Dedicated to Corrections Officers, Policemen, & Firemen throughout the Garden State
In the Matter of Martinez, A-0090-07T2, the Appellate Division held a civil service appointing authority violates the Rule of Three, N.J.S.A. 11A:4-8, in guaranteeing a promotional candidate that he or she will receive the appointment if he or she attains the highest score on the examination.
After taking the civil service examination …
On October 1, 2008, Governor Jon Corzine signed into law five bills aimed at fixing New Jersey’s Workers’ Compensation System. Significantly, the bills should reduce the long delays in making injured workers whole. The legislation, the State’s first workers’ compensation overhaul in thirty years, was the product of public hearings that followed a series …
On September 23, 2008, the New Jersey Supreme Court entertained oral argument in the case of State v. DeAngelo, A-73-07, wherein the issues of labor protesting and free speech collide. The case involves a union official who was fined for displaying a 10-foot tall, inflatable rat at a Lawrence Township labor rally, thereby …
Many public safety officers in the state of New Jersey understand that the terms and conditions of their employment to include the wages they are paid and the benefits they receive are derived from a collective bargaining agreement reached between the public employer and their collective bargaining unit. However many public safety officers are not aware of the…
In the case of Spinks et al. v. The Township of Clinton et al., 52-2-1684, The Township of Clinton sought to bar the release of an internal affairs investigation of the police department that was submitted to the trial court as part and parcel to a summary judgment proceeding. The Township argued that the disclosure of these types of…
In the case of Grasso v. Fraternal Order of Police, Glassboro Lodge No. 108, 33-2-1617, the Superior Court of New Jersey, Appellate Division, held that under the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-1 et.seq, the Defendants owed no duty to the Plaintiff to represent him in a dispute with the Borough of Glassboro…
On September 11, 2008, the New Jersey Law Enforcement Supervisors Association (“NJLESA”) and New Jersey Law Enforcement Commanding Officers Association (“NJLECOA”), jointly filed a lawsuit in the Superior Court of New Jersey, Law Division, Mercer County against the State of New Jersey challenging the viability of N.J.S.A. 11A:6-10 and N.J.A.C. 4A:6-1.13, the provisions of New…
The Superior Court of New Jersey, Law Division, Passaic Vicinage, (DeLuccia, J.S.C.) recently interpreted a collective bargaining agreement (CBA) pertaining to discipline in the case of Whitaker v. Passaic County Sheriff’s Department, 33-3-139. In this case the Plaintiff appealed her right to challenge minor disciplinary charges which were previously dismissed for alleged failure to exhaust administrative remedies under the…
The New Jersey Superior Court, Appellate Division recently ruled that a firefighter who has called in false alarms, goes to respond to the false alarms that he called in, and is convicted for Official Misconduct, N.J.S.A. 2C:30-2, as a result of this behavior, can not be convicted separately for the setting of the false alarms, N.J.S.A. 2C:33-3. In…
