HOWELL – Two whistleblower lawsuits filed in Monmouth County Superior Court accuse Howell Township’s top officials of harassment, retaliation, and attempts to advance policies that plaintiffs say were unconstitutional.
The complaints, filed by former Township Manager Joseph Clark and Deputy Township Manager Matthew Howard, claim both men were forced out of their jobs after objecting to ordinances they believed unlawfully targeted immigrant and minority residents.
The town manager position is the top administrative officer of the town, overseeing daily operations.
Defendants named in the lawsuits include Mayor John Leggio, Councilman Ian Nadel, Township Clerk Diane Festino, and Councilwoman Susan Fischer. Attorneys R. Armen McOmber, Austin Tobin, and Christian Fechter of McOmber, McOmber & Luber, P.C. are representing both plaintiffs
Both lawsuits center on a series of proposals that, according to the plaintiffs, would have weaponized housing regulations.
Among the measures outlined in Clark’s amended complaint were ordinances requiring tenants to present proof of US citizenship or permanent residency within 60 days of a rental Certificate of Occupancy (CO) issuance. Other provisions called for revoking COs if any tenant was arrested, even for minor disorderly offenses, or if police or code enforcement responded multiple times to a property within a single year.
Immigration has been a hot topic in the community for quite some time. At the governing body’s February 4 meeting, officials unanimously passed a resolution opposing New Jersey’s ‘sanctuary state’ policies, declaring that Howell Township is not a ‘sanctuary city.’
The suits also detail messages sent by Councilman Nadel, which plaintiffs say revealed a pattern of racial and ethnic profiling. In one text, Nadel referred to “two 14-year-old Mexicans” suspected of bike theft and asked for their addresses to potentially pull a CO. In another, he wrote: “Illegal immigrant shutting off a portion of power grid seems like an act of terrorism in my opinion which can be good reason to revoke a CO.”
Howard’s lawsuit adds an allegation that Nadel suggested monitoring recycling bins for Modelo beer bottles, claiming that would identify undocumented residents. Clark and Howard both refused to act on the directive, calling it blatant racial profiling.
The conflict escalated in June 2025, after a homicide occurred in Howell. Instead of addressing the incident, Nadel sent a text urging an immediate ban on what he referred to as “illegal aliens”: “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.”
These are in reference to Police Chief John Storrow. MS-13 is the name of a street gang that originated in California among Salvadoran immigrants.
The following day, Leggio and Nadel allegedly posted a statement on Facebook, saying they were “completely disgusted with certain Township officials that allowed this situation to happen.” Both lawsuits claim the post deliberately and falsely implicated Clark and Howard in the tragedy, serving as retaliation for their repeated objections.
Retaliation And Forced Exits
Clark says he faced escalating hostility for refusing to enact the disputed ordinances. He claims Mayor Leggio also targeted him personally, repeatedly questioning when he planned to retire. According to Clark, the remarks amounted to age discrimination.
The tension culminated in what Clark said amounted to improper inquiries into personnel records and personnel-related discussions without issuing him a Rice Notice. Such notice is mandated under the New Jersey’s Open Public Meetings Act. Its purpose is to allow employees the option of having discussions concerning their employment moved from executive session to a public meeting.
Clark characterizes his departure as a “constructive termination,” saying the work environment became intolerable. He submitted his resignation with a last day of work in or around mid-July of this year.
Clark accepted a new role as the business administrator in Stone Harbor, Cape May County. A July 14 announcement on Stone Harbor’s municipal website contains some purported quotes from Clark with regards to his hire. He said that when a decision is up to him, he weighs information and viewpoints carefully.
“I own that decision,” he says. “I’m not a finger-pointer; I take responsibility.” Clark also emphasized that “a good leader is a good listener.”
Howard’s complaint somewhat mirrors Clark’s, stating that decisions regarding his employment were made about him during executive session and that he was also not given a Rice Notice. He also alleges that retaliation intensified once he and Clark made formal complaints in June 2025. Instead of taking those concerns seriously, Howard alleges township leaders doubled down.
According to the filing, former Mayor Joe DiBella sent a detailed plan to Councilwoman Fischer on how to suspend Clark’s employment. That plan, Howard says, also included instructions to bypass him – even though township ordinance required the Deputy Township Manager to step in as acting manager. Instead, officials deliberately installed Clerk Diane Festino in the role. Howard calls the move “a blatant act of retaliation,” noting that it also violated Howell’s own code.
Howard claims the decision wasn’t just improper, but it was lucrative for Festino. His complaint points out she received an extra $7,000 every two weeks for her interim role. He says he was sidelined entirely, even removed from an executive session meeting on June 24, 2025, with Festino allegedly telling staff earlier that day there was “a plan in place” and “it was going to be good.”
Howard tendered his resignation effective September 26. He has not publicly disclosed his next steps and did not return calls seeking comment.
Portions of the lawsuits cite specific protections afforded to whistleblowers under the Conscientious Employee Protection Act (CEPA) The complaints emphasize that the law not only shields employees who speak out but also empowers courts to punish employers who retaliate.
Both Clark and Howard are seeking a wide range of monetary remedies, including attorneys’ fees. The filings explain that CEPA allows a whistleblower to seek punitive damages against officials who engage in unlawful retaliation.
The fallout Clark claims to have endured includes lost income and benefits, humiliation, stress, anxiety, and physical ailments tied to the hostile work environment. Clark’s complaint points to sleepless nights, appetite loss, headaches, chest pains, and anxiety attacks as part of the toll.
Like Clark, Howard describes the retaliation as life-altering. He claims he has suffered not only lost income and career opportunities but also humiliation, stress, and severe anxiety. His complaint details sleepless nights, weight loss, elevated blood pressure, anxiety attacks, and ongoing emotional distress.
Mayor Leggio returned this newspaper’s call but declined to comment on the litigation, citing advice of an attorney. Former Deputy Mayor Fred Gaisor, who resigned earlier this year and is not named in the lawsuits, also refrained from public comment, explaining that his personal attorney advised he may be called as a witness.
No answers have yet been filed by the defendants. The Municipal Joint Insurance Fund has been charged with selecting defense counsel for members of the governing body and employees named in the two lawsuits. Clark’s lawsuit against the township was filed on July 25, 2025, followed by Howard’s on September 5, 2025.
