6-Figure Settlement For Gay Ex-Toms River Administrator In Discrimination Suit

TOMS RIVER, NJ — Former Toms River Township business administrator Donald Guardian is slated to receive a $690,000 settlement in a discrimination lawsuit he brought against the township, Mayor Daniel Rodrick said.

Guardian was hired as the township's business administrator in late 2017 by then-Mayor Thomas Kelaher, replacing long-time administrator Paul Shives, who had retired. Guardian began working for Toms River after spending four years as mayor of Atlantic City and 20 years as the director of the city's business improvement district.

In June 2020, Guardian went out on medical leave following a medical episode that happened at the end of a Toms River council meeting. When Guardian notified then-Mayor Maurice B. Hill that he was ready to return to work a few months later, Hill told Guardian the township "was moving in a different direction."

Louis Amoruso, the township's assistant business administrator, was the acting business administrator while Guardian was out and was appointed permanently by Hill to replace him.

Guardian, a Republican who was openly gay, alleged in his lawsuit that Hill and Amoruso used homophobic slurs during an argument with Guardian at the June 9, 2020, meeting, calling him a "f---t" and a "f---g pervert."

He also alleged Hill insisted on making Amoruso the assistant business administrator in spite of state law and an opinion from then-assistant township attorney Anthony Merlino saying Toms River was not large enough to meet the criteria for having an assistant business administrator.

Guardian also alleged violations of the Conscientious Employee Protection Act, saying he was terminated because he pointed out situations and actions that were illegal or potentially illegal. Among the issues he alleged, in addition to Amoruso's appointment, were the council dragging its feet about presenting the zoning changes the township agreed to in the settlement with the federal Justice Department over violations of the Religious Land Use and Institutionalized Persons Act, and a land deal where the township sold a piece of property to an LLC that was not created until two days after the sale, according to the lawsuit.

Guardian additionally accused Amoruso of interfering with his employment when Guardian applied to become the Toms River Municipal Utilities Authority business administrator.

None of those accusations have been publicly addressed beyond denials in court documents.

According to the court docket, the settlement agreement was reached as the case was set to go to trial later in October.

Rodrick, in announcing the settlement, said the Joint Insurance Fund, which provides the township's liability coverage, made the offer that was accepted by Guardian and his attorneys on Friday.

"I was relieved to learn that the JIF made an offer to Guardian," Rodrick said. "The township would’ve gotten crushed at trial. It’s pretty clear that Mo Hill and Lou Amoroso discriminated against Guardian for being an openly gay man."

"Mr. Guardian took the position just a few months before I was first sworn in on town council and he was working put the township back on a fiscally sustainable path," Rodrick said. "He was a good administrator and I want to apologize to him on behalf of Toms River Township. No one should be treated that way because of who or what they are. I’m sorry they treated him that way."