ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 1 of 14 Trans ID: LCV20201700784

O’BRIEN, BELLAND & BUSHINSKY, LLC
Mark E. Belland, Esquire
Kevin D. Jarvis, Esquire
David F. Watkins Jr., Esquire
509 S. Lenola Rd., Building 6
Moorestown, New Jersey 08043
(856) 795-2181
Attorneys for Plaintiff
THE INTERNATIONAL ASSOCIATION SUPERIOR COURT OF NEW JERSEY
OF FIRE FIGHTERS, AFL-CIO, LOCAL ATLANTIC COUNTY – LAW DIVISION
198,
Plaintiff,
Docket No.
v.
CIVIL ACTION
CITY OF ATLANTIC CITY, STATE OF
NEW JERSEY, NEW JERSEY DIVISION
VERIFIED COMPLAINT
OF LOCAL GOVERNMENT SERVICES IN
THE DEPARTMENT OF COMMUNITY
AFFAIRS, MELANIE WALKER,
Director of the Division of
Local Government Services in
the Department of Community
Affairs in her official
capacity,
Defendants.

The

International

Association

of

Fire

Fighters,

AFL-CIO,

Local 198 (“IAFF 198” or “Plaintiff” or “Union”), by way of
Verified Complaint against the City of Atlantic City (“City”),
State

of

New

Jersey

(“State”)

the

New

Jersey

Department

of

Community Affairs, Melanie Walker, as the Director of the Division
of Local Government Services in the New Jersey Department of
Community

Affairs,

(collectively,

the

“State”

collectively “Defendants”) states as follows:

with

the

City,

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 2 of 14 Trans ID: LCV20201700784

INTRODUCTION
Plaintiff

is

the

certified

collective

bargaining

representative of members of the fire department of the City of
Atlantic City (“ACFD”).

Three days ago, the Union became aware of

three Firefighters who tested positive for COVID-19 (“Positive
Individuals”).

In response, the City arranged for individuals who

were in close contact with and/or directly exposed (“Exposed
Individuals”) to at least one of the Positive Individuals to take
a

rapid

COVID-19

test,

and

upon

a

negative

result,

Exposed

Individuals are directed to return to work.

This approach is in

direct

by

conflict

with

the

guidance

issued

the

New

Jersey

Department of Health (“NJDOH”) Centers for Disease Control and
Prevention (“CDC”), and other Federal and State agencies.
Unsurprisingly, this ineffective approach has resulted in
further

spread

of

COVID-19,

as

three

additional

Firefighters

tested positive for COVID-19, and there are now approximately 65
Exposed Individuals, some of which have become symptomatic.

In

doing so, the City has jeopardized the health and safety of all
Firefighters, their families, and the general public.
Plaintiff seeks declaratory relief from this Court declaring
that Defendants are in violation of Art. I, Section 1 of the New
Jersey Constitution and the MSRA, and have breached the Collective
Negotiations Agreement (“CNA”) negotiated between the parties.
Plaintiff also seeks an Order requiring Defendants: (1) place

2

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 3 of 14 Trans ID: LCV20201700784

Exposed Individuals on paid leave and to direct such individuals
to self-quarantine for 14 days; (2) professionally disinfect each
station between shifts; (3) to comply with all guidance issued by
the NJDOH, CDC, and all other Federal and State entities; (4) to
provide

the

Union

with

a

copy

of

the

City’s

protocols

for

responding to COVID-19 cases and potential exposures; and (5)
postpone the training of new hires scheduled to begin the week of
September 28, 2020.

Plaintiff also seeks an award of attorneys’

fees and costs, and all other relief the Court finds just and
proper.
PARTIES
1.

Plaintiff

representing

public

is

a

safety

public

employee

employees

labor

employed

organization
by

the

ACFD.

Plaintiff has associational standing on behalf of their members,
as well as their own standing as parties to collective negotiations
agreements (“CNAs”) with the City.

Plaintiff IAFF 198’s offices

are situated at 19 S. New York Ave Atlantic City NJ 08401.
2.

At all times relevant hereto, Defendant City was a public

entity located at 1301 Bacharach Boulevard, Atlantic City, New
Jersey.
3.

At all times relevant hereto, Defendant the State was a

public entity.
4.

Defendant Division of Local Government Services (“DLGS”)

in the DCA is a State agency created to provide administrative

3

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 4 of 14 Trans ID: LCV20201700784

guidance, financial support and technical assistance to local
governments, community development organizations, businesses and
individuals to improve the quality of life in New Jersey.
5.

Defendant

Melanie

Walker

(“Walker”)

is

the

Director

(“Director”) of the Division of Local Government Services in the
New Jersey Department of Community Affairs, which is responsible
for implementing the MSRA.
6.

At all times relevant hereto, Defendants have conducted

and/or conduct business in the State of New Jersey.
JURISDICTION AND VENUE
7.

Plaintiff

constitution,
regulations

files

statutes,

promulgated

this

action

pursuant

administrative
by

the

State

of

to

codes,
New

the

laws,

rules

Jersey

and

and
its

agencies.
8.

This court also has jurisdiction to grant declaratory

relief pursuant to The Declaratory Judgements Act, N.J.S.A. §
2A:16-51 et seq.
9.

Venue is proper in Atlantic County because (a) the

cause(s) of action arose in Atlantic County, and (b) the Defendants
have conducted and/or conduct business in Atlantic County.

See

N.J.S.A. 34:13A-19.
FACTUAL ALLEGATIONS
1.

The City’s Firefighters work in 24-hour shifts in groups

known as Companies.

4

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 5 of 14 Trans ID: LCV20201700784

2.

The City’s Firefighters work out of 6 stations located

throughout the City.
3.

Between one and three companies are located in each

station, and between approximately eight and thirteen individuals
are in each station during each 24-hour shift.
4.

During these shifts, Firefighters are in close quarters,

and eat and sleep in close proximity to one another.
5.

The ACFD will be commencing training for new hires next

week, and such training will involve instruction and participation
from Firefighters of various ranks working out of various stations.
6.

On or about September 22, 2020, the Union was informed

that three Firefighters tested positive for COVID-19 (“Positive
Individuals”).
7.

On September 24, 2020, the Union was informed that three

additional Firefighters tested positive for COVID-19.
8.

The six Positive Individuals worked in Firehouse Station

1, Station 2, and Station 3, and were in close contact with and/or
directly exposed (“Exposed Individuals”) to at least one of the
individuals who tested positive.
9.

One

of

the

Positive

Individuals

developed

symptoms

during their September 24, 2020 work shift, was sent to take a
rapid COVID-19 test, and tested positive.
10.
Positive

The Exposed Individuals working with the above-specified
Individual

received

rapid

5

COVID-19

tests,

and

upon

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 6 of 14 Trans ID: LCV20201700784

receiving negative results were instructed to return to work to
complete their shifts.
11.

One

of

the

six

positive

test

results

includes

a

Firefighter who was going to be an instructor for next week’s new
hire training, and has been in close contact with other individuals
who will be instructing and/or attending such training.
12.

Upon

information

and

belief,

within

the

past

week

approximately 65 Firefighters have been in close contact with
and/or

were

otherwise

exposed

to

at

least

one

of

Positive

Individuals.
13.

The City is arranging rapid COVID-19 tests for Exposed

Individuals, and upon receiving a negative test result, Exposed
Individuals are immediately returned to work.
14.

