Tuesday, June 6, 2017

The Lawsuit Does Not Exist!

Image may contain: one or more people and indoor
Fire Chief Frank Tidwell

Thanks to Michael Townley for letting us know that a Notice of Tort Claim was filed, not a lawsuit. 

 According to online legal sources, this notice must be filed within 90 days of the alleged incident or injury.. The claimant must wait six months before filing a lawsuit in order to allow the public entities to investigate and possibly settle the matter.

David Rutherford published a link to the 10-page document. Although on two posts he refers to it as a lawsuit, the document clearly advises the parties noticed that "if any party is interested in solving this matter pre-litigation" they should contact the office of Gina Menola Longarzo, LLC.

Chief Tidwell is seeking $2.5 million in damages or maybe more, according to the notice. .

Plaintalker II is cited in the notice regarding an anonymous "leak" in September 2016. A check shows the comment was not published because of its nature!

If news of the "lawsuit" was meant to harm the incumbent, guess what? By the time six months has elapsed, if a new person holds the office, he or she will also be holding the bag.

One of the issues raised in the notice is that the Fire Chief's salary has not been raised in years. Interestingly, in 2014 Tidwell's salary was higher than that of the city administrator and all three department heads, including his superior, the director of Public Affairs & Safety.

The city had raised the salary of the chief financial officer in order to attract one, as there were very few available in the state and the city had gone without one for several years. The CFO salary was the only one higher than the fire chief's.

This matter will now be in the hands of legal counsel for all parties given notice of the tort claim. 

--Bernice



26 comments:

  1. A claim of tort signify that someone was hurt by a action of another. And is filing suit to be compensated for injury.

    ReplyDelete
  2. The use of the term that a lawsuit don't exist is smoke and mirrors. The real issue did riley conspire to ruin and harm individuals in his capacity as the public safety director.

    ReplyDelete
  3. I am shocked after reading the document and how could they target Ken Reid he is the heart and soul of Plainfield and the police department

    ReplyDelete
    Replies
    1. He wasn't targeted. As a result of his actions which he should have been indicted he was allowed to retire. Reid should thank a few people.

      Delete
    2. Reid retired when was this. He was truly one of the greatest

      Delete
  4. I agree with 4:39. Tort claim, lawsuit, sounds like a technicality. It's public record and it contains serious allegations against people.

    ReplyDelete
  5. I'm very disappointed in your title Bernice. Is this tort claim not alleging the same things as the reported lawsuit? Your title is very misleading and you know it. It implies nothing exists. What you really mean to say is that the lawsuit is technically still a tort claim. I have read your blog almost daily since you were Plaintalker without the II but this is beneath you, to issue a title like that over a correction of a technicality (something you do regularly). Maybe you are as wrapped up in election season as everyone who write about.

    ReplyDelete
    Replies
    1. Hey 8:17AM - Why don't you write a blog and spend hours investigating and hours of what could be free time to bring unbiased information to Plalinfield!

      If a Tort and a lawsuit are the same thing, why are there two words for it, and why are the definitions different.

      Maybe you are wrapped up in your own self importance, and that you know more about these things than a seasoned journalist?

      Like I said, write your own blog about this.

      Delete
    2. To Anon 8:17 - I think Bernice is perfectly capable of writing exactly what she means. If you wish to share information in the manner that YOU think it should, why don't YOU take the time to research, formulate and write a blog? Kudos to Bernice for publishing dissenting opinions and personal criticisms. I don't think that my skin would be thick enough if I walked in her shoes. - AD

      Delete
  6. It is a shame how those who support Mayor Mapp and his administration likes to defend his dictatorship ways, the fact of the matter is a tort claim is the steps you have to take to start the legal process.To say it's only a tort claim means your saying it is no big deal,well I'm here to tell you it is to me as a tax payer because we the tax payers are the ones that have to pay for the dishonest, corruption and harassment this administration has displayed.

    ReplyDelete
    Replies
    1. This has nothing to do with Mapp. It has everything to do with plain English. No one said it was not a big deal, just that a tort and lawsuit are two separate things.

      It's a shame that those who see nothing improved in Plailnfield during Mapp's administration like to take any opportunity to bash him, just because of personal dislike.

      Delete
    2. What Bernice said is "The lawsuit does not exist." She's a liar and not a journalist. Her title was meant to deceive.

