As reported by nj.com, a Democratic state senator said that Governor Chris Christie is looking into eliminating the Division of Fire Safety, which is responsible for enforcing the state fire code, education programs, and firefighter training. In a news release criticizing the plan, Senator Jim Whelan said the administration wants to divide the duties of the office across state government, though the discussions have not been made public. 

The governor’s office declined to comment, and referred questions to the Department of Community Affairs, which oversees the Division of Fire Safety. Hollie Gilroy, a spokeswoman for the department, did not dispute that such a move was under consideration, but said no decisions have been made.

“Reorganizations are always discussed, but those considerations are preliminary and no decisions have been made,” Gilroy said in an email. “As we consider increasing efficiencies and decreasing redundancies in government, the number one priority will always be the people the Department is charged with protecting and serving.”

Whelan called on the Christie administration to disclose more details about eliminating the office and to conduct the planning in public. “The Christie Administration needs to answer some questions about their proposal and any further discussions on it should be done in public,” Whelan said in a statement. 

Dominick Marino, president of the Professional Fire Fighters Association of New Jersey, said he is concerned that discussions are taking place about disbanding an agency that is crucial to the public’s safety. In addition to investigating large fires or firefighter injuries, he said the division provides a centralized location for municipalities to contact the state.

“The Division of Fire Safety is a very valuable division for the fire services, for both paid and volunteer,” Marino said. “We all know what happens when you divide things in state government, they get lost in the shuffle and the fire service will be hurt by that.”

Whelan, a former mayor of Atlantic City, said it does not appear to him that eliminating the office will be getting rid of redundancies. “As a former mayor of an urban area, I can attest to the importance of coordinated firefighting and investigative efforts,” Whelan said. “The division often plays a crucial component in those areas. I will await to hear the administration’s response, but I fail to see the logic of this proposal.”

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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.