supreme-court-sealThe U.S. Supreme Court sided with former Paterson police officer Jeffrey J. Heffernan and ruled that his First Amendment rights were violated when he was demoted after picking up a campaign sign for the mayor’s opponent.  Heffernan had been demoted after supporters of Mayor Jose “Joey” Torres saw him picking up a campaign sign for challenger Lawrence Spagnola, a former police chief. The police officer said he was off duty and simply was picking up the sign for his mother.

“When an employer demotes an employee out of a desire to prevent the employee from engaging in political activity that the First Amendment protects, the employee is entitled to challenge that unlawful action under the First Amendment” even if “the employer makes a factual mistake about the employee’s behavior,” Justice Stephen Breyer wrote for the majority in the 6-2 decision.

The case now goes to back to the U.S. District Court to determine whether Heffernan was the victim of retaliation, and if so, what damages he would be entitled to. Hefffernan was initially was awarded more than $100,000 by a jury, however a U.S. District Court judge and then the Third Circuit U.S. Court of Appeals ruled that his rights were not violated because he wasn’t actually supporting the challenger.

The city had been supported in legal briefs by several municipal organizations, including the National Conference of State Legislatures, National Association of Counties, National League of Cities and U.S. Conference of Mayors.  Heffernan received support in briefs filed by the U.S. government, as well as the National Association of Government Employees and the Becket Fund for Religious Liberty.

Justices Clarence Thomas and Samuel Alito dissented, noting that Heffernan said he was not exercising any First Amendment rights.  “Heffernan denies speaking in support of or associating with the Spagnola campaign,” Thomas wrote. “He has claimed that he picked up the yard sign only as an errand for his bedridden mother. Demoting a dutiful son who aids his elderly, bedridden mother may be callous, but it is not unconstitutional.”

This is an important decision for all public safety officers and public employees in the State of New Jersey as politics often permeate into the workplace and thus clarification of what is protected speech is needed.

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FRANK M. CRIVELLI, ESQ.

Frank M. Crivelli’s practice revolves around the representation of over eighty-five (85) labor unions in various capacities, the majority of which bargain for law enforcement entities. He is proud to be called on a daily basis to provide counsel to over 12,000 state…

Frank M. Crivelli’s practice revolves around the representation of over eighty-five (85) labor unions in various capacities, the majority of which bargain for law enforcement entities. He is proud to be called on a daily basis to provide counsel to over 12,000 state, county and local law enforcement officers, firefighters and EMS workers.

Mr. Crivelli specializes his individual practice in collective negotiations.  Over the past twenty (20) years, Mr. Crivelli has negotiated well over one hundred (100) collective bargaining agreements for various state, county, municipal and private organizations and has resolved over thirty-five (35) labor agreements that have reached impasse through compulsory interest arbitration.  Mr. Crivelli routinely litigates matters in front of the New Jersey State Public Employment Relations Commission, the New Jersey Office of Administrative Law, third party neutrals for mediation, grievance and interest arbitration, the Superior Court of New Jersey and the United States District Court for the District of New Jersey.

Mr. Crivelli founded and created the New Jersey Public Safety Officers Law Blog (www.njpublicsafetyofficers.com) approximately fifteen (15) years ago where he and members of his firm routinely publish blog posts regarding legal issues related to the employment of New Jersey Public Safety Officers.  The blog now contains over six hundred (600) articles and is reviewed and relied upon by thousands of public employees.  Mr. Crivelli has also published books and manuals pertaining to New Jersey Public Employee Disability Pension Appeals and the New Jersey Worker’s Compensation System. Currently, he is drafting a publication on how to Prepare and Negotiate a Collective Bargaining Agreement.  He lectures annually at the New Jersey State PBA Collective Bargaining Seminar, the National Association of Police Organization’s Legal Seminar, the New Jersey Public Employment Relations Commission Seminar on Public Employment Labor Law, the United States Marine Corps’ Commander’s Media Training Symposium and to Union Executive Boards and General Membership bodies on various labor related topics.

Prior to entering private practice, Mr. Crivelli joined the United States Marine Corps where he served as a Judge Advocate with the Legal Services Support Section of the First Force Services Support Group in Camp Pendleton, California.  While serving in the Marine Corps, Mr. Crivelli defended and prosecuted hundreds of Special and General Court Martial cases and administrative separation matters.  In addition to his trial duties, Mr. Crivelli was also charged with the responsibility of training various Marine and Naval combat command elements on the interpretation and implementation of the rules of engagement for various military conflicts that were ongoing throughout the world at that time. After leaving active duty, Mr. Crivelli remained in the Marine Corps Reserves where he was promoted to the rank of Major before leaving the service.

For the past fifteen (15) years, Mr. Crivelli has been certified as a Civil Trial Attorney by the Supreme Court for the State of New Jersey, a certification which less than two percent (2%) of the attorneys in New Jersey have achieved.  He is a graduate of Washington College (B.A.), the City University of New York School of Law (J.D.), the United States Naval Justice School, and the Harvard Law School Program on Negotiation.