New Jersey Public Safety Officers Law Blog : New Jersey Public Safety Employee Lawyer & Attorney : Pellettieri, Rabstein & Altman Law Firm : Workers Compensation, Discipline Representation for Police & Firefighters : New Jersey

As reported on November 23, 2010, New Jersey’s Democratic leaders announced they are offering compromise legislation to Republican Governor Chris Christie that would allow pay hikes for police and firefighters achieved through arbitration to exceed two (2) percent for a year, as long as they remain within two (2) percent over the period of a contract. Senate President Stephen Sweeney and Assembly Speaker Sheila Oliver unveiled the proposal at the Statehouse and said it also calls for the cap to be removed after three years, the average length of police and firefighter contracts, to allow the State to gauge its effectiveness.

Shortly after, Gov. Christie, who wants a flat annual 2 percent cap for police and firefighters salary increases, described the legislation as “watered down” and threatened to veto any Democratic version of legislation designed to hold down property taxes if he decided it is not “real reform.” Christie has introduced a 33-bill “tool kit” to lower property taxes and the Democrats who control the Legislature are offering their own versions. Any compromises are expected to be worked out before legislators adjourn for the year-end holidays.

The Sweeney-Oliver legislation would require pay for longevity, length of service, salary increments and other similar compensation to be included in the 2 percent cap. It would also require all contracts that expire in the three-year window to adhere to the cap, to prevent the purposeful stalling of contract negotiations. The proposal would also change the process for selecting an arbitrator for interest arbitration and change the process by which judgments are appealed.

Please continue to check this blog periodically to ascertain any updates regarding any and all legislation pertaining to police and firefighters.

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As reported in the Star Ledger on November 10, 2010, hundreds of Newark city police officers, firefighters, and civilian employees, barring a last-minute reprieve, will be laid off on Friday, November 12, 2010 after a judge dismissed a lawsuit aimed at blocking the city’s cost-cutting measures.

Superior Court Judge Patricia Costello told lawyers for the unions filing suit that she did not have the authority to issue a temporary stay to prevent 167 city police officers, 24 firefighters, and several hundred civilian employees from losing their jobs. While the Judge appeared sympathetic to the plaintiff’s claim that layoffs might adversely affect public safety and that the city had not engaged in meaningful negotiations, she said only the state Civil Service Commission can hear such a request.

Judge Costello also voiced frustration that the Commission, which had earlier approved the city’s layoff plan, is now one member short of the minimum needed to hold another hearing. “While the case law is completely clear, it’s hollow if the CSC is not meeting,” she said of the Commission, which is a defendant in the lawsuit along with Newark Mayor Cory Booker. The Appellate Division, however, can rule on the request for a temporary stay, Judge Costello said, and can issue a decision itself or return the case to her with that authority.

Facing an $83 million deficit, the Newark City Council approved the mayor’s budget last month, which includes a total of 866 layoffs and a 16 percent property tax hike. The Commission had earlier approved the city’s layoff plan and deemed an earlier appeal “not ripe” until the layoffs occur.

It is expected the unions will be filing a similar request for a temporary injunction with the Appellate Division. Therefore, please continue to check this blog periodically to ascertain any updates that become available.

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