As reported by nj.com, the Somerset County freeholders do not plan to increase taxes next year, but may downsize the sheriff’s office if union concessions are not made. The freeholders presented a proposed budget last week, a spending plan that is less than one percent smaller than last year’s $211 million budget. “It’s not a huge cut, but it’s a cut,” said Freeholder Director Robert Zaborowski.

A key issue that could affect the budget is the contract situation with the two unions representing employees in the sheriff’s office, which are now in arbitration.  Zaborowski said layoffs do not appear to be on the horizon, but he warned they could be possible. “Hopefully, we can avoid that,” he said.

Last year, the county budget called for the layoff of 10 sheriff’s officers after the unions rejected a pay freeze. The 45 sheriff’s officers are represented by the Fraternal Order of Police and the 107 corrections officers are represented by the Policemen’s Benevolent Association, Local 177. The county and unions have been negotiating since the contracts expired, in 2007 for the sheriff’s officers and last year for corrections.

So far, 16 of the 19 unions representing county employees have agreed to waive salary increases in 2010 or 2011, according to county officials. Zaborowski said staff attrition over the past few years, the county has tried to avoid hiring new employees since 2008, has been a major contributor to next year’s slightly leaner budget. In the proposed budget, the county eliminated another 27 positions, meaning 149 positions have been dropped since 2008. Budgeting for the department is almost flat: In the current year, $6,011,500 was appropriated for the sheriff’s department, and $6,017,400 is budgeted for next year.

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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.