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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DONALD C. BARBATI, JR.

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues…

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues litigated before the courts and administrative tribunals throughout the State of New Jersey. In addition, Mr. Barbati also routinely represents individuals in various types of public pension appeals, real estate transactions, and general litigation matters. He is a frequent contributor to the New Jersey Public Safety Officers Law Blog, a free legal publication designed to keep New Jersey public safety officers up-to-date and informed about legal issues pertinent to their profession. During his years of practice, Mr. Barbati has established a reputation for achieving favorable results for his clients in a cost-efficient manner.

Mr. Barbati has also handled numerous novel legal issues while representing New Jersey Public Safety Officers. Most notably, he served as lead counsel for the Appellants in the published case In re Rodriguez, 423 N.J. Super. 440 (App. Div. 2011). In that case, Mr. Barbati successfully argued on behalf of the Appellants, thereby overturning the Attorney General’s denial of counsel to two prison guards in a civil rights suit arising from an inmate assault.  In the process, the Court clarified the standard to be utilized by the Attorney General in assessing whether a public employee is entitled to legal representation and mandated that reliance must be placed on up-to-date information.

Prior to becoming a practicing attorney, Mr. Barbati served as a judicial law clerk to the Honorable Linda R. Feinberg, Assignment Judge of the Superior Court of New Jersey, Mercer Vicinage. During his clerkship Mr. Barbati handled numerous complex and novel substantive and procedural issues arising from complaints in lieu of prerogative writs, orders to show cause, and motion practice. These include appeals from decisions by planning and zoning boards and local government bodies, bidding challenges under the Local Public Contract Law, Open Public Records Act requests, the taking of private property under the eminent domain statute, and election law disputes. In addition, Mr. Barbati, as a certified mediator, mediated many small claims disputes in the Special Civil Part.

Mr. Barbati received a Bachelor of Arts degree in history, magna cum laude, from Rider University in Lawrenceville, New Jersey. Upon graduating, Mr. Barbati attended Widener University School of Law in Wilmington, Delaware. In 2007, he received his juris doctorate, magna cum laude, graduating in the top five percent of his class. During law school, Mr. Barbati interned for the Honorable Joseph E. Irenas, Senior United States District Court Judge for the District of New Jersey in Camden, New Jersey, assisting on various constitutional, employment, and Third Circuit Court of Appeals litigation, including numerous civil rights, social security, and immigration cases.