April 2009

Recently, the primary authors of this blog, Frank M. Crivelli, Esq. and Donald Barbati, Esq., released a publication entitled “Taking the Necessary Steps to Win Your New Jersey Public Employee Disability Pension Appeal.” 

The publication thoroughly examines the different New Jersey Pension Systems, including the Public Employees’ Retirement System, Police and Firemen’s Retirement System, and…

On April 17, 2009, the Appellate Division decided Tracey Wilde v. Township of Cranford, Docket No.: A-3391-07T2. In the case, the Workers’ Compensation Court awarded dependency benefits to petitioner, Tracey Wilde (“Tracey”) and her two children. On appeal, the Township of Cranford contended the court erred in finding that petitioner’s husband, Russell Scott Wilde, Sr., (“Wilde”) suffered a stress-induced occupational suicide which was compensable.

Wilde joined the Cranford Police Department in 1985. He was promoted to detective in 1990, sergeant in 1994, and lieutenant in 1999. As lieutenant, Wilde was responsible for supervising approximately fifteen patrolmen and two sergeants. During the course of his fourteen-year career, Wilde received numerous awards for professionalism and heroism.

On September 16, 1999, when Hurricane Floyd struck, Wilde was designated Incident Commander and he was put in charge of coordinating the Township’s rescue and recovery efforts. From September 16, 1999 to September 18, 1999, Wilde worked approximately 38 hours in a 51 hour period.

Tracey testified that her husband did not come home from work on September 16, 1999. When she visited him at the police station on September 17, 1999, she stated he was the only one “with his heavy rain gear on” even though the sun was out. She also testified that her husband was “wired” when he arrived home on that Friday evening, he could not “settle down,” and he did “not really” sleep “much” that night. Thereafter, Wilde left for work at approximately 5:00 or 5:30 a.m. Saturday morning and did not return home until approximately 6:00 p.m.

Later that evening, Tracey and Wilde attended a fellow police officer’s wedding. Tracey testified that her husband looked “very tired” so she drove to the wedding. During the reception, Tracey did not note anything unusual in his behavior. Before leaving the wedding, Wilde spoke to his father, Harry Wilde, who was Chief of Police for the Township. After Wilde spoke with his father, Tracey testified he “seemed more wired again and more…on edge and worrying about the next day, and what…his duties were going to be.”

As Tracey drive home, Wilde appeared tired, and he was talking about the next day. Tracey testified that Wilde appeared to be worried about what was going to happen the next day, which was unusual because he was not a “worrier.” After arriving home, Tracey and Wilde went to their bedroom, wherein Wilde was discussing what happened at work and stating he was “very exhausted.” Tracey further testified that although her husband was not a religious person, he stated “you have to be so thankful for God. You must have an angel looking over you….You know how lucky we are. We had an angel looking over us.” According to Tracey, her husband “never talked like that before,” and it was “very strange.”

Continue Reading Award of Dependency Benefits to Police Officer’s Family Upheld

As posted on the website for the New Jersey Law Enforcement Supervisors Association, at 6:00 p.m. on Thursday, April 23, 2009, the New Jersey Civil Service Commission will hold a public hearing on the new rules authorizing the unilateral imposition of involuntary, unpaid furloughs, or temporary layoffs affecting public employees.  The meeting will be

…

On Friday, April 17, 2009, The Superior Court of New Jersey, Appellate Division, upheld the ability of state and local governments to furlough public employees. The court agreed with the decision of the state government that the fiscal crisis that the state and nation currently faces allows for emergency action.

In citing its opinion the…

Yesterday, April 16, 2009, the Appellate Division conducted oral argument on the Emergency Temporary Layoff Rule. Specifically, the Appellate Division heard argument on the four appeals from the Civil Service Commission’s emergency rule authorizing temporary layoffs, also known as mandatory furloughs. The argument was conducted in the Morris County Courthouse in Morristown, New Jersey…

Yesterday, April 15, 2009, Governor Corzine issued a press release announcing plans by the State department and agencies to implement one-day furloughs of state employees in May and June as a cost-saving measure.

Plans for implementing two furlough days in the current 2009 Fiscal Year were developed by the departments and submitted to the Governor’s…

On April 15, 2009, the Appellate Division decided In the Matter of Cornelius Caruso, Docket No.: A-1612-07T1. In the case, Cornelius Caruso appealed his termination as police officer in the City of Orange Police Department.

Caruso became a police officer in 2000. In 2005, he began to experience serious problems related to his use of alcohol. He voluntarily entered a program at the Carrier Clinic in December 2005. When he did so, he failed to follow the Department’s requirement that he notify the communication supervisor and apply for a leave of absence. No charges were filed with respect to that omission.

Caruso left the Carrier Clinic in March 2006. He was found by the Department to be fit for duty and returned to work on April 1, 2006. Caruso was instructed to make periodic reports concerning his recovery, which instruction was confirmed in a letter from the City’s attorney to Caruso’s attorney. No such periodic reports were ever made.

The Department permits fifteen days of sick leave per year. The Department assessed Caruso for use of 2006 sick leave only during the period from January 1 to January 10, 2006. The period from January 11 to March 31, 2006, was charged as a combination of administrative and compensatory leave. After Caruso’s return to duty in April, he went out on sick leave from April 6 to April 18; May 10 to July 7; October 25 to November 4; and December 12 to the end of 2006. Consequently, by December 2006, Caruso had taken significantly more sick leave than was permitted by the Department.

On December 12, 2006, Caruso left work because of an eye infection. However, according to Caruso, his problem with alcohol use returned in December 2006. On December 22, 2006, Caruso left his home and traveled to Hazelden, a rehabilitation clinic located in Minnesota. He again failed to notify the communications supervisor, although others apparently notified one of his superiors who subsequently contacted Caruso and arranged for him to surrender his service weapon. Caruso also failed to complete the required form for a leave of absence.

As a result, on January 18, 2007, the City filed formal disciplinary charges against Caruso. The disciplinary charges were as follows: (1) performance of duty; (2) insubordination; (3) obedience to laws and rules; and (4) abuse of sick leave. 

Caruso left Hazelden and returned to New Jersey on January 19, 2007. He started intensive outpatient aftercare on January 23, 2007, which required his attendance at a program for four hours a day, four days per week, as well as attendance at Alcoholics Anonymous sessions.

Continue Reading Termination of Police Officer Arising from Substance Abuse Upheld

On April 8, 2009, the Administrative Office of the Courts issued a press release announcing that the Appellate Division will be conducting oral argument on the Emergency Temporary Layoff Rule. Specifically, the Appellate Division, Part H will hear oral argument on the four appeals from the Civil Service Commission’s emergency rule authorizing temporary…