Toms River Township has filed a lawsuit against Silverton EMS and its president, Kevin Geoghegan, alleging that the squad failed to pay for 24,000 gallons of gasoline provided by the township and withheld insurance reimbursement funds that were supposed to be shared under a 2019 agreement. The lawsuit, submitted on October 21, demands over $2 million in damages, including fuel costs and payments allegedly owed to the township, plus triple damages for the estimated losses. The suit also calls for Silverton EMS to lose its tax-exempt status.
The lawsuit accuses Geoghegan of using the town’s gasoline supplies for his personal vehicle. Geoghegan responded to the claim by challenging township officials to file a criminal complaint if they believed he misused the fuel. “If you’re saying I’m putting fuel in my personal vehicle, please sign a criminal complaint against me,” Geoghegan said.
This lawsuit is the latest in a long-standing dispute between Geoghegan and Toms River’s Mayor, Daniel Rodrick. The tension dates back to Geoghegan’s time as president of the Township Council, from which he was ousted after Rodrick and his allies won the Republican primary in June 2023. Earlier this year, Geoghegan ran unsuccessfully for the Republican nomination for the Ward 2 council seat, losing to William Byrne, a recent Democrat turned Republican.
In July, Rodrick ordered that Silverton EMS no longer be dispatched to Toms River emergencies, citing “financial irregularities” that he described as “potentially criminal” and reported to the Ocean County Prosecutor’s Office. However, Geoghegan said that, as of November 1, no investigators from any level of government, including the prosecutor’s office, have contacted Silverton EMS. It should be noted, however, that the Ocean County prosecutor does not inform individuals that they are under investigation, with sources indicating that he is – even if he is not aware of it.
Geoghegan filed a tort claim notice against the township in August, alleging that Silverton EMS had been unfairly targeted after reporting suspected fraudulent Medicare billing by the township. The squad had to lay off 30 employees when Toms River stopped dispatching Silverton EMS for emergency calls, though the organization continues to operate by renting its building for events.
The lawsuit outlines alleged breaches of a 2019 shared services agreement under which Toms River was to handle all insurance and Medicaid billing for EMS services, keeping 20% of the “load fee” while remitting the remaining 80% to Silverton EMS. Silverton EMS was responsible for its own fuel, repairs, and other expenses, and was entitled to the full mileage charges from transports. In return, the township was to provide monthly billing statements and remit payments within 30 days of receipt.
However, the township claims that in 2021, Silverton EMS began directly billing insurance and retaining 100% of the load fees, violating the agreement’s terms. The lawsuit estimates that Silverton EMS owes approximately $750,000 in insurance payments from 2021 through 2024.
The lawsuit, filed by attorney Donald F. Burke, includes eight counts, five of which are directed at Geoghegan, accusing him of interfering in the contract between Silverton EMS and Toms River and alleging official misconduct.
