On February 5, 2008, in State v. DeAngelo, Docket No. A-73-07, the New Jersey Supreme Court held that a municipality violated free speech rights by banning temporary signs on public streets, including a 10-foot high inflatable rat at a labor protest. This case was the subject of a previous blog entry wherein our
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BOROUGH’S PROMOTIONAL PROCESS UPHELD
In the matter of Paul Weber v. Borough of Glen Rock, A-1079-07T3, Plaintiff, Paul Weber, appealed from two trial court orders: (1) an order dated May 3, 2006 dismissing some of his claims; and (2) an order dated September 5, 2007 granting summary judgment to defendants on the balance of the claims. After …
Policy of Progressive Discipline Circumvented/Dismissal of Officer Upheld
In the case of In the Matter of Carpenito, Sergeant Vincent Capenito appealed a final agency decision dismissing him from the Division of State Police. The Appellate Division sustained Carpenito’s dismissal and rejected his contention that the policy of progressive discipline required a less severe sanction.
On March 24, 2006, Carpenito was …
Public Safety Officers Appointed to Promotional Positions to Fill a Vacancy During a Military Leave of Absence have no Claim to Permant Employment Title
In the case entitled, In the Matter of Herrick, etc. 33-2-1258, The New Jersey Superior Court, Appellate Division opined that a police officer serving in the elevated civil service title of captain in order to fill a vacancy created by a temporary leave of absence due to a military obligation has no claim to…
Federal Corrections Officer Murdered at Atwater US Penitentiary
I was driving home from a legal seminar in Northern Virginia today when I received and E-Mail message from Sergeant Steve Brzdek, President of The New Jersey Law Enforcement Supervisors Association, the collective bargaining unit that represents all New Jersey State Supervisory Law Enforcement Personnel. The E-mail informed me that a Federal Corrections Officer was…