Former West New York Recreation Director Jorge Gomez has filed a federal lawsuit alleging he was filed over politics after supporting then-Commissioner Cosmo Cirillo’s campaign for mayor in 2023.
By John Heinis/Hudson County View
“Mr. Gomez’s involvement with and support of Mr. Cirillo’s campaign included, but was not limited to signing petitions, circulation of petitions, door knocking, literature distribution, fundraising, donating to the campaign, display of campaign signs at his home, delivering signs to other homes, accompanying candidates to events, event coordination, field strategy, assistance with campaign messaging, marketing and outreach,” the four-count lawsuit, filed in the U.S. District Court of New Jersey on Tuesday, says.
“All of Mr. Gomez’s involvement with and support of Mr. Cirillo’s campaign occurred outside of his working hours and took place outside the Town’s facilities. Nevertheless, Mr. Gomez’s involvement with and support of Mr. Cirillo’s campaign was well known by all defendants.”
The suit names the Town of West New York, Mayor Albio Sires, Business Administrator Luis Baez, Commissioner Marielka Diaz, and Human Resources Director Kelly Schweitzer as defendants.
The court filing notes that Gomez began serving as the rec director on June 15th, 2015 under then-Mayor Felix Roque, who had previously unseated Sal Vega – Gomez’s uncle – in the prior election cycle in 2011.
On February 14th, 2023, when Cirillo was the public affairs commissioner that included overseeing the rec department, he allegedly sent an email to Schweitzer ordering that Gomez’s title be changed to a Clerk I so he would be a civil service employee.
While she confirmed receipt a week later, Schweitzer and Baez never honored the request and Gomez was handed a termination letter at approximately 3:30 p.m. on May 16th, 2023, about three hours after Sires had officially been named mayor.
“Mayor Sires, Baez, [and] Schweitzer conspired with one another and acted in concert with each other in the scheme to terminate plaintiff’s employment in retaliation for his political activities, speech, expression, and association with and in support of the political campaign of Commissioner Cirillo and to deny him protections available to civil servants under the Civil Service Act by failing to process and/or acknowledge his change of title to a classified position,” Gomez’s attorneys, Richard Malagiere and Leonard E. Seaman wrote.
” … He was replaced by a known supporter of Mayor Sires who not only has no experience running a recreation department but also has less seniority than Mr. Gomez.”
Diaz ended up being Cirillo’s successor, currently serving as the commissioner of public affairs.
Furthermore, the lawsuit alleges retaliation that violates free speech, governmental policy of procedure to violate civil rights, common law conspiracy to violate civil rights.
As a result, Gomez is seeking compensatory, nominal, and punitive damages, as well as interest costs of suit, attorneys’ fee, and any other relief the court deems just and equitable.
Baez, speaking on behalf of the administration, said the lawsuit has no merit.
“The bottom line is this claim is frivolous, we don’t engage in political retaliation in West New York, politics was not the reason he was let go, it was a legitimate separation, and that will be proved in court,” he told HCV.