Englewood NJ faces lawsuit from fire department member

An Englewood firefighter says the city and members of the administration retaliated against him after he spoke to the council about union contract negotiations.

John Escobar is a firefighter in the city and president of the International Association of Firefighters Local 3263. The lawsuit, filed June 28 in Bergen County Superior Court, states that the firefighters union and the city have been in contract negotiations “for years.” According to the lawsuit, the collective bargaining agreement expired four years ago and they have failed to reach a new contract.

Charles Cobb, the council chairman, and Robert Hoffman, the city manager, were also named in the lawsuit in their professional and personal capacities. Hoffman said the city has not yet received a copy of the lawsuit.

Escobar said he received a preliminary notice of disciplinary action after speaking at a council meeting on May 21. The lawsuit says the meeting discussed pay increases for unclassified employees. During public comment, Escobar spoke “to object to the lack of an agreement with the city in which other employees received pay increases.”

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The lawsuit states that Hoffman stood up to speak to Cobb during Escobar’s remarks, and Cobb interrupted him, telling Escobar that “contract negotiations must be discussed in private negotiation meetings with the city” and did not allow him to speak during public comments.

According to the lawsuit, the disciplinary notice said the man would receive a written reprimand because he “attempted to violate the authority and duties of the city manager and his guidelines for the supervision of city employees” and that if he committed the same act in the future, he could face severe disciplinary action, including suspension and loss of pay.

The lawsuit accuses the city, Cobb and Hoffman of violating his rights to free speech, his right to unionize, and the state Civil Rights Act.

Escobar is seeking an injunction to prevent the defendants from “interfering with (his) public statements as a private individual related to union activities and similarly constitutionally protected speech by union members.” He also wants the disciplinary notice and the May 28 disciplinary record removed from his personnel file.