Water Treatment Worker Paid $300K In Lead Whistleblower Suit

A water-treatment worker who claimed he was penalized for reporting allegedly shady practices received $300,000 in a legal settlement with the town of Sparta, NJ.

“The whistleblower lawsuit, which was filed by Mark Nelson in May 2013, accused [Sparta] Municipal Utilities Director Phil Spaldi of ordering Nelson to increase the treatment for excess lead and copper in the water just prior to required testing so as to produce ‘good’ or acceptable test results,” the New Jersey Herald reported.

Nelson, an 18-year employee, claimed in the lawsuit that he reported this order to his supervisor, noting that it would be improper to follow the instruction. His supervisor, Michael Sportelli, then retaliated against him, Nelson alleged. The township has not admitted liability.

Nelson claimed he “was written up six times by Sportelli for ‘job performance deficiencies,’ received a 30-day suspension without pay and a salary reduction when he returned. Nelson also said he was ordered by Sportelli to climb a water tank during a lightning storm to work on an electrical panel,” the Associated Press reported.

According to Nelson’s lawsuit, he believed decisions by the utility would threaten water quality: “In or about November 2010, Plaintiff complained about and expressed his concerns to his superiors, including but not limited to Sportelli, regarding the lead and copper treatment mechanisms being turned off at the Township's Newstar and Buttonwood Pump Houses. Plaintiff believed that resulted in an increased likelihood of contaminated water being present in the Township's water supply to its residents.”

Under the terms of the deal, Nelson’s disciplinary record was amended, NJ Advance Media reported. Nelson has begun another job since leaving Sparta, according to the report.

A confidentiality clause in the settlement compels all parties to say the matter has been amicably resolved.

“The settlement was obtained by open public records advocate John Paff, chairman of the New Jersey Libertarian Party's Open Government Advocacy Project. Paff posted the lawsuit and the settlement on his website,” NJ Advance Media reported.

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