At least two Exposed Individuals who produced a negative

test result were exhibiting symptoms of COVID-19 as of this morning
(September 25, 2020).
15.

The City has not provided the Union with protocols and

procedures that the City would be following to respond to the
multiple

COVID-19

cases

and

widespread

exposure

among

Firefighters.
16.

The Union is unaware of any further intent to test

Exposed Individuals beyond the initial rapid test being performed
before returning such individuals to work.

6

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 7 of 14 Trans ID: LCV20201700784

17.

The City’s decision to return Exposed Individuals to

work upon receipt of a single negative test is contrary to Federal
and State Guidance.
18.

The

New

Jersey

Department

of

Health

(“NJDOH”)

and

Centers for Disease Control and Prevention (“CDC”) both advise
individuals

to

self-quarantine

for

a

period

of

14

days

upon

exposure to a Positive Individual.
19.

The NJDOH has instructed that a negative test result

does not mean that an individual has not contracted COVID-19, and
that symptoms may not develop for 2-14 days from exposure.
20.

Where an individual lives with a Positive Individual

(which is comparable to the unique nature of Firefighters’ work
environment where they “live” with other Firefighters in the
station), NJDOH instructs the Positive Individual to self-isolate
until certain conditions are met, and the individual living with
the Positive Individual is advised to quarantine for 14 days after
the Positive Individual’s self-isolation ends.

It is irrelevant

whether the individual is asymptomatic and/or tests negative for
COVID-19.
21.

Scientific

research

has

revealed

that

there

is

a

noteworthy risk of false-negative test results, and that such
false-negatives are significantly more likely where individuals
were tested within four days after infection.

7

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 8 of 14 Trans ID: LCV20201700784

22.

Scientific

evidence

suggests

that

there

is

a

100%

probability of a false-negative result for tests issued on the
first day of infection, and a 67% rate of false negative on day 4.
23.

The City’s approach to handling the COVID-19 outbreak

among Firefighters is causing irreparable harm by jeopardizing the
health and safety of firefighters, their families, and the general
public.
24.

As COVID-19 is highly contagious, COVID-19 will continue

to spread throughout the ACFD.
25.

The spread of COVID-19 among Firefighters also places

their family members and housemates at risk.
26.

The nature of Firefighters’ work requires them to come

into close contact with the general public, including the elderly
(potentially in nursing homes), high-risk individuals, and those
who

will

need

medical

attention

and/or

hospitalization

after

suffering serious injuries.
27.

COVID-19 can have long-term health consequences and even

lead to death among all age groups, even where such individuals do
not have pre-existing conditions.
28.

The spread of COVID-19 throughout the ACFD places the

general public at risk.

8

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 9 of 14 Trans ID: LCV20201700784

COUNT I
VIOLATION OF THE DUE PROCESS AND EQUAL PROTECTION CLAUSES
OF THE NEW JERSEY STATE CONSTITUTION, ARTICLE I, PARAGRAPH 1
29.

Plaintiff hereby incorporates paragraphs 1 through 21 of

this Complaint as if set forth in full.
30.

The New Jersey Constitution, Article I, Paragraph 1

provides: “All persons are by nature free and independent, and
have certain natural and unalienable rights, among which are those
of

enjoying

and

defending

life

and

liberty,

of

acquiring,

possessing, and protecting property, and of pursing and obtaining
safety

and

happiness.”

This

provision

protects

the

values

encompassed by the principles of due process and equal protection.
31.

The City’s blatant disregard for the health and safety

of Firefighters in its response to a COVID-19 outbreak, including
(but not limited to) the return of Exposed Individuals to work
upon receipt of a negative test, contravenes the due process and
equal

protection

provisions

of

the

New

Jersey

Constitution,

Article I, Paragraph 1.
COUNT II
VIOLATION OF THE MUNICIPAL STABILIZATION AND RECOVERY ACT

32.

Plaintiff hereby incorporates paragraphs 1 through 31 of

this Complaint as if set forth in full.
33.

The MSRA, N.J.S.A. 52:27 BBBB-5(a)(3)(g) permits the

Director, or Designee, to modify, amend or terminate collective

9

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 10 of 14 Trans ID: LCV20201700784

bargaining agreements if the modifications are “reasonable and
directly related to stabilizing the finances or assisting with the
fiscal rehabilitation and recovery of a municipality in need of
stabilization and recovery.”
34.

Defendants’ actions regarding its response to the COVID-

19 outbreak, including (but not limited to) the return of Exposed
Individuals to work upon receipt of a negative test, are neither
reasonable nor directly related to stabilizing the finances of the
City or assisting with the financial rehabilitation and recovery
of the City.
35.

Defendants,

by

implementing

the

actions

described

herein, are violating the MSRA and must be enjoined.
COUNT III
BREACH OF CONTRACT
36.

Plaintiff hereby incorporate paragraphs 1 through 35 of

this Complaint as if set forth in full.
37.
Collective

Pursuant to the terms and conditions of Plaintiff’s
Negotiations

Agreement,

the

Defendants

agreed

to

protect the safety of Firefighters.
38.

Plaintiff demanded that Defendants comply the provisions

of the parties’ agreement.
39.

Despite due demand, Defendants have steadfastly failed

and refused to perform their obligations under the CNA and have,
therefore, breached said agreement.

10

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 11 of 14 Trans ID: LCV20201700784

40.
entitled

As a result of Defendants’ breaches, Plaintiffs are
to

a

judgment

requiring

Defendants

to

specifically

perform their obligations as set forth under the agreements.

PRAYER FOR RELIEF
WHEREFORE, Plaintiff on behalf of itself and its members
respectfully request that this Court:
A. Declaring

that

constitutional,

Defendants
statutory,

and

have

impaired

contractual

the

rights

of

Plaintiff and its covered members in violation of: (1) the
Due Process and Equal Protection Clauses of the New Jersey
Constitution, Art. I, Section 1; (2) the MSRA, N.J.S.A.
52:27 BBBB-1, et seq.; and (3) the parties’ Collective
Negotiations Agreement;
B. Issuing a Temporary and Permanent Injunction enjoining
Defendants,

Defendants’

officers,

agents,

employees,

attorneys, and all other persons acting in active concert
or participation with them, from violating Plaintiff’s
constitutional,

statutory

and

contractual

rights

including, but not limited to the following:
i. Restraining
Individuals

Defendants
to

return

from
to

compelling

work

Exposed

immediately

upon

receiving a negative COVID-19 test result, without a
14-day quarantine;

11

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 12 of 14 Trans ID: LCV20201700784

ii. Requiring Defendants to place exposed individuals on
paid leave and to direct such individuals to selfquarantine for 14 days;
iii. Requiring

Defendants

to

have

each

station

professionally disinfected between shift;
iv. Requiring
guidance

Defendants
issued

by

to
the

strictly
NJDOH,

comply

CDC,

and

with
all

all

other

Federal and State entities;
v. Requiring Defendants to provide the Union a copy of the
City’s protocols for responding to COVID-19 cases and
potential exposures;
vi. Postponing the training of new hires scheduled to begin
the week of September 28, 2020;
C. Awarding Plaintiff the attorneys’ fees, costs, and other
expense

they

have

incurred

in

bringing

this

action,

pursuant to state law.
D. Providing such other relief as this Court may deem just
and proper.