      Delete
    3. Hey Lizzy. If you find Bernice's blog to be deceitful, don't read it! It's very simple. Maybe you should stick to the tabloids in the supermarket check out aisles. Didn't you hear that Elizabeth Taylor is carrying Elvis' baby? - AD

      Delete
    4. Hey Lizzy, What you said was stupid.

      Delete
  7. All I can say is WOW! Riley needs to go and so does Mapp.

    ReplyDelete
    Replies
    1. Why does Riley need to go when he has repaired the mess Hellwig and Briggs created. Anon must be o e of the ones in the past mess

      Delete
    2. Actually Tidwell is the problem, he needs to go. All the problems arise from his tenure.

      Delete
  8. In a lawsuit, both sides go to court to seek a decision. This tort notice reflects one side and the other side has six months to investigate and make their case. Or they can settle and not litigate.

    ReplyDelete
  9. Concerned CitizenJune 6, 2017 at 10:09 AM

    @8:17AM you can read about the difference between a claim and a lawsuit at the following link: https://koonz.com/whats-the-difference-between-a-claim-and-a-lawsuit/ There is a difference.

    This is the same Chief Tidwell who, according to legal documents, rose through the ranks over his 37 year career in the Fire Department and, now, all of a sudden he's being discriminated against by other blacks!?

    Chief Tidwell's lack of judgement in filing this bogus claim is as poor as his judgement in 2012 when he was arrested for drunk driving, an embarrassment to the City and its residents.

    The claim laid out by his attorneys is very week, playing every card there is to be played, hoping something will stick.

    Seems like the Chief is trying to set himself up for a comfy $2.5MM retirement pay day AT THE EXPENSE OF TAX PAYERS! Ah, yes, another money-grabbing "loyal civil servants".

    So, is it about hiring the best person for the job whether black or white or, is it about filling quotas? I wonder what angle Mr. Tidwell's attorneys would have used if Deputy Chief Courtney was a minority as well.

    As much as I would like to provide my name, I'm afraid the PFD wouldn't show up if I had an emergency.

    ReplyDelete
  10. This title is misleading and the article appears one sided.

    This is not my first time hearing about employees going through issues such as this with this administration. The employees act more out of fear than professionalism. There's no room for a professional opinion other than what the Mayor, Rick Smiley or the vacuum middle managers believe is correct. This is no way to run a municipal government! Listen to your professionals! Appreciate them. Stop operating in a political vacuum and institute people who are knowledgeable and focussed on the improvement of the community and not their pockets.

    I've spoken to many employees and unless you've donated to the mayor's campaign (seriously, go look on the ELEC.gov website) or volunteer for his campaign, you will be stonewalled. That mafia "for us or against us" attitude will eventually come back to haunt you, as you can clearly see above.

    ReplyDelete
    Replies
    1. Sharon ran her City government with only her making decisions and removing those who did not follow her lead.

      Bernice's title is correct, but it seems that certain people brought this out in a loud way just before the election. I wonder why. This is not something that just happened. I hope justice is done, but timing is often to the benefit of unnamed individuals, especially at election time. This publicity won't help Chief Tidwell, who has done an excellent job at a very good pay scale with a great retirement package. I thank him for his service.

      Delete
  11. For all intents and purposes it is a lawsuit. It is the first step of a lawsuit against a public entity. Your title is misleading and unduly dismissive of these serious allegations of misconduct!

    ReplyDelete
  12. Anon 8:17 a.m. - Bernice is correct - a lawsuit has not been filed. Chief Tidwell has served notice on the city that contain allegations. Depending on how the city responds to the allegations, this notice may result in a settlement, a rejection, or the filing of a lawsuit. Chief Tidwell is following the law by letting the City know that he intends to sue if the matters cannot be resolved.

    ReplyDelete
  13. Let's just say that it shows character and lack there of, Tidwell is publicly releasing documents to humiliate or hurt reputations of parties named and from what I read Deputy Chief Cortney has remained a gentleman by handling it professionally and utilizing the court system. No airing of dirty laundry in public forum and if what I read is correct his suit is over 2 years old (shows merit that claim is valid) Shame on Tidwell on all fronts shows his vindictive character. Seems to me that he was doing an inadequate job and others were put in place to do the work.

    ReplyDelete
  14. Again it is directed at you Bernice, that in City Hall ...

    No Good Deed Goes Unpunished

    ReplyDelete
  15. This administration is not above reproach. As GB said, "No Good Deed Goes Unpunished." For those who are looking through rose-colored glasses the truth will be revealed sooner than later. Corruption at its best and Plainfield will get to witness it. Stay tuned!!!

    ReplyDelete