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 in the Trentonian on March 12, 2010, Governor Chris Christie is looking privatize State jobs. Yesterday, Governor Christie created a task force to look at ways to privatize State jobs to save money as he tries to find a plug for a projected $11 billion budget deficit for the 2011 fiscal year.

Christie signed an executive order creating the five-person group to look at “every aspect of the way government does business.” He said privatization could narrow the scope of public services provided by the State’s nearly 75,000 workers and increase efficiency. Christie also stated that he would have ordered the audit even if New Jersey was not in dire economic need. Privatizing jobs would inevitably mean layoffs for State workers, but Christie said he had not asked the task force to come back with a specific level of savings.     

The creation of the task force comes just days after the new Republican Governor said he was wrong to think he could alter a deal Governor Corzine made with State workers that allowed them to keep pay raises and take furloughs in exchange for a no-layoff pledge. Democrats estimate that for every 1,000 workers laid off, the State would realize $30 million to $40 million in savings. However, according to Bob Master, spokesman for the Communications Workers of America District 1, privatization is a “failed tactic from the past that’s based on an ideological hostility to government.” Specifically, he indicated, “you get a real deterioration of services and you don’t save any money.” 

Governor Christie’s potential privatization could have an enormous impact upon New Jersey Public Safety Officers. As such, please continue to check this blog periodically to ascertain updates regarding privatization and the workers it will affect.

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According to an article published in the Trentonian on October 1, 2009, plans are in the works to put New Jersey’s most troublesome juvenile inmates in the custody of the adult prison system. This move, in turn, could potentially take the Juvenile Justice Commission (“JJC”) out of the incarceration business. In connection with this move, sources indicated that some JJC guards and teachers have been transferred back to adult prisons.

The article stated the JJC has stressed rehabilitation over punishment since it was formed in 1995 to take criminal children from the custody of the juvenile wing of New Jersey’s Department of Corrections. Recently, however, many guards in the JJC have complained about being attacked and injured by the increasing number of young gang members.

Under the plan being talked about in the Governor’s office, the JJC will continue to be part of state government, supervising group homes, halfway houses and other programs for keeping convicted juveniles out of prison. According to various sources, up to 80 percent of New Jersey’s juvenile offenders are doing well in the JJC system of not locking up most convicted teenage offenders. The sources also stated the New Jersey Department of Corrections’ Commissioner George Hayman has checked out the Johnstone State Mental Complex Facility in Bordentown to see if it can handle some of the overflow of inmates stemming from the JJC policy change as well as the closure of Riverfront State Prison in Camden.

Please check this blog periodically to ascertain any updates with regard to this new policy. To view the article published by the Trentonian in its entirety, please click on the following link.

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As reported in the Trentonian on September 22, 2009, federal oversight of the New Jersey State Police has come to an end. U.S. District Court Judge Mary L. Cooper has ended federal monitoring of the New Jersey State Police more than 10 years after the shooting of unarmed minority men during a highway traffic stop prompted intervention over racial profiling.

Judge Cooper signed the order dissolving a consent decree, following a joint motion filed in August by the State and U.S. Justice Department. The move followed Governor Jon Corzine’s bill signing in August that established an office within the State Attorney General’s office to oversee the State Police.

State Police agreed to federal oversight after troopers on the New Jersey Turnpike shot at a van containing four minority men during a 1998 traffic stop, wounding three of them. The agency has implemented major changes since then, including training and new supervisory policies to monitor road stops. In addition, trooper vehicles now contain dashboard cameras to videotape traffic stops. 

In a 2007 semiannual report, federal monitor Jim Ginger said that the State Police force is a different organization than when troopers fired on the van. Ginger and a second monitor tracked troopers’ stops of minority motorists for years, issuing reports every six months. The monitors found the State Police consistently in compliance for several years before the judge lifted the order. Corzine confirmed the finding with an independent review.