12

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 13 of 14 Trans ID: LCV20201700784

DEMAND FOR TRIAL BY JURY
Plaintiff demands a trial by jury on all issues subject to
trial.

DESIGNATION OF TRIAL COUNSEL
Pursuant to Rule 4:25-4, Mark E. Belland, Esquire is hereby
designated as trial counsel for Plaintiff in the above matter.

13

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 14 of 14 Trans ID: LCV20201700784

CERTIFICATION
Pursuant to Rule 4:5-1, I hereby certify that there is a
related action involving the hiring and training of new hires,
IAFF Local 198 v. State of New Jersey, et al., Docket No. ATL-L2731-20, although such proceeding unrelated to the COVID-19 issues
presented in this Complaint. To the best of my knowledge that the
matter in controversy is not the subject of any other action
pending in the court or the subject of a pending arbitration
proceeding, nor is any other action or arbitration proceeding
contemplated and as otherwise set forth herein. I further certify
that I know of no party who should be joined in the action at this
time.

Respectfully submitted,
O’BRIEN, BELLAND & BUSHINSKY, LLC
Attorneys for Plaintiff
By:

/s/ Mark E. Belland
Mark E. Belland, Esquire
David F. Watkins Jr., Esquire
Matthew B. Madsen, Esquire
509 S. Lenola Rd., Building 6
Moorestown, NJ 08043
856-795-2181/Fax 856-581-4214
mbelland@obbblaw.com

Dated: September 25, 2020

14

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 1 of 5 Trans ID: LCV20201700784

O’BRIEN, BELLAND & BUSHINSKY, LLC
Mark E. Belland, Esquire
David F. Watkins Jr., Esquire
Matthew B. Madsen, Esquire
509 S. Lenola Road, Bldg. 6
Moorestown, NJ 08057
(856) 795-2181
Attorneys for Plaintiff
THE INTERNATIONAL ASSOCIATION SUPERIOR COURT OF NEW JERSEY
OF FIRE FIGHTERS, AFL-CIO, LOCAL ATLANTIC COUNTY – LAW DIVISION
198,
Plaintiff,
Docket No.
v.
CIVIL ACTION
CITY OF ATLANTIC CITY, STATE OF
ORDER TO SHOW CAUSE
NEW JERSEY, NEW JERSEY DIVISION
WITH TEMPORARY RESTRAINTS
OF LOCAL GOVERNMENT SERVICES IN
PURSUANT TO RULE 4:52
THE DEPARTMENT OF COMMUNITY
AFFAIRS, MELANIE WALKER,
Director of the Division of
Local Government Services in
the Department of Community
Affairs in her official
capacity,
Defendants.

THIS MATTER being brought to the attention of the Court by
Mark E. Belland, Esquire, David F. Watkins Jr., Esquire, and
Matthew B. Madsen, Esquire attorneys for Plaintiff, and notice
being provided to the City of Atlantic City (“City”), the State of
New Jersey, the New Jersey Department of Community Affairs, Melanie
Walker, as

the Director

of the

Division of

Local

Government

Services in the New Jersey Department of Community Affairs- ,
(collectively,

the

“State”

with

the

City

“Defendants”)

that

Plaintiff is seeking relief from Defendants’ continual violation
of Plaintiff’s constitutional rights and violations of the New

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 2 of 5 Trans ID: LCV20201700784

Jersey Municipal Stabilization and Recovery Act (“MSRA”), N.J.S.A.
52:27 BBBB-1, et seq., P.L. 2016, c. 4. by way of temporary and
permanent restraints pursuant to R. 4:52, based upon the facts set
forth in the Verified Complaint and Order to Show Cause filed
herewith, and the Court having reviewed the Verified Complaint
along with the Brief in Support of the Order to Show Cause,
Certifications and Exhibits filed in support of the application
for this Order to Show Cause, and good cause having been shown;
IT IS ON THIS

day of

2020

ORDERED that Defendants City of Atlantic City (“City”), the
State

of New Jersey, the New

Jersey

Department of

Community

Affairs, Melanie Walker, as the Director of the Division of Local
Government Services in the New Jersey Department of Community
Affairs(collectively, the “State” with the City “Defendants”),
shall appear and show cause on the _____ day of _______________,
2020 before the Superior Court of New Jersey at the Atlantic County
Courthouse in Atlantic City, New Jersey at ____ o’clock in the
_____, or as soon thereafter as counsel may be heard, why an Order
should not be entered as follows:
A. Declaring that Defendants have impaired the constitutional
and statutory rights of Plaintiff and its covered members
in violation of: (1) IAFF members’ Equal Protection and
Due Process rights, as encompassed in Art. I Sec. 1 of the
New

Jersey

Constitution,

Art.

- 2 -

I,

§

I;

(2)

the

MSRA,

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 3 of 5 Trans ID: LCV20201700784

N.J.S.A.

52:27

BBBB-1,

et

seq.;

and

(3)

the

parties’

Collective Negotiations Agreement;
B. Issuing a Temporary and Permanent Injunction enjoining
Defendants,

Defendants’

officers,

agents,

employees,

attorneys, and all other persons acting in active concert
or participation with them, from violating Plaintiff’s
constitutional,

statutory

and

contractual

rights

including, but not limited to the following:
i. Restraining
Individuals

Defendants
to

return

from
to

compelling

work

Exposed

immediately

upon

receiving a negative COVID-19 test result, without a
14-day quarantine;
ii. Requiring Defendants to place exposed individuals on
paid leave and to direct such individuals to selfquarantine for 14 days;
iii. Requiring

Defendants

to

have

each

station

professionally disinfected between shift;
iv. Requiring
guidance

Defendants
issued

by

to
the

strictly
NJDOH,

comply

CDC,

and

with
all

all

other

Federal and State entities;
v. Requiring Defendants to provide the Union a copy of the
City’s protocols for responding to COVID-19 cases and
potential exposures;
vi. Postponing the training of new hires scheduled to begin

- 3 -

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 4 of 5 Trans ID: LCV20201700784

the week of September 28, 2020;
C. Awarding Plaintiff the attorneys’ fees, costs, and other
expense

they

have

incurred

in

bringing

this

action,

pursuant to state law.
D. Providing such other relief as this Court may deem just
and proper.
E. Awarding Plaintiff the attorneys’ fees, costs, and other
expense

they

have

incurred

in

bringing

this

action,

pursuant to state law.
F. Providing such other relief as this Court may deem just
and proper.
IT IS FURTHER ORDERED that pending the return date herein,
the Defendants are temporarily enjoined and restrained from:
i. compelling

Exposed

Individuals

to

return

to

work

immediately upon receiving a negative COVID-19 test
result, without a 14-day quarantine;
ii. failing to strictly comply with all guidance issued by
the

NJDOH,

CDC,

and

all

other

Federal

and

State

entities;
iii. proceeding with the training of new hires scheduled to
begin the week of September 28, 2020; and
iv. Such other relief as this Court may deem just and
proper.

