Recently, the Public Employment Relations Commission (“PERC”) has proposed temporary rules to implement the provisions of L.2009, c.16. That law allows non-Civil Service law enforcement officers and firefighters who are terminated pursuant to a complaint or charges not involving any alleged violation of criminal law to have the option of having their terminations reviewed by means of binding arbitration.

Review through binding arbitration is an alternative to review through a proceeding in the Superior Court pursuant to N.J.S.A. 40A:14-22, pertaining to firefighters, and/or N.J.S.A. 40A:14-150, pertaining to law enforcement personnel. The new statute is applicable to terminations for non-criminal conduct in which the underlying conducts occurs after June 1, 2009. In addition, the new statute directs that PERC establish a special panel of arbitrators to review the terminations.

The text of the proposed temporary rules can be found on the Rulemaking page of the NJ PERC Web Site or by clicking on the following link.

Following receipt of comments from interested parties, PERC plans to adopt temporary rules. The temporary rules can remain in effect for thirteen (13) months. Before that period expires, PERC plans to propose and adopt permanent rules in accordance with the Administrative Procedure Act.

Comments on the temporary rules can be submitted by May 15, 2009 to: Lawrence Henderson, Chariman, Public Employment Relations Commission, P.O. 429, Trenton, New Jersey 08625-0429 or via fax to (609) 777-0089 or email to lhenderson@perc.state.nj.us. 

It goes without saying that these rules will have a significant impact upon numerous New Jersey Public Safety Officers going forward. As such, please check this blog periodically to ascertain updates regarding the adoption of these temporary rules.

 

Tags: NJ Employee Disciplinary Hearings, NJ Employee Terminations, NJ Fireifghter Terminations, NJ Non-Civil Service Law Enforcement, NJ PERC, NJ Police Terminations, NJ Public Employee Discipline, Non-Civil Service NJ Employees, PERC Temporary Rules, police discipline, Police Terminations, Public Employee Discipline
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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.

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