Police licensing has begun in earnest and one of the areas that will be targeted by the Police Training Commission are domestic violence matters. Allegations of domestic violence carry serious consequences in terms of licensing. N.J.A.C. § 13:1-10.1 provides that any person employed as a law enforcement officer, including a full-time permanent law enforcement officer
Often in disciplinary actions the employer will propose, as part of a settlement to resolve administrative charges, that the employee sign a last chance agreement (“LCA”). An LCA is an agreement between an employer and an employee that is generally supposed to result in an employee’s immediate termination if they violate the terms of the
In a recently issued ruling by New Jersey’s Appellate Division, the Court upheld an earlier ruling by a superior court judge holding that an officer did not commit “willful misconduct” under New Jersey’s Tort Claims Act when he engaged in a pursuit of a vehicle after the driver pulled away from a traffic stop. The
When a New Jersey law enforcement officer or firefighter is suspended without pay pending the outcome of a disciplinary action, namely, termination charges, state law provides that a final determination on the charges shall be rendered within 180 calendar days from the date he or she is suspended without pay. Under the law, if a
As reported by nj.com, a new report is critical of how the New Jersey State Police has handled some low-level discipline cases and faults investigators for sometimes taking too long, but overall the review concluded the agency followed the law in handling internal investigations.
The Office of the State Comptroller also raised concerns that
Despite the constant influx of novel legal issues caused by the COVID-19 crisis, the New Jersey Appellate Division is still busy at work rendering decisions on all aspects of the law, including those related to labor and employment. Case in point: M.R. v. Board. of Trustees (PERS), No. A-6015-17T4, 2020 N.J. Super. Unpub. LEXIS
On July 30, 2019, the New Jersey Appellate Division issued a formal opinion in Docket No.: A-3194-17T1 reversing an earlier decision by the the Civil Service Commission (CSC) refusing to reopen the appeal of a Corrections Sergeant (Appellant) of his removal from employment with the New Jersey Department of Corrections (NJDOC). The Appellant was previously
A recent opinion rendered by the Appellate Division has important implications for all law enforcement officers, and all public employees for that matter, who are considering applying for disability retirement while simultaneously fighting disciplinary charges. The case, Cardinale v. Board of Trustees, Police and Firemen’s Retirement System, A-1997-17T1, involved a police officer who was
Recently, the Superior Court of New Jersey, Appellate Division (“Appellate Division”) issued an opinion in the case In the Matter of Frank Harkcom, Bayside State Prison, Department of Corrections. This case reinforces the fact that New Jersey Public Safety Officers must be mindful if there is a temporary (“TRO”) or final restraining order (“FRO”)
Recently, the Appellate Division issued an opinion in the case New Jersey State Police v. Trooper Brandon Bruns that addressed an officer’s failure to report the misconduct of another off-duty officer. In that case, following an internal investigation, the New Jersey State Police served a charge upon the appellant for his failure to report the