- 4 -

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 5 of 5 Trans ID: LCV20201700784

IT IS FURTHER ORDERED that the Unions shall serve the Order
to Show Cause, Certifications and Exhibits to Petitioners within
___ days of the date hereof, in accordance with R. 4:4-3 and R.
4:4-4, this being original process.
IT IS FURTHER ORDERED that Defendants shall file and serve a
written Brief, Affidavit and/or Motion, as the case may be, to
this Order to Show Cause and the relief requested in the charge
and Proof of Service with the Court by __________, 2020.
IT IS FURTHER ORDERED that if Defendants do not file and serve
opposition to the Order to Show Cause, the application will be
decided on the papers on the return date and relief may be granted
by default, provided that Union files a Proof of Service in the
time frame set forth in this Order to Show Cause.
IT IS FURTHER ORDERED that Union must file and serve any
written reply to Defendants’ Order to Show Cause opposition by
___________, 2020.

The reply papers must be filed with the Court

listed above.
IT IS FURTHER ORDERED that if Union has not already done so,
a proposed form of order addressing the relief sought on the return
date must be submitted to the court no later than three (3) days
before the return date.

_____________________________________

- 5 -

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 1 of 5 Trans ID: LCV20201700784

O’BRIEN, BELLAND & BUSHINSKY, LLC
Mark E. Belland, Esquire
David F. Watkins Jr., Esquire
Matthew B. Madsen, Esquire
509 S. Lenola Road, Bldg. 6
Moorestown, NJ 08057
(856) 795-2181
Attorneys for Plaintiff
THE INTERNATIONAL ASSOCIATION SUPERIOR COURT OF NEW JERSEY
OF FIRE FIGHTERS, AFL-CIO, LOCAL ATLANTIC COUNTY – LAW DIVISION
198,
Plaintiff,
Docket No.
v.
CIVIL ACTION
CITY OF ATLANTIC CITY, STATE OF
ORDER TO SHOW CAUSE
NEW JERSEY, NEW JERSEY DIVISION
WITH TEMPORARY RESTRAINTS
OF LOCAL GOVERNMENT SERVICES IN
PURSUANT TO RULE 4:52
THE DEPARTMENT OF COMMUNITY
AFFAIRS, MELANIE WALKER,
Director of the Division of
Local Government Services in
the Department of Community
Affairs in her official
capacity,
Defendants.

THIS MATTER being brought to the attention of the Court by
Mark E. Belland, Esquire, David F. Watkins Jr., Esquire, and
Matthew B. Madsen, Esquire attorneys for Plaintiff, and notice
being provided to the City of Atlantic City (“City”), the State of
New Jersey, the New Jersey Department of Community Affairs, Melanie
Walker, as

the Director

of the

Division of

Local

Government

Services in the New Jersey Department of Community Affairs- ,
(collectively,

the

“State”

with

the

City

“Defendants”)

that

Plaintiff is seeking relief from Defendants’ continual violation
of Plaintiff’s constitutional rights and violations of the New

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 2 of 5 Trans ID: LCV20201700784

Jersey Municipal Stabilization and Recovery Act (“MSRA”), N.J.S.A.
52:27 BBBB-1, et seq., P.L. 2016, c. 4. by way of temporary and
permanent restraints pursuant to R. 4:52, based upon the facts set
forth in the Verified Complaint and Order to Show Cause filed
herewith, and the Court having reviewed the Verified Complaint
along with the Brief in Support of the Order to Show Cause,
Certifications and Exhibits filed in support of the application
for this Order to Show Cause, and good cause having been shown;
IT IS ON THIS

day of

2020

ORDERED that Defendants City of Atlantic City (“City”), the
State

of New Jersey, the New

Jersey

Department of

Community

Affairs, Melanie Walker, as the Director of the Division of Local
Government Services in the New Jersey Department of Community
Affairs(collectively, the “State” with the City “Defendants”),
shall appear and show cause on the _____ day of _______________,
2020 before the Superior Court of New Jersey at the Atlantic County
Courthouse in Atlantic City, New Jersey at ____ o’clock in the
_____, or as soon thereafter as counsel may be heard, why an Order
should not be entered as follows:
A. Declaring that Defendants have impaired the constitutional
and statutory rights of Plaintiff and its covered members
in violation of: (1) IAFF members’ Equal Protection and
Due Process rights, as encompassed in Art. I Sec. 1 of the
New

Jersey

Constitution,

Art.

- 2 -

I,

§

I;

(2)

the

MSRA,

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 3 of 5 Trans ID: LCV20201700784

N.J.S.A.

52:27

BBBB-1,

et

seq.;

and

(3)

the

parties’

Collective Negotiations Agreement;
B. Issuing a Temporary and Permanent Injunction enjoining
Defendants,

Defendants’

officers,

agents,

employees,

attorneys, and all other persons acting in active concert
or participation with them, from violating Plaintiff’s
constitutional,

statutory

and

contractual

rights

including, but not limited to the following:
i. Restraining
Individuals

Defendants
to

return

from
to

compelling

work

Exposed

immediately

upon

receiving a negative COVID-19 test result, without a
14-day quarantine;
ii. Requiring Defendants to place exposed individuals on
paid leave and to direct such individuals to selfquarantine for 14 days;
iii. Requiring

Defendants

to

have

each

station

professionally disinfected between shift;
iv. Requiring
guidance

Defendants
issued

by

to
the

strictly
NJDOH,

comply

CDC,

and

with
all

all

other

Federal and State entities;
v. Requiring Defendants to provide the Union a copy of the
City’s protocols for responding to COVID-19 cases and
potential exposures;
vi. Postponing the training of new hires scheduled to begin

- 3 -

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 4 of 5 Trans ID: LCV20201700784

the week of September 28, 2020;
C. Awarding Plaintiff the attorneys’ fees, costs, and other
expense

they

have

incurred

in

bringing

this

action,

pursuant to state law.
D. Providing such other relief as this Court may deem just
and proper.
E. Awarding Plaintiff the attorneys’ fees, costs, and other
expense

they

have

incurred

in

bringing

this

action,

pursuant to state law.
F. Providing such other relief as this Court may deem just
and proper.
IT IS FURTHER ORDERED that pending the return date herein,
the Defendants are temporarily enjoined and restrained from:
i. compelling

Exposed

Individuals

to

return

to

work

immediately upon receiving a negative COVID-19 test
result, without a 14-day quarantine;
ii. failing to strictly comply with all guidance issued by
the

NJDOH,

CDC,

and

all

other

Federal

and

State

entities;
iii. proceeding with the training of new hires scheduled to
begin the week of September 28, 2020; and
iv. Such other relief as this Court may deem just and
proper.

- 4 -

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 5 of 5 Trans ID: LCV20201700784

IT IS FURTHER ORDERED that the Unions shall serve the Order
to Show Cause, Certifications and Exhibits to Petitioners within
___ days of the date hereof, in accordance with R. 4:4-3 and R.
4:4-4, this being original process.
IT IS FURTHER ORDERED that Defendants shall file and serve a
written Brief, Affidavit and/or Motion, as the case may be, to
this Order to Show Cause and the relief requested in the charge
and Proof of Service with the Court by __________, 2020.
IT IS FURTHER ORDERED that if Defendants do not file and serve
opposition to the Order to Show Cause, the application will be
decided on the papers on the return date and relief may be granted
by default, provided that Union files a Proof of Service in the
time frame set forth in this Order to Show Cause.
IT IS FURTHER ORDERED that Union must file and serve any
written reply to Defendants’ Order to Show Cause opposition by
___________, 2020.

The reply papers must be filed with the Court

listed above.
IT IS FURTHER ORDERED that if Union has not already done so,
a proposed form of order addressing the relief sought on the return
date must be submitted to the court no later than three (3) days
before the return date.

