As reported by NJSpotlight.com, inspired by the nationwide campaign against sexual harassment known as the #MeToo movement, lawmakers in New Jersey are proposing a costly new punishment for elected officials and public workers who use their positions to commit a sexual assault or related offense. A bill that was easily approved by a State Assembly committee last week would result in the complete loss of a taxpayer-funded pension by an elected official or public worker who commits a sexual assault or related offense that somehow involves their official position.

The measure would adopt the same approach currently written into state law to discourage acts of public corruption, and sponsors of the bill have drawn a direct line between the bill and the growing movement known by the social-media tag #MeToo that has raised public awareness about the issue of sexual assault and harassment in the workplace.

The pension-forfeiture bill approved by the Assembly State and Local Government Committee would amend the law that already requires a loss of taxpayer-funded retirement benefits for elected officials and public workers for offenses that primarily relate to instances of public corruption, like bribery and official misconduct. The legislation would add sexual assault, sexual contact, lewdness, and harassment to the list of offenses that result in a forfeiture of pension benefits, with the requirement that the offense be “related directly to the person’s performance in or circumstances flowing from, the specific public office or employment held by the person.” The pension forfeiture would occur when the person is either found guilty by a court of has pleaded guilty to one of the offenses that trigger the loss of retirement benefits, according to the bill.

By including the offense of harassment among the list of additional crimes that would trigger the loss of pension benefits, the impact of this bill upon public workers, to include public safety officers, has the potential to be significant. A harassment offense is typically charged in New Jersey as a petty disorderly person’s offense, resulting in just a fine. However, under the bill, a harassment conviction can now force an employee to lose a pension earned over a lifetime of work and potentially worth hundreds of thousands of dollars. Therefore, all public employees must be mindful of this if charged with such an offense should the bill become law.

Please continue to check this blog periodically to ascertain important updates regarding the progress of this bill and other issues involving New Jersey Public Safety Officers.

 

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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.