0080 Chief of Staff Pete Cammarano Office ofthe Governor ofthe State of NewJersey 225 West State Street Trenton, New Jersey 08625 Chief Counsel Matt Platkin Office of the Governor ofthe State of New Jersey 225 West State Street Trenton, New Jersey 08625 Deputy Chief Counsel Parimal Garg Office of the Governor ofthe State of New Jersey 225 West State Street Trenton, New Jersey 08625 Heather V. Taylor, Esq. Chief Ethics Officer Office ofthe Governor ofthe State of New Jersey P.O. Box 001 Trenton, NJ 08625-0001 Deputy Chief of Staff for Legislative Affairs Justin Braz Office of the Governor of the State of New Jersey 225 West State Street Trenton, New Jersey 08625 Jonathan Berkon, Esq. Perkins Coie LLP 700 Thirteenth Street, NW. Suite 600 Washington, DC. 20005 Rajiv D. Parikh, Esq. Genova Burns. 494 Broad Street Newark, New Jersey 07102 Page 5 of 6 3D. STATE THE NEGLIGENCE OR WRONGFUL ACTS OF THE STATE AGENCY AND STATE EMPLOYEES WHICH CAUSED YOUR DAMAEGS. Transition Office for Governor?Elect Phil Murphy and the State of New Jersey unlawfully, intentionally, negligently and/or with reckless indifference hired and retained Albert J. Alvarez in State employment from in or about November 2017 through on or about October 2, 2018. Se_e Paragraph BB above. 3E. STATE THE NAME AND ADDRESS OF ALL WITNESSES TO THE ACCIDENT OR OCCURRENCE. To the best of Ms. Brennan?s knowledge at this time, the witnesses are those individuals identified in Paragraphs BB'and 3C abdve as well as additional witnesses who may be identified through the testimony of witnesses requested to testify by the New Jersey Legislative Select Oversight Committee and/or as may be revealed in discovery. 3F. STATE THE NAMES OF ALL POLICE OFFICERS AND POLICE DEPARTMENTS WHO INVESTIGATED THIS ACCIDENT. PROVIDE POLICE REPORET CASE NUMBER, IF AVAILALBLE. Upon information and belief, the law enforcement agencies who have investigated Ms. Brennan?s complaint of sexual assault by Albert J. Alvarez on April 8, 2017, or reviewed the investigation of other departments and agencies, include the following: Jersey City Police Department East District 207 7th Street Jersey City, New Jersey 07302 PO. Badawi? P.O. Szymanski Sgt. Maria Dargan East Patrol Sgt. Dillon NDC Sgt. Balcezak Department File No. 17-008091 Hudson County Prosecutor?s Office Prosecutor Esther Suarez Assist Prosecutor Jane Weiner 595 NeWark Avenue Jersey City, New Jersey 07306? Middlesex County Prosecutor?s Office 25 Kirkpatrick Street New Brunswick, New Jersey 08901 Page 6 of 6