_____________________________________

- 5 -

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 1 of 8 Trans ID: LCV20201700784

O’BRIEN, BELLAND & BUSHINSKY, LLC
ATTORNEYS AT LAW
ROBERT F. O’BRIEN (NJ, PA & DC)
MARK E. BELLAND (NJ & PA)
STEVEN J. BUSHINSKY (NJ, NY & PA)
THOMAS F. KARPOUSIS (NJ)
KEVIN D. JARVIS (NJ & NY)
TIMOTHY P. HAGGERTY (NJ)
DAVID F. WATKINS, JR. (NJ & PA)
ANTHONY W. DESTEFANIS (NJ)
MATTHEW L. RAZZANO (NJ & PA)
W. DANIEL FEEHAN (NJ& PA)
MATTHEW B. MADSEN (NJ & NY)
DAVID H. LIPOW (NJ& PA)
PETER J. MOAK (NJ & PA)
RICHARD PLUMPTON (NJ)

509 S. LENOLA ROAD
BUILDING 6
MOORESTOWN, NEW JERSEY 08057

OF COUNSEL
CARL J. MINSTER III (PA, NJ)
DAVID J. J. FACCIOLO (DE, PA)
DAVID R. THIERMAN* (NJ, PA & FL)
* MASTERS OF LAW IN TAXATION

(856)-795-2181
(888)-609-8300
FAX (856)-581-4214
INTERNET: WWW.OBBBLAW.COM
E-MAIL: OBBB@OBBBLAW.COM

-----------------------------------JOAN FREEDMAN MEYER (NJ & PA)
1931-2011

September 25, 2020
Via E-Filing
Clerk of the Court
Superior Court of New Jersey
Law Division, Atlantic County
1201 Bacharach Boulevard
Atlantic City, New Jersey 08401
Re:

IAFF Local 198 v. City of Atlantic City, et al.
Letter Brief in Support of Order to Show Cause for Temporary Restraints
with Temporary Restraints & Issuance of an Injunction Pursuant to Rule 4:52

This firm is counsel to the International Association of Fire Fighters, AFL-CIO, Local 198
(“IAFF”). IAFF. In lieu of a more formal memorandum, please accept this Letter Brief in Support
of Order to Show Cause for Temporary Restraints with Temporary Restraints & Issuance of an
Injunction Pursuant to Rule 4:52.
Statement of Facts
Plaintiff hereby incorporates the Certification of John Varallo (“Varallo Cert.”) as if set
forth fully herein. In the interest of brevity and to avoid repetition, Plaintiff shall only provide a
limited summary of the facts set forth in the Varallo Cert.
Plaintiff is the certified collective bargaining representative of members of the fire
department of the City of Atlantic City (“ACFD”). Varallo Cert. ¶ 3. Three days ago, the Union

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 2 of 8 Trans ID: LCV20201700784
Page 2 of 8

became aware of three Firefighters who tested positive for COVID-19 (“Positive Individuals”).
Varallo Cert. ¶ 11. In response, the City arranged for individuals who were in close contact with
and/or directly exposed (“Exposed Individuals”) to at least one of the Positive Individuals to take
a rapid COVID-19 test, and upon a negative result, Exposed Individuals were directed to return to
work. Varallo Cert. ¶ 23. This approach is in direct conflict with the guidance issued by the New
Jersey Department of Health (“NJDOH”) Centers for Disease Control and Prevention (“CDC”),
and other Federal and State agencies. Varallo Cert. ¶¶ 31-34. Unsurprisingly, this ineffective
approach has resulted in further spread of COVID-19, as three additional Firefighters tested
positive for COVID-19. Varallo Cert. ¶ 14. There are now approximately 65 Exposed Individuals,
some of which have become symptomatic.

Varallo Cert. ¶ 20, 26. In doing so, the City has

jeopardized the health and safety of all Firefighters, their families, and the general public. Varallo
Cert. ¶¶ 36-41.
LEGAL ARGUMENT
Irreparable Harm is Pervasive and Injunctive Relief is Warranted
In order to obtain injunctive relief, a plaintiff must establish that: 1) he/she will suffer
irreparable injury if the relief is denied; 2) the claim is based on a settled legal right; 3) the material
facts are substantially undisputed; and 4) the harm to him/her if the injunction is denied will be
greater than the harm to the opposing party if the injunction is granted. Crowe v. DeGioia, 90 N.J.
126, 132-134 (1982). The primary principle underlying temporary relief is "to maintain the parties
in substantially the same condition when the final decree is entered as they were when the litigation
began." Id. at 134.
Here, the material facts are substantially undisputed and well documented. Turning to the
remaining factors, injunctive relief is appropriate to protect a violation of the employees’ well-

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 3 of 8 Trans ID: LCV20201700784
Page 3 of 8

settled constitutional rights and to avoid irreparable harm to the Union, Firefighters, their families,
and the general public.
A. Plaintiff’s Claims Are Based on Settled Legal Rights and Will Likely Succeed.
Defendants are obligated to negotiate in good faith and to provide information to Plaintiff
pursuant to the requirements of the New Jersey Constitution and the MSRA. Those requirements
include reasonableness and open dialogue, as well as comporting with principles of merit and
fitness. Defendants, however, intend to hire without a civil service list, without providing Plaintiff
with criteria to be used, and have refused to provide information in clear violation of constitutional
and statutory law. Injunctive relief is, therefore, warranted.
1.

Defendant’s Action Violate the Due Process and Equal Protection
Clauses of the New Jersey State Constitution.

The New Jersey Constitution, Article I, Paragraph 1 provides: “All persons are by nature
free and independent, and have certain natural and unalienable rights, among which are those of
enjoying and defending life and liberty, of acquiring, possessing, and protecting property, and of
pursing and obtaining safety and happiness.” This provision protects the values encompassed by
the principles of due process and equal protection.
There is no question that Plaintiff’s members have a Constitutional right to safety. The
City’s blatant disregard for the health and safety of Firefighters in its response to a COVID-19
outbreak, including (but not limited to) the return of Exposed Individuals to work upon receipt of
a negative test, contravenes the due process and equal protection provisions of the New Jersey
Constitution, Article I, Paragraph 1. Injunctive relief is, therefore, warranted.
2.

Defendants’ Actions Violate the MSRA

The MSRA, N.J.S.A. 52:27 BBBB-5(a)(3)(g) permits the Director, or Designee, to modify,
amend or terminate collective bargaining agreements if the modifications are “reasonable and

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 4 of 8 Trans ID: LCV20201700784
Page 4 of 8

directly related to stabilizing the finances or assisting with the fiscal rehabilitation and recovery of
a municipality in need of stabilization and recovery.” Defendants’ actions regarding its response
to the COVID-19 outbreak, including (but not limited to) the return of Exposed Individuals to
work upon receipt of a negative test, are neither reasonable nor directly related to stabilizing the
finances of the City or assisting with the financial rehabilitation and recovery of the City.
Defendants, by implementing the actions described herein, are violating the MSRA and must be
enjoined.
3.

