As reported by NJ.com, police and fire union officials vehemently oppose a proposal that would allow towns to require their ne recruits to live within their borders, with one Newark union leader saying relations between the community and cops has turned toxic.  “You talk about the community.  Right now the community hates us.  Everything you see on social media.  Everything you see in the media.  The community hates the police,” James Stewart, a Newark detective and president of its chapter of the Fraternal Order of Police, told the State Assembly Judiciary Committee.  “And you want to put us right in the middle of that with our families? I think it’s outrageous.”

At issue is legislation the Committee was considering, pushed by Newark Mayor Ras Baraka, that would allow municipalities to require new police and firefighters to live in town for their first five years on the job.  Baraka sees the bill as part of a community building initiative, according to the bill’s sponsor, and Newark officials said it would improve relations between residents and the police force.  The Committee approved the bill by a vote of 3-2.

New police and fire recruits in Newark and other New Jersey municipalities are required under the civil service system to live in town during their first year, which is a probationary period.  Moreover, a New Jersey law effective since 2011 requires all new public workers to live within the State.

Stewart said police officers have been taking too much criticism from politicians and the media.  “We’ve been blamed for everything: The high taxes in the State, the pension problems.  Everything’s been laid at our feet.  Fast forward a couple more years, the incident in Ferguson and Staten Island have put a target on our backs like never before.  Suddenly we have become the bad guys.  Everybody is against us.”

While Stewart’s testimony was the most impassioned, he was not alone in opposition to the bill.  Pat Colligan, president of the New Jersey State Policemen’s Benevolent Association, wondered if the State’s wealthiest towns would enact the residency requirement. “I’ll let the officers in Alpine and Far Hills know to start looking for sheds, because if they opt in, quite frankly, you’re not going to find a house for less than $800,000 or $900,000 is some of these communities,” he said. Dominick Marino, president of the Professional Firefighters Association of New Jersey, questioned how the residency requirement would apply to North Hudson Regional Fire and Rescue, which incorporates five Hudson County towns.

This was the first legislative step for the measure, which would still need to pass the full Assembly and State Senate before reaching Governor Chris Christie’s desk.  Please continue to check this blog periodically regarding the status of the bill.

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Photo of Donald C. Barbati Donald C. Barbati

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.