As reported on nj.com, New Jersey mayors got some tough love from the State Senate, which passed a bill that would cut State funding for towns that refuse to merge public services with their neighbors. The bipartisan measure, touted as a way to lower New Jerseyans’ soaring property tax bills by reducing the size of local governments, is a top priority for Senate President Stephen Sweeney and has been supported by Governor Chris Christie.

It passed 25-9 after a short debate, with some Republicans and Democrats expressing concern about how it would play out. If the bill becomes law, state officials, including the treasurer, would decide which municipalities could combine services like garbage pickup and fire and police departments to save money for their taxpayers.

Critics say they support the basic idea but that the bill poses too many logistical hurdles for local governments and seeks to twist residents’ arms into approving mergers that may not be in their best interest. They also said recent changes that retain some protections for workers will weaken towns’ ability to save money.

Under the bill (S-2), towns singled out by the State would have to merge services voluntarily or put the question to a referendum. Those that don’t end up sharing services would lose property tax relief funds from the State and would not be able to go above the 2 percent cap on property tax increases to make up the loss.

After a recent amendment, towns with workers that have union protections may not be able to share services with towns that don’t have those union benefits. But the nonpartisan Office of Legislative Services said in a fiscal analysis this month that the bill still cuts other union protections such as severance pay for laid off workers, and local governments could still save money by pooling “costs associated with equipment, maintenance, and personnel.”

The bill is pending in the Assembly, where it has yet to get its first committee hearing.

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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.