As reported by nj.com, the State Police should drop all charges against the protesters arrested at Thursday’s contentious budget hearing, Senate President Stephen Sweeney said today. “The issues of pension and health reform are tough and emotional,” he said in a statement. “I understand that. And as someone who has spent my life in a union fighting for working people, I know that sometimes emotions bubble over.”

Sweeney was the focus of heated criticism throughout the day for pushing a bill that overhauls the state’s pension and benefits system for public workers, requiring them to devote more of their salaries to cover those costs. The bill passed the Senate budget committee Thursday 9-4 despite an outcry inside and outside the hearing room. Before the vote, 25 union workers, including the state director of the AFL-CIO, were escorted out of the Statehouse by State Police troopers. They were promptly let go with disorderly conduct charges.

Stephen Jones, a spokesman for the State Police, said the matter is out of their hands. “It’s been submitted to the court,” he said. “At this point it’s up to them.”

The show of resistance was planned a few days before the hearing, however. Bob Master, political director of the Communications Workers of America, said they warned police “at the last minute.” “Nobody wants to resort to this kind of activity,” he said. “You want to be able to accomplish your goals through the normal legislative process, but I think people felt a sense of real betrayal here.”

Sweeney had a different take on the rancor outside. Christopher Shelton, a national CWA official addressing thousands of demonstrators, repeatedly called Sweeney, Governor Chris Christie, and Assembly Speaker Sheila Oliver “nazis.” Other speakers disowned that comparison and rebuked Shelton from the stage.

“While the rank-and-file who protested in the committee room were largely respectful, their leaders outside were not,” Sweeney said. “When you defame the character of those with whom you differ and use over-the-top and over-heated rhetoric not to actually further an argument but simply to stir up a crowd, you degrade and diminish yourself and your cause.” Shelton apologized hours after the event, after Democrats and a national group of holocaust survivors denounced the remarks.

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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.