Vito DiMarco, who has been with the Ocean City, NJ Fire Department since 1998 has filed his third lawsuit against the city, claiming he was wrongfully snubbed of promotion to fire chief.

In May 2024, James P. Smith retired as the Ocean City fire chief, and the city chose Deputy Chief Bernard F. Walker to lead the department. Mayor Jay Gillian said “I feel Chief Walker best represents the vision and values to help take the department into the future,” in support.

Dimarco is arguing that he should’ve received the promotion because he allegedly has more experience and seniority. He also alleges that he scored the highest on the Civil Service exam.

According to govsalaries, Vito DiMarco earned $139,588 in 2018, 83% higher than the average. It remains unclear whether he is currently employed by the city.

The lawsuit alleges Dimarco suffered “annoyance, inconvenience, stress, anxiety, humiliation, depression, physical pain and suffering, emotional distress and pecuniary loss.” and he is seeking damages and attorney fees.