On August 19, 2013, the Appellate Division for the Superior Court of New Jersey released an unpublished opinion that affirmed the Trial Court’s decision to dismiss the FOP’s complaint that sought to vacate an arbitration award. In the matter entitled, 25-2-1046 Fraternal Order of Police – New Jersey Labor Council Inc. v. Township of Pennsville, App. Div. the FOP appealed from a Chancery Division order that dismissed its complaint in which it sought to vacate an arbitration award upholding a disciplinary action against a patrolman.

The Appellate Division found that N.J.S.A. 40:14-118 empowers the governing body of a municipality to adopt an ordinance establishing a police department and delegating to others the authority to prepare rules and regulations for the control of that department and the discipline of its members, without the need for a separate ordinance. Additionally, the Court went on to further state that the ordinance did not contravene N.J.S.A. 40:14-118 by designating the mayor as the appropriate authority responsible for the overall performance of the police department while designating the Township Committee as the body responsible for adoption of the department’s Rules and Regulations. 

Therefore, since the patrolman was disciplined under validly enacted rules and regulations, the Court affirmed the decision of the lower court that dismissed the complaint to vacate the arbitration award and upheld the discipline that was handed down to the patrolman.

In essence, this case affirms the premonition that a local police department’s internal rules and regulations do not have to be enacted by way of adopting a local ordinance.

 

Tags: Appellate Division, arbitration award, arbitration local ordinance, FOP, Public Employment Labor Law
Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Frank M. Crivelli Frank M. Crivelli

Frank M. Crivelli’s practice revolves around the representation of over eighty-five (85) labor unions in various capacities, the majority of which bargain for law enforcement entities. He is proud to be called on a daily basis to provide counsel to over 12,000 state…

Frank M. Crivelli’s practice revolves around the representation of over eighty-five (85) labor unions in various capacities, the majority of which bargain for law enforcement entities. He is proud to be called on a daily basis to provide counsel to over 12,000 state, county and local law enforcement officers, firefighters and EMS workers.

Mr. Crivelli specializes his individual practice in collective negotiations.  Over the past twenty (20) years, Mr. Crivelli has negotiated well over one hundred (100) collective bargaining agreements for various state, county, municipal and private organizations and has resolved over thirty-five (35) labor agreements that have reached impasse through compulsory interest arbitration.  Mr. Crivelli routinely litigates matters in front of the New Jersey State Public Employment Relations Commission, the New Jersey Office of Administrative Law, third party neutrals for mediation, grievance and interest arbitration, the Superior Court of New Jersey and the United States District Court for the District of New Jersey.

Mr. Crivelli founded and created the New Jersey Public Safety Officers Law Blog (www.njpublicsafetyofficers.com) approximately fifteen (15) years ago where he and members of his firm routinely publish blog posts regarding legal issues related to the employment of New Jersey Public Safety Officers.  The blog now contains over six hundred (600) articles and is reviewed and relied upon by thousands of public employees.  Mr. Crivelli has also published books and manuals pertaining to New Jersey Public Employee Disability Pension Appeals and the New Jersey Worker’s Compensation System. Currently, he is drafting a publication on how to Prepare and Negotiate a Collective Bargaining Agreement.  He lectures annually at the New Jersey State PBA Collective Bargaining Seminar, the National Association of Police Organization’s Legal Seminar, the New Jersey Public Employment Relations Commission Seminar on Public Employment Labor Law, the United States Marine Corps’ Commander’s Media Training Symposium and to Union Executive Boards and General Membership bodies on various labor related topics.

Prior to entering private practice, Mr. Crivelli joined the United States Marine Corps where he served as a Judge Advocate with the Legal Services Support Section of the First Force Services Support Group in Camp Pendleton, California.  While serving in the Marine Corps, Mr. Crivelli defended and prosecuted hundreds of Special and General Court Martial cases and administrative separation matters.  In addition to his trial duties, Mr. Crivelli was also charged with the responsibility of training various Marine and Naval combat command elements on the interpretation and implementation of the rules of engagement for various military conflicts that were ongoing throughout the world at that time. After leaving active duty, Mr. Crivelli remained in the Marine Corps Reserves where he was promoted to the rank of Major before leaving the service.

For the past fifteen (15) years, Mr. Crivelli has been certified as a Civil Trial Attorney by the Supreme Court for the State of New Jersey, a certification which less than two percent (2%) of the attorneys in New Jersey have achieved.  He is a graduate of Washington College (B.A.), the City University of New York School of Law (J.D.), the United States Naval Justice School, and the Harvard Law School Program on Negotiation.

Read more about Frank M. CrivelliFrank's Linkedin Profile
Show more Show less
Related Posts
Licensing
The Impact of a "Domestic Violence Restraining Order" on Your NJ Law Enforcement License
May 20, 2024
Last-Chance
The Importance of Negotiating the Terms of a Last Chance Agreement and How to Limit its Impact
April 19, 2024
IMG_0728
Incorrect Retiree Healthcare Advice from the NJ Division of Pensions and Benefits Proves Costly
April 14, 2024