New Jersey Public Safety Officers Law Blog

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Public Safety Officers Law Blog

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Tag Archives: Appellate Division

Appellate Division Addressed PERC’s Authority, Security Camera Issues

Posted in Public Employment Labor Law
As reported by the New Jersey Law Journal, the Superior Court of New Jersey, Appellate Division (“Appellate Division”) ruled that the State’s Public Employment Relations Commission (“PERC”) has near-exclusive jurisdiction over labor disputes between public workers and their employers. To this end, the three judge panel stated PERC has “exclusive jurisdiction to decide complaints arising… Continue Reading

Labor Arbitration Awards: Be Mindful of The Standard of Review

Posted in Contract Interpretation, Interest Arbitration, Public Employment Labor Law
As reported by the New Jersey Law Journal, the Appellate Division recently issued an opinion in the case Policemen’s Benevolent Association v. Camden County Board of Chosen Freeholders, which addressed a challenge to a labor arbitration decision revolving around “bonus vacation days.” In the case, the Union appealed from an Order which dismissed its complaint… Continue Reading

NJ Public Employee Involuntary Disability Applications: Notice Must Be Given On Type of Benefits Being Sought

Posted in Disability Retirement
As reported by the New Jersey Law Journal, the Appellate Division recently issued an opinion in the matter Westphal v. Board of Trustees, Police and Firemen’s Retirement System, which addressed certain issues associated with the filing of involuntary disability retirement applications. In the case, the Petitioner, William Westphal, appealed from the Board of Trustees’ denial… Continue Reading

Court Addresses Failure to Report Off-Duty Misconduct of Fellow Officer

Posted in Public Employee Discipline
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 misconduct of… Continue Reading

Appellate Division Again Considers Meaning of “Undesigned and Unexpected” in NJ Public Employee Accidental Disability Appeals

Posted in Disability Retirement
The Appellate Division once again the considered the “undesigned and unexpected” standard as it pertains to qualifying for accidental disability retirement benefits in the case of Mason v. Bd. of Trustees, Police and Firemen’s Retirement System. In the case, the appellant alleged she was injured while qualifying with a firearm for her work as a Correction Officer… Continue Reading

Christie’s Attempt to Dismantle the NJ Civil Service System through the Initiation of “Job Banding” is Illegal

Posted in Uncategorized
As reported in NJ.Com, a New Jersey appeals court Thursday struck down controversial changes Governor Christie’s administration unilaterally made to the state’s civil service system.  The Appellate Division on the New Jersey Superior Court stated in its decision that the state’s Civil Service Commission was wrong to push forward with the “job-banding” changes over the objections of the state… Continue Reading

Appellate Division Approves Jersey City Firefighter Application for Accidental Disability Benefits

Posted in Disability Retirement, Public Employment Labor Law
As reported on NJ.Com, a Jersey City firefighter who injured himself when he broke down the front door of a burning home and saved two people in 2010 was awarded accidental disability pension benefits by the Superior Court of New Jersey, Appellate Division, after the Board of Trustees for the Police and Firemen’s Retirement System originally… Continue Reading

New Jersey Appellate Division Affirms that a Local Police Department’s Internal Rules And Regulations Do Not Need To Be Enacted By Way Of A Local Ordinance

Posted in Public Employment Labor Law
On August 19, 2013, the Appellate Division for the Superior Court of New Jersey released an unpublished opinion that affirmed the Trial Court’s decision to dismiss the FOP’s complaint that sought to vacate an arbitration award. In the matter entitled, 25-2-1046 Fraternal Order of Police – New Jersey Labor Council Inc. v. Township of Pennsville, App.… Continue Reading

Court Upholds Official Misconduct Indictment Against North Brunswick Police Officer

Posted in Uncategorized
  As reported by nj.com, an appeals court ruled an indictment against a North Brunswick police officer charged with official misconduct in an accident that killed a fellow officer is legal and should stand. It was the second decision by the appellate judges that the indictment charging Lieutenant Keith Buckley with two counts of official misconduct… Continue Reading

Superior Court, Appellate Division upholds Corzine’s Decision to Furlough New Jersey State Employees

Posted in Pay and Overtime
On Friday, April 17, 2009, The Superior Court of New Jersey, Appellate Division, upheld the ability of state and local governments to furlough public employees. The court agreed with the decision of the state government that the fiscal crisis that the state and nation currently faces allows for emergency action. In citing its opinion the court… Continue Reading

Sheriff’s Officer Responsible for Reimbursement of Training Costs

Posted in Pay and Overtime
In the case of Spicuzzo, Sheriff of Middlesex County et al. v. Barcheski, App Div., 33-2-2859, the Appellate Division approved a final judgment entered in favor of the Plaintiff, the Sheriff of Middlesex County, where in the Defendant in the case was ordered to reimburse the department $8,469.48 pursuant to a written contract outside of the collective… Continue Reading
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