As reported by NJ.com, after tax collections came up short last spring and plunged Governor Chris Christie’s state budget into chaos, lawmakers say bug changes are needed on how the State prepares a spending plan and shares information about it to the public.  Sponsor Gary Schaer (D-Passaic), chairman of the Assembly Budget Committee that approved the bill, said the State needs to improve how it forecasts how much revenue the State will take in, plan for sudden shortfalls, and improve transparency.  “Year after year, this State’s dismal budgetary planning has driven us into crisis,” Schaer said in a statement.  “The people of New Jersey deserve a budget process that is comprehensive in its revenue forecasting and contingency planning.”

Among the bill’s many proposals is a requirement that the Governor create an emergency plan to cut spending or create revenue should tax collections fall short.  Specifically, the bill calls on the Governor to prepare for a shortfall of 3 percent of the State’s total revenue.  When tax collections cam up short last spring, Christie cut $2.4 billion in pension payments to keep the budget in balance.  Christie’s administration had overestimated how much money it expected to flow into State coffers.  This bill would also force his administration to collaborate with the nonpartisan Office of Legislative Services to arrive at that estimate.

Schaer said the bill also improves the administration’s monthly reporting throughout the year by requiring the administration to release data on tax collections sooner and includes updates on the Property Tax Relief and Casino Revenue funds.  “In prior budgets we’ve been told there’s not enough money to fund something within a few months of the budget ending.  We’re simply handed the data and said ‘here’, Schaer said.  “The sooner you get the data, the sooner you are able to act upon it.”  Under the bill, the State would also be required to compare some recommended spending levels for some programs, such as pensions, school and municipal aid, to the levels set by statute.  In addition, the bill provides for the State to develop a searchable database for the public to explore State spending.

Please continue to check this blog periodically for updates regarding this bill.  As you all well know, the poor revenue forecasting in prior years directly led to Governor Christie slashing the payments slated for the pension systems.  Given this bill seeks to address the poor budgetary planning, all New Jersey Public Safety Officers should keep apprised of this bill and the status of the same going forward.

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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.