HOWELL, NJ – A Superior Court judge has ruled in favor of Howell Township in a long-running employment dispute with former Township Manager Brian Geoghegan, dismissing his wrongful termination lawsuit and upholding the town’s 2022 decision to fire him over excessive use of paid time off.
Geoghegan, the brother of Silverton EMS director Kevin Geoghegan is a retired Jackson Township police officer and served as business administrator in Howell Township. He was fired amid a scandal for allegedly ‘stealing’ time that he did not work at his municipal position.
The court has ruled in favor of Howell Township, dismissing Geoghegan’s false termination lawsuit.
The court’s ruling granted summary judgment to Howell, finding that Geoghegan failed to show sufficient evidence that his firing was retaliatory or violated the state’s whistleblower protection law, known as the Conscientious Employee Protection Act (CEPA).
Geoghegan, who was removed as township manager in August 2022, had sued the municipality in April 2023, alleging he was terminated in retaliation for investigating financial irregularities within the police department.
The judge in that case found no evidence that Geoghegan was fired for his whistleblowing activities as he could not prove without a reasonable doubt that was the cause for his termination.
Township says firing was over “comp time” abuse not political battle with former police chief
According to court documents, Howell officials placed Geoghegan on paid administrative leave in May 2022 after determining he had exceeded his contractual allotment of paid time off.
His employment agreement allowed him to “flex” his hours as needed but did not authorize the use or accumulation of compensatory time, commonly referred to as “comp time.”
The township later hired a forensic auditor to review Geoghegan’s time records. The audit found that over several years, he had logged and used comp time that was not permitted under his contract, allowing him to retain and sell back unused PTO valued at nearly $19,000. The total value of his improperly used comp time was estimated at $29,586.56.
Geoghegan testified that his timekeeping was transparent and entered into the township’s payroll system, arguing that he believed the tracking method was consistent with his right to flex hours. He said he routinely worked evenings for public meetings and adjusted his schedule accordingly.
Judge finds township had legitimate reason to terminate
In the 25-page decision, the judge ruled that Howell had established a legitimate, non-discriminatory basis for Geoghegan’s termination and that his CEPA claims could not proceed. “The Court is not determining whether Plaintiff committed a fraud upon the Township,” the ruling stated. “The sole determination is whether this reason is a legitimate, non-discriminatory reason for Plaintiff’s termination. The Court finds that it is.”
The ruling cited Geoghegan’s accumulation of comp time as contrary to his contract terms and noted that he did not raise a genuine factual dispute suggesting the township’s explanation was pretextual or that retaliation was a determinative factor in his removal.
Background and fallout
Geoghegan’s tenure as township manager had become contentious before his termination. In early 2022, he initiated an internal review of police department expenditures, including expense reports for meals and lodging, which later drew scrutiny from township officials and auditors.
At a special meeting later that year, the mayor and township council voted unanimously to remove him, citing contractual violations tied to time off and administrative concerns.
While the court acknowledged the broader context surrounding his investigation into police spending, it concluded that the township’s disciplinary action stemmed from a documented violation of employment terms rather than retaliation.
Township prevails after three-year dispute
The ruling effectively ends Geoghegan’s two-year legal fight to reclaim his position or seek damages. The court’s decision means the township will not face trial or liability under CEPA, and Geoghegan will not be required to repay funds tied to the disputed comp time unless separately pursued.
The township was represented by Dilworth and Paxson, LLP. Geoghegan is now appealing the decision.
“The Judge’s written decision speaks for itself. However, as part of that decision, the Court found that Mr. Geoghegan has not provided proof that he met the requirements of being a “whistleblower” under CEPA. In addition, the Court determined that Howell Township had established a legitimate and non-discriminatory basis for Mr. Geoghegan’s termination in his use of compensatory “comp” time which was not provided for by his employment contracts,” the firm said. “The Honorable Kathleen Sheedy, J.S.C., sitting in Freehold, granted a Motion for Summary Judgement in favor of our client, the Township of Howell. The judge’s decision dismissed with prejudice a “whistleblower” case brought by the former township manager, Brian Geoghegan. We are pleased that the Court determined that this lawsuit should end and end in favor of Howell Township.”
