As reported in the Star Ledger on November 10, 2010, hundreds of Newark city police officers, firefighters, and civilian employees, barring a last-minute reprieve, will be laid off on Friday, November 12, 2010 after a judge dismissed a lawsuit aimed at blocking the city’s cost-cutting measures.

Superior Court Judge Patricia Costello told lawyers for the unions filing suit that she did not have the authority to issue a temporary stay to prevent 167 city police officers, 24 firefighters, and several hundred civilian employees from losing their jobs. While the Judge appeared sympathetic to the plaintiff’s claim that layoffs might adversely affect public safety and that the city had not engaged in meaningful negotiations, she said only the state Civil Service Commission can hear such a request.

Judge Costello also voiced frustration that the Commission, which had earlier approved the city’s layoff plan, is now one member short of the minimum needed to hold another hearing. “While the case law is completely clear, it’s hollow if the CSC is not meeting,” she said of the Commission, which is a defendant in the lawsuit along with Newark Mayor Cory Booker. The Appellate Division, however, can rule on the request for a temporary stay, Judge Costello said, and can issue a decision itself or return the case to her with that authority.

Facing an $83 million deficit, the Newark City Council approved the mayor’s budget last month, which includes a total of 866 layoffs and a 16 percent property tax hike. The Commission had earlier approved the city’s layoff plan and deemed an earlier appeal “not ripe” until the layoffs occur.

It is expected the unions will be filing a similar request for a temporary injunction with the Appellate Division. Therefore, please continue to check this blog periodically to ascertain any updates that become available.

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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.