As reported by nj.com, Governor Chris Christie signed a bill into law that will require public workers hired after September 1, from teachers and cops to all local, county and state work employees, to live in New Jersey. New hires outside the state’s borders will have a year from getting a job to pack up and move. Current public workers will not be affected.

New Jersey is the first state in the nation to enact a law mandating a residency requirement for its public employees, according to the National Conference of State Legislatures. Pennsylvania law requires only its civil service employees to live within the state, according to the New Jersey Senate Majority officials.

“With this law we are simply saying that as matter of policy, when it comes to providing public employment opportunities in New Jersey, we are looking to put our own residents first,” said Senator Donald Norcross, one of the bill’s sponsors. “This will help support our workforce, while at the same time keeping our tax dollars in the state.  This is not only sound public policy, but it makes good economic sense.” 

Christie vetoed an earlier version of the bill in February, but only to seek some technical changes. In his veto message, he noted: “I commend the sponsors for their efforts to increase employment opportunities for New Jersey residents, by ensuring that citizens throughout the state enjoy access to public positions in their communities.” 

Lawmakers agreed with the Governor’s changes to delay the effective date of the law until four months after its enactment, and expand the panel to review hardship requests seeking an exemption from the residency requirement from three to five people.

The law would apply to all public employees, including state, county and municipal governments, boards, agencies, commissions, public schools and universities. But some exemptions will be granted, such as for visiting college professors and other employees “requiring special expertise or extraordinary qualifications in an academic, scientific, technical, professional, or medical field or in administration.” Employees who are required to spend a majority of their time outside New Jersey would also get a pass on the law. Other public employees could apply to a committee for an exemption because of a “critical need or hardship.”

As of mid-January, 5,814, or 8 percent, of the state’s 71,953 employees lived out of state, according to the Department of Treasury, although the law will not apply to anyone who held a job before the measure was enacted. No figures were available for all public workers.

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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.