Council Considers Second Lawsuit From Former OCBP Chief
Oliver Muzslay is suing for seven years of pension payments.
Having already received a $450,000 settlement in an age-discrimination lawsuit, a former captain of the Ocean City Beach Patrol now seeks seven years of $10,169.50 annual pension payments in a newer lawsuit.
The pension payments were never issued after Oliver Muzslay's position was eliminated in 2001.
City Council discussed Muzslay's lawsuit in executive session at its last meeting on Sept. 27 — a sign that the governing body may be considering another proposed settlement.
Oliver Muzslay served for 44 years on the Ocean City Beach Patrol, including 17 as captain after the retirement of George Lafferty. But Muzslay and the position of captain were removed in a 2001 reorganization that placed the formerly autonomous beach patrol under the jurisdiction of the Ocean City Fire Department.
Muzslay qualified to receive his pension at the time he left the patrol in 2001, but he did not receive his first payment until his "many letters and communications" were acknowledged in 2009, according to the lawsuit (see attached PDF). Muzslay's lawsuit seeks retroactive payment of his pension from 2002 through 2008.
Muzslay's lawsuit was filed in October 2011 against the City of Ocean City Lifeguard Pension Commission, which is funded by an equal combination of payroll deductions from working lifeguards and contributions from city taxpayers. Retired lifeguards qualify for a pension based on years of service and receive annual payments that represent a portion of a summer's worth of pay.
The city faces several other lawsuits, and taxpayers pay the cost through legal fees and increased premiums to the joint insurance fund that protects the city.
Muzslay signed a settlement agreement in December 2008 in his age-discrimination lawsuit against the City of Ocean City, former Mayor Henry Knight and former Public Safety Director Dominick Longo. The confidential settlement gave Muzslay $450,000 (see attached PDF). The suit was based, in part, on published comments from Knight that the city was looking for "some younger people" to take command of the OCBP.
The settlement agreement in the age-discrimination lawsuit did not in any way affect Muzslay's right to collect the annual pension he earned, according to the new lawsuit.
The lawsuit seeks back payment of pension benefits of more than $70,000 and attorney fees and costs.
The city faces another age-discrimination suit from former Ocean City Beach Patrol Lieutenant Edwin Yust.
Muzslay was succeeded by Thomas Mullineaux, who took control of the beach patrol working under the fire department with the new title of operations director.
Silver Mariposa
8:09 am on Tuesday, October 9, 2012
Here we go again. The City has a history of settlements and seems to be the Golden Cow. Why not just let it go to court if the City is in the right. If they are not sure of their legal standing, then sweeping changes should be made to the management and administration.
Ellen
10:00 am on Tuesday, October 9, 2012
Agreed!
Michael Hamilton
11:24 pm on Wednesday, October 17, 2012
Lifeguard Pension Commission
Purpose: To oversee and administer the pension system for members of the Ocean City Beach Patrol.
Membership: Four(4) members consisting of one(1) senior officer of the beach patrol (Dennis Swan),one(1) lifeguard (Jack Brooks), two(2) Ocean City citizens ( Angelo Psaltis, Mike Dattilo, Chairperson).
Members are appointed by the Mayor with the advice and consent of the City Council.
Roy H Zehner
9:41 am on Tuesday, October 9, 2012
Agreed...seems like some have found a new retirement program. Maybe Atlantic City has set a presidence for those looking for large hand outs.
jeff
1:00 pm on Tuesday, October 9, 2012
Yes all these law suits in this little town due to incompetence and mismanagement.
Time to stop fooling around, and manage this town properly,
Robert McKenna, MIKE
5:55 pm on Tuesday, October 9, 2012
This is not about a big payday. This is a lawsuit that should have never happened if the town was managed properly. Discrimination in any form is easily avoided if management knows what they are doing; harsh penalties are sometimes the only recourse to make sure everyone is treated fairly.
Mike Paparo
7:52 pm on Tuesday, October 9, 2012
Mayor Bud Knight was the single most destructive force to hit Ocean City in decades and we're still paying for his incompetence. And you thought the Brazilian hardwood contract was a snafu!
Michael Hamilton
2:19 pm on Wednesday, October 10, 2012
From the article by Doug Bergen:
Oliver Muzslay served for 44-years, 17 as Captain (a fact that historian Fred Miller totally ignores in his OCBP-history books) was removed from his position of Captain in 2001 when the formerly autonomous beach patrol, was placed under the Ocean City Fire Department. The title of Captain(not the position) was eliminated in favor of "operations director". This slimy maneuver perpetuated by determined cronies, gave justification to remove Muzslay and put in Bud McKinley, who was one of two assistant captains at the time. It all started to go wrong when McKinley (about the same age as Muzslay) died from a coronary event literally the day before, he was to head up the Patrol in 2001. Subsequently, Tom Mullineaux, a lieutenant at the time, slid into the now "director" position, after another OCBP administrator(closely aligned with now deceased Public Safety Director Longo) determined he could not answer the bell.
Position Description City of Ocean City Fire Chief (in part as it relates to the Beach Patrol), December 2006:
*manages seasonal Beach Patrol and Medics. The job Muzslay did for 17yrs as Captain and with much fewer OCBP ADMINISTRATORS and no controversy(ethics, lawsuits).
*Manages four beach patrol zone headquarters, and one boat shop and storage facility. What exactly does the OCFD Chief do, sweep the places out?
*Manages beach patrol equipment. ?
Muzslay salary= $20,339.00 in 2000
Mullineaux salary= $41,000.00 in 2012
Eric Sauder
3:15 pm on Wednesday, October 10, 2012
Thanks for the background info Mike.
Robert McKenna, MIKE
6:11 am on Thursday, October 11, 2012
Good info.