Veteran Firefighter Claims Retaliation for Not Getting Chief's Job in Ocean City, NJ

A veteran firefighter is suing Ocean City, claiming officials passed him over for a promotion to fire chief in retaliation for whistleblowing, prior lawsuits, and his plans to develop a controversial piece of local property.

Deputy Fire Chief Vito DiMarco filed the lawsuit March 20 in Cape May County Superior Court. He alleges he was the most qualified candidate for fire chief in 2024 but was denied the promotion in favor of a lower-ranking employee.

DiMarco says he scored highest on the civil service exam, had the most seniority, and received strong interview feedback from top officials.

But now-retired Fire Chief Jim Smith told him the lower-ranking employee was picked due to stronger public speaking skills, the suit states.

The real reason, DiMarco claims, was retaliation.

The deputy chief had previously sued Ocean City in 2022 over sexual harassment and hostile work environment claims — a suit that was settled.

DiMarco also took legal action against the city over a property he owns that the city allegedly tried to take via eminent domain.

DiMarco says he faced repeated resistance while trying to develop the property and believes city officials, including Mayor Jay Gillian, showed bias because the city wanted to acquire the land.

Bernard F. Walker, who is Ocean City’s current fire chief, declined to comment. Gillian did not respond to a request for comment.

Doug Bergen, spokesman for Ocean City, also declined to comment, citing pending litigation.

The complaint accuses Ocean City of violating the New Jersey Law Against Discrimination and the state’s whistleblower law, the Conscientious Employee Protection Act.

DiMarco is seeking monetary damages and promotion to fire chief.

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