As you are all aware, we recently posted an article about the ability of New Jersey, its counties, and municipalities to house first responders and others who may have been exposed to COVID-19 in hotels and motels at federal expense. Since that time, numerous NJ Public Safety Officers, as well as the Unions that represent
NJ Law Enforcement
Murphy Rolls Back Recent Pension Change Made By Christie
As reported by NJ.com, Governor Phil Murphy’s administration is rolling back a change to New Jersey’s public worker pension system that Chris Christie slipped in during the waning days of his administration that raised government contributions by more than $800 million. The acting State Treasurer, Elizabeth Muoio, said Christie’s surprise reduction in assumed rate…
Report: Port Authority Police Earn Far More Than Counterparts In Region
As reported by nj.com, Port Authority police officers earn far more than counterparts from most surrounding local, state and federal law enforcement agencies, including 57 percent more than New Jersey State Troopers, according to a report from an independent watchdog group.
The Citizens Budget Commission also found that officers of the Port Authority …
NJ Law Enforcement Increases Efforts Against Rising Gang Activity
As reported by nj.com, state law enforcement authorities are mounting a coordinated response to rising gang activity in cities and suburbs, New Jersey U.S. Attorney Paul Fishman said. Gang violence in the state has become “more widespread, more violent and more sophisticated” in recent years, Fishman told about 400 law enforcement agents at the …
Suspension of Transit Police Sergeant Sustained
On September 8, 2009, the Appellate Division decided In the Matter of Sergeant Maryelyn Conway, Docket No.: A-6162-07T3. In the case, Sergeant Maryelyn Conway appeals from an administrative determination of the New Jersey Transit Police Department suspending her for a period of four days for two related minor disciplinary infractions.
On the night of December 13, 2004, a car crashed onto an embankment above the New Jersey Transit train tracks in Waldwick. The vehicle was in a precarious position, with only a small tree preventing it from falling onto the tracks. Due to the danger that the vehicle might fall, train traffic in both directions was stopped.
Conway, a sergeant with the New Jersey Transit Police Department, was the supervising officer on duty at the time of these events. She did not go to the scene of the accident, but rather New Jersey Transit Police Officer Victor Migliorino was sent there. He reported to her that the Waldwick fire department, police, and emergency medical personnel were present, and that Waldwick personnel had taken charge of the scene. He did not believe Conway’s presence at the scene was necessary. She later deployed two other officers to the scene, contending that she did so in order that one of the officers could acquire more experience. She received periodic reports of the status of the scene from the officers present. She acknowledged in one radio transmission that it would have been easier if she were present. The New Jersey Transit police officers present did not play an active role in attending to the accident scene since Waldwick personnel were in charge. About an hour and one half after Conway was advised of the incident, the car was removed, and normal train traffic resumed.
Disciplinary charges were filed against Conway on January 10, 2005, due to her failure to go to the accident scene. She was charged with violating a General Order, which requires a police sergeant, as part of her duties and responsibilities, to “direct[ ] and participate[ ] in activities at the scene of emergencies.” Conway was also charged with “unsatisfactory performance” due to her failure to respond to the scene herself.
The internal disciplinary hearing was conducted on May 20, 2008. In a lengthy written opinion, the hearing officer found the charges to be substantiated. In the final agency decision dated July 1, 2008, New Jersey Transit Police Chief Jospeh C. Bober found Conway guilty of both charges and imposed a two-day suspension for each charge, for a total suspension of four days. This appeal ensued.…
Continue Reading Suspension of Transit Police Sergeant Sustained
Freedom of Association Claim Permitted to Go Forward
On February 3, 2009, the United States Court of Appeals for the Third Circuit decided the case of LaPosta v. Borough of Roseland. In the case, plaintiff, Joseph LaPosta, a police officer, alleges Defendants, the Borough of Roseland and its Police Chief, retaliated against him after he attempted to join a police organization of which…