Breach of Contract

Pursuant to Article 24 of Plaintiff’s Collective Negotiations Agreement, the Defendants
agreed to protect the safety of Firefighters. Article 24 (Health and Safety) of the CNA states “the
general safety and health for members of the Atlantic City Fire Department is the responsibility of
the Chief of the Department.” Exhibit A, Article 24. The City’s response to the COVID-19
outbreak has placed all Firefighters in the ACFD at risk. Plaintiff demanded that Defendants
comply the provisions of the parties’ agreement. Despite this demand, Defendants have steadfastly
failed and refused to perform their obligations under the CNA and have, therefore, breached said
agreement. As a result of Defendants’ breaches, Plaintiffs are entitled to a judgment requiring
Defendants to specifically perform their obligations as set forth under the agreements.
B. Plaintiff’s Members Will Suffer Irreparable Harm Should an Injunction Be Denied.
1.

There Are Clear Health and Safety Hazards Present for Firefighters

Plaintiff’s members face clear irreparable harm because COVID-19 presents an immediate,
serious health risk to Plaintiff’s members and their families. This is clear in light of the growing
information that COVID-19 can have long-term health consequences and even lead to death among
individuals falling in all age groups, even where such individuals do not have pre-existing
conditions. Dr. Sanjay Gupta, The mystery of why the coronavirus kills some young people,

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 5 of 8 Trans ID: LCV20201700784
Page 5 of 8

cnn.com,

https://www.cnn.com/2020/04/05/health/young-people-dying-coronavirus-sanjay-

gupta/index.html (Apr. 6, 2020).
The Union has learned of six Firefighters who have tested positive within approximately
the past three days. Varallo Cert. ¶¶ 11, 14. There are approximately 65 firefighters who are
Exposed Individuals. Varallo Cert. ¶ 20.
Pursuant to NJDOH and CDC guidance, Exposed Individuals should self-quarantine for a
period of 14 days, regardless of whether they exhibit symptoms or receive a negative test result.
Varallo Cert. ¶¶ 31, 34; Exhibits B, C. As the NJDOH has explained, a negative test result does
not mean that an individual has not contracted COVID-19, “because it may take 2-14 days for
symptoms to develop.” Exhibit B. Scientific research has revealed that there is a noteworthy risk
of false-negative test results, and that such false-negatives are significantly more likely where
individuals were tested within four days after infection. See Kucirka, MD, et al., Variation in
False-Negative Rate of Reverse Transcriptase Polymerase Chain Reaction–Based SARS-CoV-2
Tests by Time Since Exposure, Ann Intern Med, Aug, 18, 2020 (available at
https://www.acpjournals.org/doi/10.7326/M20-1495) (noting 100% probability of false-negative
result on day 1 of infection, 67% rate of false negative on day 4); Varallo Cert. ¶ 35.
Instead, Defendants have chosen to blatantly disregard this guidance, are conducting rapid
COVID-19 tests on Exposed Individuals, and upon receiving a negative test result the Exposed
Individual is immediately sent back to work. Varallo Cert. ¶ 18. Unsurprisingly, there are already
Exposed Individuals who produced a negative test result and awoke this morning exhibiting
symptoms consistent with COVID-19. Varallo Cert. ¶ 26.
It is clear that under the City’s approach, COVID-19 will continue to rapidly among
Firefighters. This is especially likely given the close quarters Firefighters operate, in which
Firefighters eat, sleep, and work together in 24-hour shifts in stations which are approximately 100

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 6 of 8 Trans ID: LCV20201700784
Page 6 of 8

years old. Varallo Cert. ¶¶ 4-8.

2.

Health and Safety Hazards Extend to the General Public

However, these health and safety risks extend beyond Firefighters to not only their families,
but to the general public. The nature of Firefighters’ work requires them to come into close contact
with the general public, including the elderly (potentially in nursing homes), high-risk individuals,
and those who will need medical attention and/or hospitalization after suffering serious injuries.
Varallo Cert. ¶ 39. By ordering Exposed Individuals to continue to go out into the public, the City
is undermining the very purpose which Firefighters seek to accomplish – save lives.
3.

The Deprivation of Constitutional Rights Further Establishes Irreparable
Harm

New Jersey Courts have held that a deprivation of a constitutional right is sufficient to
establish irreparable harm. See Garden State Equal. v. Dow, 434 N.J. Super. 163, 194 (Super. Ct.
2013) (A violation of the New Jersey Constitution results in an "immediate and significant"
hardship affecting constitutional rights); Garden State Equality v. Dow, 433 N.J. Super. 347, 353
(Law Div. 2013); City of Orange Tp. Bd. of Educ. v. City of Orange Tp., 451 N.J. Super. 310, 320
(Super. Ct. 2017). As Plaintiff’s members’ Constitutional right to safety is in jeopardy, Plaintiff
has further established that injunctive relief is necessary to avoid irreparable harm.
C. Defendants Will Not Suffer Any Harm if an Injunction is Granted
Against the tremendous backdrop of the expansive irreparable harm, Defendants will incur
no actual harm should an injunction be granted. The only harm which Plaintiffs can foresee
Defendants raising is a concern regarding staffing. However, this is only more of a reason to grant
the injunction.

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 7 of 8 Trans ID: LCV20201700784
Page 7 of 8

Presently, the ACFD consists of approximately 175 Firefighters. Varallo Cert. ¶ 42. This
is more than sufficient manpower to allow the City to continue to properly operate even if the
approximately 65 close contacts/exposed individuals were instructed to quarantine for 14 days.
Varallo Cert. ¶ 43. However, the longer Defendants wait to take action, COVID-19 will continue
to spread rampant among the Firefighters, and the resulting widespread transmission of COVID19 throughout the Firefighters will lead to serious manpower concerns. Varallo Cert. ¶ 39.
Therefore, it is vital that injunctive relief be granted to prevent further irreparable harm not only
to the Firefighters and their families, but to the general public they serve.
Conclusion
Plaintiff respectfully requests that the Defendants be restrained, permanently, from
violating the Due Process and Equal Protection Clauses of the New Jersey Constitution, Art. I,
Section 1, the MSRA, and the parties’ Collective Negotiations Agreement.

The Plaintiff

respectfully requests that this Court enter an Order:
A. Declaring that Defendants have violated the constitutional, statutory, and contractual
rights of Plaintiff and its covered members in violation of: (1) the Due Process and
Equal Protection Clauses of the New Jersey Constitution, Art. I, Section 1; (2) the
MSRA, N.J.S.A. 52:27 BBBB-1, et seq.; and (3) the parties’ Collective Negotiations
Agreement. The Plaintiff respectfully requests that this Court enter an Order:
B. Issuing a Temporary and Permanent Injunction enjoining Defendants, Defendants’
officers, agents, employees, attorneys, and all other persons acting in active concert or
participation with them, from violating Plaintiff’s constitutional, statutory and
contractual rights including, but not limited to the following:
i. Restraining Defendants from compelling Exposed Individuals to return to work
immediately upon receiving a negative COVID-19 test result, without a 14-day

