Toms River Construction Official Fired Over Favors On COs, Mayor Says

TOMS RIVER, NJ — A former Toms River municipal construction official has filed a lawsuit against the township, alleging he was fired without due process after being accused of doing special favors on certificates of occupancy and construction inspections.

Benjamin Silkowitz filed the lawsuit Feb. 5 alleging violations of his civil rights and of state laws regarding firing a construction official. Those laws say a construction official can only be fired for cause, and firing requires a process. Among the issues, he alleges he was never given the opportunity for a hearing.

Mayor Daniel Rodrick says the township not only followed the law but that Silkowitz was terminated for just cause.

"Mr. Silkowitz was terminated for repeatedly giving special favors and preferential treatment to a prominent member of the Orthodox Jewish community who runs a business managing permits and inspections for construction companies," Rodrick said in an emailed response to Patch. "Mr. Sillkowitz was given an opportunity to come a hearing on January 20th, but he did not take the township up on that offer. So his lawsuit is completely without merit and he was terminated for just cause."

Rodrick did not name the person the investigation identified as receiving the benefits. He said the matter has been forwarded to the state Department of Community Affairs for review.

Silkowitz was fired Feb. 2, just shy of 13 months after he was hired by the township at a salary of $115,000, according to records obtained from the township. He had been on paid administrative leave since Nov. 12, according to the lawsuit. He is seeking reinstatement to his position and back pay, according to the lawsuit.

Silkowitz was licensed by the state Department of Community Affairs as a municipal construction official in December 2024 and was hired Jan. 6, 2025, by Toms River, according to a township employee roster obtained via an Open Public Records Act request.

A municipal construction official is the head of the local building department, responsible for enforcing the New Jersey Uniform Construction Code and overseeing building, plumbing, and electrical subcode officials, managing permits and issuing certificates of occupancy for projects, according to the New Jersey League of Municipalities.

Silkowitz also is licensed as a plumbing subcode official, according to the lawsuit.

The Nov. 12 letter notifying him of the suspension said the township had received "credible information that you have violated Township procedures regarding issuance of certificates of occupancy and construction department inspections in order to benefit an individual with whom you have a close personal relationship — and possibly a pecuniary (a financial) relationship."

The letter, signed by business administrator Jonathan Salonis, did not say who had made the allegations but said Silkowitz would be contacted for an interview as part of the investigation.

On Feb. 2, he was notified by acting business administrator Drew Chabot that he was being fired as a result of the investigation, for "sustained violations of the Township's Workplace Violence and Conflict of Interest Policies."

"Grounds for discipline warranting termination also exist for insubordination and conduct unbecoming a public employee," the termination letter said.

Rodrick said when the town was notified of the allegations against Silkowitz, the town "hired an outside law firm to conduct an investigation that lasted over two months."

At the League of Municipalities conference in mid-November, Rodrick alleges Silkowicz shoved him twice and used a profane expletive beginning with "m," "which is cause for termination in and of itself," Rodrick said.

He said Silkowitz was not terminated until the township completed its investigation, which Rodrick said confirmed that Silkowitz "repeatedly did favors and regularly gave special treatment to that individual, with whom he has a relationship."

Read the lawsuit here.