As reported by NJ.com, just hours after Governor Chris Christie claimed he’d reached an “unprecedented accord with the New Jersey Education Association” that would “solve our long-term problems with the pension and health benefit systems,” the criticism poured in, from the NJLEA, from other union leaders and even a former New Jersey governor.  NJLEA President Wendell Steinhauer claimed the teacher’s union was “deeply disappointed” that Christie “overstated the nature of the understanding” reached with the governor’s commission after months of talks. “The pension plan’s long-term problem has always been the state refusing to put money in,” said Hetty Rosenstein, New Jersey state director of the Communication Workers of America, “Now, here we go again.” The New Jersey chapter of the CWA represents some 40,000 state workers, as well as 15,000 county and municipal workers.

In the summer of 2011, Christie sought to stabilize the funds by signing a law that mandated significant increases in the employee contribution rates of the State’s major unions and increases in the retirement age for new members.  In return, the State agreed to ramp up pension payments each year.  But last year, Christie withheld a $2.4 billion funding contribution after the State’s revenue forecasts fell far short, prompting lawsuits from pension administrators and a judge’s ruling that he was wrong to withhold $1.57 billion in the current fiscal year.

“No matter how many back room meetings transpire, there won’t be a solution until we address the problem by putting the legally required money into the pension,” said Rosenstein, “If Christie continues to break the law-which was upheld yesterday in the court-New Jersey’s pension funds could go bankrupt in 10 years.”

But Patrick Colligan, president of the New Jersey State Policemen’s Benevolent Association, noted that as his union is funded by municipalities, it is in far better financial shape than those funds that have been shorted by the State through the years and his members should not face higher costs and lower benefits.  “To propose solutions to further reduce employee benefits essentially ignores the math of (Police and Firemen’s Retirement System),” Colligan said, adding the plan “punishes nearly 40,000 law enforcement officers and firefighters who have no part to play in the State’s underfunded pension plans.

His derision was echoed by Edward Donnelly, president of the New Jersey Firefighters Mutual Benevolent Association.  “We have seen the results of Christie’s previous ‘reforms,’ increased obligations to our members, while New Jersey taxpayers’ burden continues to be even greater,” said Donnelly.  “Instead of more deceptive back room deals, now is the time for us to stand together to bring about meaningful changes that save our pension system without further burdening taxpayers.”

In announcing his plans, Christie took aim at previous governors, whom he assailed for “an eagerness to please and to say what people wanted to hear in the past has led to high levels of state employee benefits without the willingness to actually fund those benefit levels.”  Former New Jersey Governor Jim Florio was in attendance, and took umbrage at that allegation, retorting that “I was the last governor to fully fund the pension system,” and calling Christie’s plan “an interesting way of offloading the responsibilities of the State onto somebody else.”  Asked if he thought is was a bad idea, Florio said “the jury is still out” but far more important than any of the plan’s proposals was that the State actually make its required funding contributions.  “The State has to start giving money in,” said Florio, adding that the unions can’t play their hand “unless the cards have been dealt.  He didn’t cause the problem, but he hasn’t handled it yet.”

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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.