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 8 of 8 Trans ID: LCV20201700784
Page 8 of 8

quarantine;
ii. Requiring Defendants to place exposed individuals on paid leave and to direct
such individuals to self-quarantine for 14 days;
iii. Requiring Defendants to have each station professionally disinfected between
shift;
iv. Requiring Defendants to strictly comply with all guidance issued by the NJDOH,
CDC, and all other Federal and State entities;
v. Requiring Defendants to provide the Union a copy of the City’s protocols for
responding to COVID-19 cases and potential exposures;
vi. Postponing the training of new hires scheduled to begin the week of September
28, 2020;
C. Awarding Plaintiff the attorneys’ fees, costs, and other expense they have incurred in
bringing this action, pursuant to state law.
D. Providing such other relief as this Court may deem just and proper.
Plaintiff respectfully requests that the injunction and restraints be imposed on Defendants
and stop the irreparable harm caused by the Defendants immediately.
RESPECTFULLY SUBMITTED
O’BRIEN, BELLAND & BUSHINSKY, LLC
/s/ Mark E. Belland, Esquire
Mark E. Belland, Esquire
David F. Watkins, Jr., Esquire
Matthew B. Madsen, Esquire
Attorneys for Plaintiff
Dated: September 25, 2020

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 1 of 10 Trans ID: LCV20201700784

O’BRIEN, BELLAND & BUSHINSKY, LLC
509 S. Lenola Rd., Building 6
Moorestown, New Jersey 08057
(856) 795-2181
Mark E. Belland, Esquire
David F. Watkins Jr., Esquire
Matthew B. Madsen, Esquire
Attorneys for Plaintiff
THE INTERNATIONAL ASSOCIATION SUPERIOR COURT OF NEW JERSEY
OF
FIRE
FIGHTERS,
AFL-CIO, ATLANTIC COUNTY – LAW DIVISION
LOCAL 198,
Plaintiff,
Docket No.
v.
CIVIL ACTION
CITY OF ATLANTIC CITY, STATE
OF NEW JERSEY, NEW JERSEY
CERTIFICATION
DIVISION OF LOCAL GOVERNMENT
OF JOHN VARALLO
SERVICES IN THE DEPARTMENT OF
COMMUNITY AFFAIRS, MELANIE
WALKER, Director of the
Division of Local Government
Services in the Department of
Community Affairs in her
official capacity,
Defendants.
I, John Varallo, of full age, upon my oath, hereby certify
and state as follows:
1.

I

make

this

certification

in

support

of

Plaintiff,

International Association of Firefighters, AFL-CIO, Local 198’s
(“IAFF 198” or “Union”) Verified Complaint and Order to Show Cause
seeking relief regarding the City of Atlantic City’s (“City”) and
Atlantic City Fire Department’s (“ACFD”) failure to appropriately
take action to remedy a COVID-19 outbreak spreading among Atlantic
City Firefighters.

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 2 of 10 Trans ID: LCV20201700784

2.

I am employed by the City of Atlantic City (“City”) as

a Firefighter and currently serve as President of IAFF 198.
3.

The

Union

is

the

exclusive

negotiating

agent

and

representative for the Firefighters employed by the City.

As

President of IAFF 198, I am responsible for negotiating the wages
and other terms and conditions of employment with the City.
Background
4.

The City’s Firefighters work in 24-hour shifts in groups

known as Companies.
5.

The City’s Firefighters work out of 6 stations located

throughout the City.
6.

Between one and three companies are located in each

station, and between approximately eight and thirteen individuals
are in each station during each 24-hour shift.
7.

During these shifts, Firefighters are in close quarters,

and eat and sleep in close proximity to one another.
8.

Five of these stations are approximately 100 years old,

and therefore have poor ventilation.
9.

One station was built approximately 20 years ago, and

the station has had HVAC issues in the recent past.
10.

The ACFD will be commencing training for new hires next

week, and such training will involve instruction and participation
from Firefighters of various ranks working out of various stations.

- 2 -

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 3 of 10 Trans ID: LCV20201700784

Positive COVID-19 Test Results & City’s Response Thereto
11.

On or about September 22, 2020, I was informed that three

Firefighters tested positive for COVID-19.
12.

Upon

information

and

belief,

the

first

Firefighter

tested positive on or about September 22, 2020, and the second and
third

Firefighters

tested

positive

for

COVID-19

on

or

about

September 22, 2020.
13.

On September 24, 2020, the Union, through counsel, sent

a letter to the City regarding the three above-referenced positive
tests and the need for close contacts to be placed on paid leave.
A true and accurate copy of the September 24, 2020 letter is
attached hereto as Exhibit A.
14.

That same day (September 24, 2020), I became aware that

three other individuals tested positive for COVID-19.
15.

Upon

information

and

belief,

the

six

positive

test

results include individuals who were located in Firehouse Station
1, Station 2, and Station 3 (“Positive Individuals”), and that
Firefighters from all six stations were in close contact with
and/or directly exposed (“Exposed Individuals”) to at least one of
the individuals who tested positive.
16.

Upon

information

and

belief,

all

six

Positive

Individuals have worked out of one of the stations in the past
week.

- 3 -

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 4 of 10 Trans ID: LCV20201700784

17.

Upon

information

and

belief,

one

of

the

Positive

Individuals developed symptoms during their September 24, 2020
work shift, was sent to take a rapid COVID-19 test, and tested
positive.
18.

The Exposed Individuals working with the above-specified

individual

received

rapid

COVID-19

tests,

and

upon

receiving

negative results were instructed to return to work to complete
their shifts.
19.
test

Upon information and belief, one of the six positive

results

includes

a

Firefighter

who

was

going

to

be

an

instructor for next week’s new hire training, and has been in close
contact with other individuals who will be instructing and/or
attending such training.
20.

Upon

information

and

belief,

within

the

past

week

approximately 65 Firefighters have been in close contact with
and/or

were

otherwise

exposed

to

at

least

one

of

Positive

Individuals.
21.

Upon

information

and

belief,

the

ACFD

attempted

to

perform a form of “contact tracing” and arrange for rapid testing
of Exposed Individuals.
22.
contact

Upon information and belief, the ACFD did not initiate
with

all

Exposed

Individuals,

and

certain

Exposed

Individuals reached out independently to obtain the rapid test.

- 4 -

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 5 of 10 Trans ID: LCV20201700784

23.

I was informed by the City that Exposed Individuals who

took the rapid COVID-19 tests received a negative test result would
be cleared to return to work immediately.
24.

Upon information and belief, the City requested that

certain Exposed Individuals work overtime.
25.

Upon information and belief, in at least one station,

Firefighters arriving for their 8 a.m. shift on September 25, 2020,
were advised to wait outside until the prior shift (which included
Exposed Individuals) exited the station, and were instructed to
clean the station immediately.
26.

Upon

information

and

belief,

at

least

two

Exposed

Individuals who produced a negative test result were exhibiting
symptoms of COVID-19 as of this morning (September 25, 2020).
27.

I have requested that the City provide me with the

protocols and procedures that the City would be following to
respond to the multiple COVID-19 cases and widespread exposure
among Firefighters.
28.

The City has not provided me with any such information.

29.

I am not aware of any further testing beyond the initial

rapid test that is being arranged for Exposed Individuals.
Failure to Comply with Federal and State COVID-19 Guidance
30.

The City’s decision to return Exposed Individuals to

work upon receipt of a single negative test is contrary to Federal
and State Guidance.

- 5 -

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 6 of 10 Trans ID: LCV20201700784

31.

The New Jersey Department of Health (“NJDOH”) instructs

Individuals who have been in close contact to a Positive Individual
to “self-quarantine for 14 days from the last date of exposure
with the person, even if [they] tested negative.” See NJ Residents
who Tested Negative for COVID:19 Instructions & Next Steps.

NJDOH

(“NJDOH Guidance”), a true and accurate copy of which is attached
hereto as Exhibit B.
32.

