As reported by NJ.com, a group of unions representing New Jersey State Troopers are the first to sue Governor Chris Christie to force him to make a larger payment to the State’s public-worker pension system in his latest state budget proposal.  Christie’s proposed budget, which covers the fiscal year that begins in July, includes a $1.3 billion pension payment that is nearly two times the size of this year’s contribution, though still far below what he agreed to under a 2011 pension overhaul he signed into law.

The State Troopers Fraternal Association of New Jersey, the State Troopers Non-Commissioned Officers Association, and the State Troopers Superior Officers Association filed a lawsuit in State Superior Court in Trenton this week saying Christie is breaking that 2011 law by not making the full payment.  “The foregoing situation constitutes a real, present, and imminent danger that the defendants are about to violate,” the lawsuit says.  “Any failure to fund the pension trust  has a ripple effect into the future.”  A dozen other public-worker unions said earlier this week they plan to file similar lawsuits.

The pension crisis is arguably the biggest issue in Trenton, and one that threatens to complicate Christie’s possible campaign for the 2016 Republican nominati0n for president.  A State Superior Court Judge ruled last month that Christie broke the 2011 law when he slashed $1.5 billion from the pension payment in the current state budget.  Judge Mary Jacobson also ordered that he and the State Legislature work together to make up the money, though the Governor is expected to appeal.

New Jersey’s governors have short-changed the pension system for two decades in an effort to balance state budgets.  That has left an $83 billion unfunded pension liability.  Saying he didn’t have a choice, Christie cut a combined $2.4 billion in pension payments from the 2014 and 2015 budgets after his office’s revenue projections fell far short.  He said he hired a special commission to suggest new reforms because the 2011 overhaul didn’t go far enough.  Union members and Democratic lawmakers have said they are unlikely to go along with Christie’s new plan until he makes the full payments.

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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.