As reported by various media outlets, Governor Chris Christie announced a 33-bill legislative package on May 10, 2010 that plans to place stricter limits on property tax increases and a put a permanent 2.5 percent limit on annual raises for public workers.

Christie also discussed several potential reforms, including raising the retirement age to 65 from 62; having public employees pay more toward their pensions and allowing towns to discard some civil service rules.

Union leaders have criticized many of the proposals, doubting that they will save much money. They also fear that allowing towns to opt-out of civil service will open the system to more hiring decisions based on patronage.

The proposed legislation includes: (1) a constitutional 2.5 percent cap on the annual increases in municipal, school, and county property tax levies; (2) a 2.5 percent limit on the annual increases of public employee contracts, including wages, health benefits, vacation time, and other perks; (3) limiting the amount of unused sick time that current employees can cash out at $15,000; and (4) allowing towns to opt-out of the civil service system through an ordinance or a petition by 15 percent of the voters.

These new legislative proposals have the potential to impact every public employee in the State of New Jersey. Specifically, the proposal regarding the 2.5 percent limit on the annual increases of public employee contracts, which would affect all public employees, seems to usurp the purpose behind the collective bargaining process and the concept of organized labor. As such, this legislation must be followed closely by all New Jersey Public Safety Officers. Please continue to check this blog periodically to ascertain updates regarding this legislation and its ultimate progression.

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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.