Howell Councilman Targeted Immigrants In 'Blatantly Discriminatory' Actions, Ex-Township Manager Says

HOWELL, NJ — Howell Township officials sought to enact "blatantly discriminatory" ordinances and took actions sparked by racial bias, then retaliated against former Township Manager Joseph Clark when he opposed them, Clark alleges in a lawsuit.

Clark, who resigned as the township manager on June 21, filed the lawsuit July 25 in Superior Court in Monmouth County. It names Mayor John Leggio, Councilman Ian Nadel, municipal clerk Diane Festino and Councilwoman Susan Fischer as defendants. Nadel and Fischer were elected to the council in November 2022. Leggio was elected mayor in November 2024.

Clark was the Howell Township attorney from December 2017 until being appointed township manager in 2022.

Much of the lawsuit cites actions and statements by Nadel alleging multiple incidents of racially biased and discriminatory comments and actions directed at the immigrant community. Clark alleges Nadel wanted Clark and assistant Township Manager Matthew Howard to issue code violations to properties with the intent of revoking certificates of occupancy for those Nadel believed housed undocumented immigrants.

In one instance in October 2024, Nadel took a class roster from one of Howell's schools and asked Clark and his office to see if the township had "records of children being listed on rental certificates ... and using said names to inquire into living situations," according to the lawsuit.

In a September 2024 message, Nadel asked Howard to contact the police department for names and addresses of young teens, whom Nadel characterized as Mexicans, accused of stealing bicycles from other kids and threatening them with a machete, to check against rental listings in town and "Possibly pull CO based on criminality."

Nadel also suggested having a Howell code enforcement officer drive around the township on recycling day "to investigate which houses had the most Modelo bottles in the recycling bins."

"Defendant Nadel explicitly told Plaintiff and Mr. Howard that Modelo beer bottles would alert Defendant Howell to the presence of illegal aliens," Clark's lawsuit alleges.

Nadel also drafted an ordinance that would have targeted tenants with the intent of forcing out immigrants, Clark said, including requirements that included presenting proof of U.S. citizenship or resident alien status for all tenants; revoking rental certificates of occupancy based on an arrest for any criminal offense including disorderly persons at a rental property and requiring a weekly update from Howell police on arrests "of all police responses and the reason for the call to any rental property within Howell Township, all arrests that fit the criteria of a rental CO revocation, and the names and addresses of any individual arrested within Howell Township that is suspected of being a criminal illegal alien."

Clark said he refused to implement "blatantly discriminatory ordinances that would have unlawfully targeted immigrant communities, stripped tenants of their housing rights, and sanctioned racial profiling under the guise of code enforcement."

He said he and Howard "objected to the above proposed enactments as biased, illegal, and targeted towards removing housing rights from individuals for unrelated offenses.

"Further, Plaintiff and Mr. Howard advised Defendants Leggio and Nadel, on multiple occasions, that crafting legal ordinances takes time, and that any such enactments would have to be tailored in a fair, unbiased manner," the lawsuit said.

"Rather than engage Plaintiff in a meaningful dialogue or revise the proposals to comply with applicable law, Defendants responded with escalating efforts to undermine and discredit Plaintiff culminating in a blatantly retaliatory suspension and Plaintiff’s constructive termination," Clark said. "... despite Plaintiff’s consistent guidance as to what Defendant Howell can lawfully regulate, Defendant Nadel repeatedly pressured Plaintiff to take steps that would illegally discriminate or target rental properties and their occupants."

Clark said that retaliation included Nadel and Leggio publicly blaming him for the June 5 slaying June where a Howell resident was found dead of a gunshot wound in a car in front of a home on White Street.

Clark said Nadel sent a text on June 5 saying, "Just heard that there was a murder on white st with a barricaded perp on Southport. Hearing Mexican victim. Time for a full on ban on illegal aliens renting in our town. Let's update our ordinances and revoke all their COs. We can defend it all in court if we need to. Also great work by Storrow saying we don't have MS13 members in Howell...."

Storrow is John Storrow, Howell Township's police chief.

Clark cited a statement posted the day after the slaying on Nadel's public Facebook page, attributed to Nadel and Leggio, that said: "With regard to yesterday's events in our township, we cannot comment on an active investigation.

"With that be said we are completely disgusted with certain Township officials that allowed this situation to happen, and allowed our residents' quality of life and safety to go downhill. Quality of life is one of our utmost priorities in Howell. We will not sit idly by while our town continues to deteriorate. We stand with our residents and will be a voice to correct all of these issues currently happening within our municipality.

"In the coming weeks we plan on introducing additional ordinances to combat these quality of life issues and taking a firm stance on addressing all of these safety and quality of life concerns," the statement said.

Another Howell man was arrested about 10 days later and charged in the killing. Prosecutors allege the killing was the result of a love triangle.

Clark additionally alleges Leggio used anti-LGBTQ slurs and subjected him to "repeated instances of age discrimination by 'frequently asking me [Plaintiff] how long I plan on staying here in Howell, or when I am retiring. It feels as if my age is a problem for him.' "

"Defendants’ retaliatory animus and conduct only further intensified, including improper inquiries into Plaintiff’s personnel records and personnel-related discussions held in executive session without the legally required Rice Notice," the lawsuit alleges.

Fischer is accused in the lawsuit of taking part in a detailed plan to suspend Clark — a plan written by former mayor Joseph DiBella. That plan included appointing Festino to the post instead of Howard, which Clark contends violates the township ordinances.

Festino, Clark alleges, "was walking around the clerk’s office (on June 24) advising employees to watch that night’s meeting because there was 'a plan in place' and that 'it was going to be good.' "

Clark accepted the position as borough administrator in Stone Harbor on June 21 and submitted his letter of resignation the following day, with an end date of July 11. He was suspended by the Township Council at the June 24 meeting in spite of urgings from Township Attorney Jean Cipriani to hold off.

Leggio, Nadel and Fischer all voted in favor of the suspension and of making Festino the interim township manager. Councilman Fred Gasior voted no, and councilwoman Evelyn O'Donnell voted no on the suspension and abstained on Festino's appointment.

Leggio also made statements at the June 24 meeting saying the mayor and council only make policy but do not run the day-to-day operations of the town. Howell is a weak mayor-council form of government under the Faulkner Act; executive authority flows through the township manager, officials said.

"Just remember who runs the town," Leggio said. "It's not the mayor or anyone sitting up here."

Leggio declined to comment on Clark or the suspension when contacted by Patch following the June 24 council meeting.

Gasior has since resigned from the council.

At the July 29 Township Council meeting, John O. Gross was appointed interim township manager. The council also approved the introduction of an ordinance to regulate boarding houses. That ordinance has to go before the township's zoning board before it is up for a final vote by the council.

The next Township Council meeting is set for Aug. 12.