As reported by nj.com, last year, cities and towns across New Jersey were forced to lay off thousands of employees to cope with budget woes, while momentum for benefit reform in Trenton pushed a record number of public workers into retirement. In theory, the exodus of employees was supposed to make municipalities leaner and provide some financial relief. Instead, some of New Jersey’s most cash-strapped cities had to pay millions to departing employees for their unused sick and vacation time, even as they struggled to provide basic services. The largest checks to departing workers exceeded $200,000.

For some cities and towns, the total payouts were so big that they had to take out loans to make them. The examination of records, as well as interviews with union and local officials, show cities are encountering a perfect storm: The Christie administration’s push for public workers to pay more for pensions and health care prompted many to retire early just as the bad economy and state aid cuts forced layoffs. Cities and towns with no money to spare were then hit with having to make big payouts for accumulated time that was promised years ago.    

The Star-Ledger reviewed eight municipalities that either borrowed to make their payments under a new law that allows this, or experienced high-profile layoffs last year: Newark, Atlantic City, Camden, Jersey City, Trenton, South Brunswick, East Orange and Hackensack. In total, these municipalities paid more than $39 million last year to more than 700 employees who cashed in their unused sick and vacation time, about $54,000 per employee. At the same time, they laid off about 460 employees, mostly police and firefighters, records show. The State does not have records for every town, but officials say they believe this pattern was repeated across New Jersey.

Jim Ryan, spokesman for the State Police Benevolent Association, said cities that previously benefited when employees skipped vacations to work contributed to the problem because they failed to first calculate the cost of the payouts in the rush to lay off police and push veterans to retire. The result, he says, is that departments are dangerously depleted. “The majority of our members are on the front lines and don’t benefit,” said Ryan. “It’s the administrators getting the big paychecks and leaving our members behind in depleted departments and without proper backup.”

Across New Jersey, 20,237 public employees retired last year, an almost 65 percent increase from the 12,270 who retired in 2009 and the highest number in a decade. Union leaders say fear of public-employee benefit reforms was a major reason workers headed for the exits.

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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.