The below calculation was made after entering the
information from Tony Luna’s current contract.
The calculator came from the following web page:
What is Luna
contributing towards his health insurance?
What has he contributed since May 21, 2010? Has he contributed too little? Is he contributing anything?
Luna’s last two contracts contain too many inconsistencies
Chapter
2, P.L. 2010
State Law required that Tony Luna contribute a MINIMUM
of 1.5% of his base salary towards health insurance effective May 22, 2010.
However,
on May 17, 2010 the Lodi Mayor and Council approved a new contract for him that
states:
“The Borough
shall pay for the full cost of the premiums for Manager that enroll in the
Direct 10 Plan.”
Taken
from page 15 of the May 17, 2010 contract:
Luna
is a “nonaligned” employee. He has an
individual employee contract. He is a
not part of any collective negotiations agreement. There is no language in his contract to make the case otherwise.
Please
read #23, 24, 26, and 27 below.
If Alan Spiniello was the legal counsel
for this contract, then he used “discretion” to ignore the law. The
only thing going for him was this was never challenged in the judicial process.
Luna’s Current Contract
Is
Luna currently paying 1.5% of his base salary or nothing at all? Neither is in compliance with the law.
On
page 14 of his current contract, it states that Luna is required to pay 1.5% of
his base pay. At the time his contract
was approved on February 18, 2014, he was required to pay a much higher
percentage. 1.5% was not the present rate
at the time. Look at the calculation at
the top of the page.
Look
at page 14 of the current contract:
Page
18 of the current contract is a form that Tony Luna certified on October 28,
2008. It states that Tony Luna was a
retiree of the Borough and Lodi would be paying 100% of his premiums. He listed himself with police officers that
retired with 25 years or more of service or a disability pension. He is the only current employee listed as a
Retiree. He is the only listed employee
that is not a retired police officer.
If Tony Luna certified this form in
2008, why wasn’t it included it in his 2010 contract? What is his intention now?
Limited and Prohibited by
Law
A
few years ago at a council meeting, I questioned the legality of Subsection B
on Luna’s 2010 contract:
“Upon retirement or termination from employment or non-renewal of the
Agreement between the Borough and the Manager, the Borough of Lodi shall reimburse
the Manager for an amount not to exceed $5,000.00 annually for any supplemental
health coverages he shall purchase upon retirement or termination of his
employment from the Borough. Said reimbursement for supplemental health
coverages shall be made to the Manager for the rest of his life. Said reimbursement
shall be made payable to the Manager upon the Borough receiving a statement or
invoice from the insurance company that provides the supplemental health
insurance that was purchased.”
I
asked how this council can hand out a lifetime benefit that wasn’t awarded
through collective bargaining and doesn’t apply to every other employee. I questioned whether future administrations would be required to honor it.
As with everything else, this Administration could not defend it's actions.
So
after my questioning, this sentence was added to the 2014 contract:
“Provided however notwithstanding the foregoing, in the event that
State Law prohibits said reimbursement or limits said reimbursement, then in
that event said reimbursement shall be limited to comply with New Jersey State
Law as amended from time to time.”
The
new sentence was only added because the Lodi Mayor and Council know that lifetime perks cannot be awarded
by a handful of rogue and lawless politicians.