A negative test result does not mean that an individual

has not contracted COVID-19, “because it may take 2-14 days for
symptoms to develop.”
33.

NJDOH Guidance (Exhibit B).

Where an individual lives with a Positive Individual

(which is comparable to the unique nature of Firefighters’ work
environment where they “live” with other Firefighters in the
station), NJDOH instructs the Positive Individual to self-isolate
until certain conditions are met, and the individual living with
the Positive Individual is advised to quarantine for 14 days after
the Positive Individual’s self-isolation ends.

It is irrelevant

whether the individual is asymptomatic and/or tests negative for
COVID-19.
34.

NJDOH Guidance (Exhibit B).
The Centers for Disease Control and Prevention similarly

recommends individuals in close contact with a Positive Individual
to quarantine for 14 days from the individual’s last close contact
with a Positive Individual.

See COVID-19: When to Quarantine, CDC

https://www.cdc.gov/coronavirus/2019-ncov/if-you-are-

- 6 -

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 7 of 10 Trans ID: LCV20201700784

sick/quarantine.html
Quarantine”).

(last

visited

Sept.

25,

2020)

(“When

to

A true and accurate copy of When to Quarantine is

attached hereto as Exhibit C.
35.

Scientific

research

has

revealed

that

there

is

a

noteworthy risk of false-negative test results, and that such
false-negatives are significantly more likely where individuals
were tested within four days after infection.

See

Kucirka, MD,

et al., Variation in False-Negative Rate of Reverse Transcriptase
Polymerase Chain Reaction–Based SARS-CoV-2 Tests by Time Since
Exposure,

Ann

Intern

Med,

Aug,

18,

2020

https://www.acpjournals.org/doi/10.7326/M20-1495)

(available
(noting

at
100%

probability of false-negative result on day 1 of infection, 67%
rate of false negative on day 4).
Irreparable Harm to the Union, Members, and General Public
36.

The Union, its members, and the general public will be

irreparably harmed by the loss of Constitutional, statutory and
contractual

rights

conveyed

upon

them

under

the

New

Jersey

Constitution unless immediate action is taken.
37.

As COVID-19 is highly contagious, COVID-19 will continue

to spread throughout the ACFD.
38.

The spread of COVID-19 among Firefighters also places

their family members and housemates at risk.
39.

The nature of Firefighters’ work requires them to come

into close contact with the general public, including the elderly

- 7 -

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 8 of 10 Trans ID: LCV20201700784

(potentially in nursing homes), high-risk individuals, and those
who

will

need

medical

attention

and/or

hospitalization

after

suffering serious injuries.
40.

Therefore, the spread of COVID-19 throughout the ACFD

places the general public at risk.
41.

COVID-19 can have long-term health consequences and even

lead to death among all age groups, even where such individuals do
not have pre-existing conditions.
of

why

the

coronavirus

kills

Dr. Sanjay Gupta, The mystery
some

young

people,

cnn.com,

https://www.cnn.com/2020/04/05/health/young-people-dyingcoronavirus-sanjay-gupta/index.html (Apr. 6, 2020).
42.

The ACFD consists of approximately 175 Firefighters.

43.

Upon information and belief, the ACFD would still have

enough manpower to properly operate if the approximately 65 close
contacts/exposed individuals were instructed to quarantine for 14
days.
44.

In light of the contagious nature of COVID-19, if ACFD

continues to operate without taking aggressive action, COVID-19
will inevitably continue to spread throughout the ACFD.
45.

The

continued

spread

of

COVID-19

through

ACFD

jeopardizes the ability of the ACFD to properly operate.
46.

To prevent irreparable harm:

a. exposed Individuals must be placed on paid leave and
directed to self-quarantine for 14 days;

- 8 -

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 9 of 10 Trans ID: LCV20201700784

b. each station must be professionally disinfected between
shifts;
c. the City must be instructed to strictly comply with all
guidance issued by the NJDOH, CDC, and all other Federal
and State entities;
d. the Union must be provided a copy of the City’s protocols
for

responding

to

COVID-19

cases

and

potential

exposures; and
e. the training of new hires scheduled for the week of
September 28, 2020 must be postponed.
47.

The Press of Atlantic City has reported and confirmed

with the City that six firefighters tested positive for COVID-19
this week. (Exhibit D).

- 9 -

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 10 of 10 Trans ID: LCV20201700784

I hereby certify that the foregoing statements made by me are
true.

I am aware that if any of the foregoing statements made by

me are willfully false, I am subject to punishment.

John Varallo
Dated:

September 25, 2020

- 10 -

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 1 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 2 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 3 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 4 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 5 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 6 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 7 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 8 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 9 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 10 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 11 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 12 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 13 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 14 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 15 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 16 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 17 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 18 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 19 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 20 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 21 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 22 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 23 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 24 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 25 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 26 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 27 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 28 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 29 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 30 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 31 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 32 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 33 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 34 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 35 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 36 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 37 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 38 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 39 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 40 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 41 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 42 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 43 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 44 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 45 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 46 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 47 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 48 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 49 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 50 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 51 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 52 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 53 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 54 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 55 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 56 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 57 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 58 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 59 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 60 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 61 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 62 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 63 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 64 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 65 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 66 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 67 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 68 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 69 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 70 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 71 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 72 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 73 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 74 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 75 of 75 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 1 of 2 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 2 of 2 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 1 of 6 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 2 of 6 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 3 of 6 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 4 of 6 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 5 of 6 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 6 of 6 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 1 of 4 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 2 of 4 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 3 of 4 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 4 of 4 Trans ID: LCV20201700784

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 1 of 2 Trans ID: LCV20201700784

Civil Case Information Statement
Case Details: ATLANTIC   Civil Part Docket# L-003193-20
Case Caption: THE INTERNATIONAL AS SOCIATION VS

Case Type: CONTRACT/COMMERCIAL TRANSACTION

CITY OF ATLANT

Document Type: Verified Complaint

Case Initiation Date: 09/25/2020

Jury Demand: NONE

Attorney Name: MARK EDWARD BELLAND

Is this a professional malpractice case? NO

Firm Name: O'BRIEN BELLAND & BUSHINSKY, LLC

Related cases pending: NO

Address: 509 S LENOLA RD BLDG 6

If yes, list docket numbers:

MOORESTOWN NJ 08057

Do you anticipate adding any parties (arising out of same

Phone: 8567952181

transaction or occurrence)? NO

Name of Party: PLAINTIFF : THE INTERNATIONAL
ASSOCIATION
Name of Defendant’s Primary Insurance Company

Are sexual abuse claims alleged by: THE INTERNATIONAL
ASSOCIATION ? NO

(if known): None

THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE
CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION

Do parties have a current, past, or recurrent relationship? NO
If yes, is that relationship:
Does the statute governing this case provide for payment of fees by the losing party? NO
Use this space to alert the court to any special case characteristics that may warrant individual
management or accelerated disposition:

Do you or your client need any disability accommodations? NO
If yes, please identify the requested accommodation:

Will an interpreter be needed? NO
If yes, for what language:
Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO

I certify that confidential personal identifiers have been redacted from documents now submitted to the
court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b)
09/25/2020
Dated

/s/ MARK EDWARD BELLAND
Signed

 ATL-L-003193-20 09/25/2020 5:27:23 PM Pg 2 of 2 Trans ID: LCV20201700784