As reported by nj.com, fierce opposition could not stop the Senate from passing a contentious measure Monday that will sharply raise the cost of health benefits and pensions for the state’s 500,000 public employees. With protesters dressed in Revolutionary-era garb gathered outside the Statehouse and union members clamoring inside, the pivotal Senate vote came on the same day the Assembly Budget Committee approved by a 7-5 vote an identical version following eight hours of testimony.  

After days of protest from Democrats, Republicans and union members, a last-minute provision inserted by Senate President Stephen Sweeney limiting public employees’ access to out-of-state hospitals was weakened hours before lawmakers met Monday. The changes agreed to by Sweeney, shortly before the Senate approved the measure 24-15, would allow public workers to receive out-of-state care at a higher cost if a doctor decides the treatment is not available in New Jersey.

The Senate vote earlier in the day was a major legislative victory for Sweeney and Governor Chris Christie, who along with others hammered out the agreement over the last two months even as they sparred over other issues. The bill increases pension costs up to two percent of workers’ salaries for all public employees, while at least doubling, and in many cases tripling, their health care contributions. It also raises the retirement age from 62 to 65, eliminates cost-of-living adjustments and creates a board to formulate a menu of health plans, including low-cost, high-deductible options.

The Assembly is scheduled to vote on the bill Thursday, when it is expected to pass, just as in the Senate, despite little Democratic support. The changes are expected to save $10 million next year, far less than the $300 million the Christie administration had expected.

The Senate legislation (S2937) passed with the support of a handful of Democrats. One Democrat after another took the floor to condemn the bill, saying it curtailed the right to collectively bargain, drawing applause and cheers from the gallery. Senate Majority Leader Barbara Buono said undermining the collective bargaining process “erodes out identity as a nation.” “Today is all about politics,” she said. The bill was a result of “back-room deals” instead of open debate. It restricts competition, she said, “an affront to free-market principles.”  

Sweeney’s defenders were primarily Republicans, including state Sen. Joseph Kyrillos, a close friend of the governor. He called it a “historic day,” and praised Sweeney’s leadership.

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DONALD C. BARBATI, JR.

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.