David Jones, President of the State Police Fraternal Association, commended the troopers but condemned the Attorney General’s office for not having policies and systems in place that would have allowed the State Police to identify and resolve isolated incidents of profiling. Specifically, Jones stated, “Former attorneys general for their own political expediency were willing to throw the state police under the bus…a decade later, we can look back at who the true professionals are and at those people who would sacrifice public safety for their own careers.”

To view the article in its entirety, please click on the following link.

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Employees in New Jersey’s largest state-worker union overwhelmingly ratified a revised contract agreement on Tuesday, June 30, 2009 that defers a raise and trades furloughs this year for future vacation days. With a little over 13,000 votes cast online or by phone by the deadline, the margin was 69 percent to 31 percent according to the Communication Workers of America. All four bargaining units, those represented clerical workers, professionals and two tiers of supervisors, voted for the revised deal, which bars layoffs until 2011. 

Workers in the CWA, which covers about half the state’s workforce, agreed to defer a 3.5 percent raise that was due July 1, 2009 by 18 months; they will get two 3.5 percent raises in fiscal 2011. Workers also agreed to nine furlough days over the coming year, on top of one taken in May. In exchange, they receive seven days off from work they can take starting in July 2010 or cash out when they leave state employment, at their pay rate at that time. 

The State agreed not to layoff any workers until January 2011 or add more unpaid furloughs before July 2011. If the State lays off any worker before January 2011, not counting any fired for disciplinary reasons or for cause, all state workers immediately get the deferred 3.5 percent raise and no further furloughs are required.

Workers due to receive increment raised in fiscal 2010 based on their years of service will get those increases. The nine unpaid furlough days include the day after Thanksgiving this year and Lincoln’s Birthday in 2010. The other seven dates will be worked out by workers and their supervisors and must be taken by the end of June 2010.

Republicans, who are hopeful that Governor Corzine will be replaced in this fall’s election, said the agreement ties the hands of the next governor to deal with next year’s multi-billion dollar deficit. “The governor did not need to negotiate these costly, election-year concessions. The courts had upheld his right to furlough workers as he originally proposed. The governor traded a plan that would have saved money during a recession for one that may very well slow the state’s recovery,” said Senate Minority Leader Thomas Kean, Jr., R-Union.

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On June 3, 2009, the State of New Jersey’s largest public employee union indicated it would accept a wage freeze and unpaid furlough days to help reduce spending under a tentative deal according to Governor Jon Corzine.

Corzine called the agreement with the Communication Workers of America “very important for our budget to make sure that we get something that is a very substantial giveback.” According to Corzine, negotiations are continuing with other unions along with CWA.

Corzine stated, “There is a tentative agreement on wage givebacks and furloughs that has yet more details to be ironed out, and that has to be appropriately negotiated with other unions. I expect there will be an agreement on the terms that are negotiated at the collective bargaining table, not just with CWA but with all of the various parties that are involved.”

Although details of the deal were not provided, senior Democratic officials told the Star Ledger the pact would include ten (10) furlough days in the budget year starting July 1, along with a wage freeze and some “bankable” paid personal days that workers could take in the future.

Senate Budget and Appropriations Committee char Barbara Buono said the tentative agreement, if approved by other unions, would lead to at least $300 million in savings for the $28.6 billion budget proposed for the new fiscal year. 

Corzine imposed two furlough days before the current budget year ends June 30 and was seeking 12 more days in the new budget. Union members have protested the furloughs and criticized the Governor. 

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On Friday, April 17, 2009, The Superior Court of New Jersey, Appellate Division, upheld the ability of state and local governments to furlough public employees. The court agreed with the decision of the state government that the fiscal crisis that the state and nation currently faces allows for emergency action.

In citing its opinion the court stated, "Given the economic crisis confronting the state and nation, and the fluid and rapidly unfolding circumstances in which we live, we find the statement of 'imminent peril' to be sufficient," said the panel of three appellate judges in their decision.

