MOUNT OLIVE (12/16/05) – A civil law suit brought by a township couple against two officials for accepting medical health insurance coverage as a perk while they served on the Township Council was settled yesterday in Superior Court.

Councilman Bernie Guenther and former Councilman David Scapicchio agreed to pay $10,000 between them toward the cost of a veteran’s memorial to be erected at Turkey Brook Park.

H. Scott Uhrmann and his wife, Charlene "Charley " Uhrmann, strong supporters of Democratic Mayor Richard DeLaRoche in a township election two years ago, found, after researching township records, that Guenther and Scapicchio had accepted health insurance coverage that cost the township about $95,000. Further research of the records found that the accommodation had never been authorized by ordinance.

In the law suit brought by the Uhrmann’s, Superior Court Judge Stephen F. Smith Jr. ruled on November 4 that neither official, who were serving as part time, were entitled to the medical coverage.

The officials’ attorney, Ron Heymann, was in the process of appealing Smith’s ruling but the option to settle the matter for $10,000 was appealing to both sides. In addition to the $10,000 the officials agreed to pay part of the Uhrmann’s legal fees.

Scapicchio said when he and Guenther were presented with the option of contributing a reasonable contribution toward a veteran’s memorial it was worth it for a good cause and to put the matter behind them.

At the time the officials were receiving the perk it was a common practice in many municipalities throughout the state for elected officials to receive hospitalization coverage, few covering it by ordinance.

Since Judge Smith’s ruling in this case the issue has been raised in other municipalities, most of which responded by passing "after the fact " ordinances approving the measure.

Council President Rob Greenbaum said the Council would vote on a resolution to end the litigation adding he did not believe either councilman did anything willfully wrong in accepting the benefits as it had been given several other elected officials in the past and was a common practice in many other municipalities.