City of Long Beach and this firefighter finally resolved years-long litigation

The City of Long Beach and a former city firefighter were able to resolve years-long litigation earlier this year, in May.

The lawsuit, filed by Jay Gusler against the city, stemmed from the city’s breach of a 2016 agreement between the two parties after Gusler was injured while working. After a 4-0 vote from the city council during a May meeting, the two parties agreed upon a six-figure sum which reportedly resulted in less average cost to the pockets of city taxpayers.

Gusler was dismissed from the squad in 2016 after he was found guilty of misdemeanor forgery and identity theft. Gusler allegedly used false information to win a bid for work at the Recreation Center, however, the city noted the conviction and the matters of the current settlement are unrelated.

According to City Spokesman John McNally, the most recent litigation stemmed from an agreement between Gusler and the City of Long Beach in 2016. The agreement, which saw the city pay Gusler $19,875 per year until 2032, was after Gusler was entitled to benefits after being injured while working for the city.

Documents state that Gusler had demands starting at $258,375, however, city attorneys were able to “settle all claims, demands, and pending litigation,” reducing the total sum down to $144,000.

In order to vote on the matter as soon as possible, McNally said the city council saw fit to add the item to the May 2 agenda via unanimous consent.

“The person that this item relates to is a friend of mine and someone I socialize with,” said Council President John Bendo during discussions at the May 2 meeting. “Because of that, I must recuse myself on this item.”

“For full disclosure, my firm has represented  Jay Gusler in the past,” Councilman Roy Lester mentioned. “I have not represented him myself, and I do not see any conflict of interest.” Lester added that his firm ceased representation of Gusler nearly one year before.

McNally said Lester was not involved in the negotiations of the settlement, nor was there any active case or relationship between him and Gusler.

Additionally, Council Vice President Elizabeth Treston had her house rebuilt by a team of volunteers, including Gusler. Like Lester, Treston ran her affiliations with Gusler by the city’s corporate counsel, who cleared her to vote.

“Lester and Treston each have relationships with Gusler, but not necessarily close ones,” McNally said. “The current grounds for recusal are whether there could be any current conflict of interest, or if they had a reason for whether they would not be fair or impartial, to which corporation counsel saw both fit to vote.”

According to the settlement, Gusler signed the revised agreement the day before the settlement passed. The vote, in which all council people voted for — minus the recused Bendo — allowed Acting City Manager Ron Walsh to sign and execute the agreement on May 3.

Former Suffolk County Attorney and current Corporation Counsel Dennis Cohen was appointed to the position in April. There have been multiple tenures at the position of Corporation Counsel since the initial agreement in 2016, including the likes of former City Manager Rob Agostisi and former town of North Hempstead deputy attorney Simone Marie Freeman, complicating matters.