Union lawyers argued in court the preceding day that the state has not proved it is in "imminent peril," a requirement to pass the emergency rule that authorized furloughs between now and June 30, the end of the current fiscal year. The appeals court did not say whether departments could stagger furloughs over a period of time, leaving that decision for the New Jersey Public Employment Relations Commission. More information on this topic will be reported when the same becomes available.  To read the entire article printed in the Newark Star Ledger click on the link below.

Furloughed Employees

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On March 5, 2009, New Jersey Governor Jon S. Corzine signed and committed into law the “180 day bill” designed to expedite disciplinary proceedings when law enforcement officers and firefighters are suspended without pay by limiting the number of days pay can be suspended while hearings are still pending.

Corzine stated in a press release that "This bill provides a fair safeguard to law enforcement and fire services-a safeguard that is appropriate in light of their unique contribution to the state by risking themselves to protect others," said Governor Corzine. "We know that the fact-finding and deliberative process can take many months; and that this places a very heavy burden on people, who then must cope with extreme financial hardship caused by a protracted suspension of salary at a difficult and emotional time when their careers are, essentially, in limbo."

The bill, A3481/S1336, was signed during the Police Benevolent Association Mini Convention in Atlantic City. For a full review and analysis of the “180 Day Bill”, please review our blog post of February 4, 2009 entitled, Legislative Proposal Seeks To Provide Law Enforcement Officers Pay Status When Appeals of Termination Are Not Resolved In 180 Days.

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Yesterday, I had the opportunity to sit down with the Treasurer for the State of New Jersey, David Rousseau, the Director for the Governor's Office of Employee Relations and Union officials that I represent.  The purposes of the meeting was to listen to the Treasurer's doom and gloom speech regarding the State budget, how broke the state is, and how difficult it is to balance the State budget as mandated by the New Jersey State Constitution.  With that being said, it can not be denied that we are in an extraordinary economic climate that has not been experienced in our life times. 

One of the plans to cut the budget that was proposed by Governor Corzine and his staff is to issue mandatory involuntary furloughs to all State Law Enforcement Officers.  Of course this idea when presented to union officials was met with disdain and discontent.  First, under New Jersey State law, there is no such thing as an "involuntary furlough".  Furloughs as defined by the New Jersey Department of Personnel are voluntarily absences initiated by public employees at the request of the government.  When the government makes a unilateral decision to absent an employee from work against his or her will, even if it is for a day or two, it is a "layoff".  When layoffs are initiated by State, County, or Municipalities, again, these governmental bodies must follow the rules and regulations promulgated by the New Jersey Department of Personnel.  Thus, special re-employment lists must be created, and all of the seniority and bumping rights contained in collective bargaining agreements must be followed.

I am writing this entry for two reasons.  First, to educate our readers and union officials about the fallacy of "involuntary furloughs"; and second to call all public safety officers throughout the state of New Jersey to action.  Laying off public safety officers, whether they be state, county or municipal, in an effort to save a few dollars to balance a budget is a horrific idea.  Think about it.  When there are less police officers on the streets due to layoffs, are the criminals going to take a vacation?  Are the buildings in New Jersey going to stop burning?  How about the security of our prisons.  Are the convicted murders, rapists and gang members housed in institutions through out the state going to be more cooperative because there are less corrections officers walking the tier?

It is a shame that some politicians do not commit to public safety the same way that all of the professional police officers, firefighters and corrections officers do on a daily basis.  Thus, please call you Assembly Members and State Senators.  Make them aware that public safety officers through out the state will not stand for the public safety of our loved ones to be diminished because of the fiscal crisis that we are in due to the politically poor planning and lack of foresight.  Now is time that all public safety officers must come together in solidarity to protect your employment rights, your health and safety, and the health and safety of those citizens that you protect and serve on a daily basis.

As always--Thank you for all of the protection and piece of mind that you provide on a daily basis. 

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