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The Asbury Park City Council will introduce an ordinance that eliminates the Department of Commerce during its Wednesday night meeting. The Department was headed by Tom Gilmour, a 14-year employee whose tenure with the city is slated to end Friday.

But Gilmour’s attorney Luanne Peterpaul of Gluck Walwrath, Red Bank, maintains the municipality did not follow proper procedure.

“They issued a letter of termination to Tom that is factually incorrect,” Peterpaul said. “They have not met the requirements under his ASME contract. The city was asked to correct that error but they have not responded to the request.”

Founded in 1932, the American Federation of State, County and Municipal Employees [ASME] is the largest trade union in the nation.

Acting City Manager Tony Nuccio said Gilmour was initially hired as the director of the now defunct UEZ program. He was among approximately 12 unclassified employees who received two letters indicating their position may not be maintained when the city changed its form of government this year. Those letters were sent in November 2014 and February 2015.

“It had previously been determined that the Department of Commerce would not be deleted from the Code until such time as the City Council were ready to make such a move,” Nuccio said in a written statement. “However, it is anticipated that the City Council will be making changes to the code that will impact the Department of Commerce.”

Job titles and duties fall under the municipality’s administrative codes, adopted via an ordinance introduction, public hearing and vote. The process is split between two City Council meetings.

Municipal attorney Fred Raffetto said Gilmour had to be released from his duties before the City Council could vote to eliminate the Department of Commerce.

But Gilmour has said it is the other way around.

“They can’t get rid of me until they eliminate my position,” he said.

Gilmour maintains he should remain in the position until the ordinance is introduced, a hearing is held, and vote is cast. This would push his termination back by at least one month.

Peterpaul said although Gilmour received over 11 notifications during an 18 month period regarding the municipality’s intentions but nothing ever happened. She said Gilmour was turned down for the City Clerk position but was urged to apply for the newly created Director of Communications position. Gilmour said the position was half of his $91,350 salary.

According to Peterpaul, Gilmour’s union contract honors civil service rules as it pertains to the time of one’s layoff, whether it is for an unclassified employee or not.

“They have to notify the union and negotiate over the impact as it applies to Tom,” Peterpaul said. “There’s been no discussion with regard to severance, benefits, or vacation time. He’s given 14 years to public service and now is just being shown the door, not to mention the impact it will have on the city in the future.”

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