As reported by NJ.com, nearly 8,000 New Jersey Police Officers and Firefighters with twenty (20) years of service can now retire early under a bill signed into law on Monday. The legislation, S107, known as the “burnout bill,” allows public safety workers who reach twenty (20) years of service within the next two years
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New Jersey Supreme Court Rules Police Dashcam Videos Not Subject to Public Disclosure In Most Circumstances
As reported by NJ.com, the New Jersey Supreme Court issued a ruling wherein video of New Jersey Police Officers chasing down and arresting suspects will not be turned over to the public and the media in many cases. A divided Supreme Court ruled 4-3 in the matter entitled Paff v. Ocean County Prosecutor’s Office…
NJ Attorney General Directive: All NJ Police Officers Subject to Random Drug Testing
As reported by NJ.com, all police officers in New Jersey are now subject to random drug-testing under a directive from the State’s new Attorney General. Police Departments are also required to implement “early warning systems” triggered by problem behavior such as misconduct accusations, lawsuits, domestic abuse and drunken driving under a separate directive announced…
Termination of Municipal Patrolman Upheld
On June 11, 2009, the Appellate Division decided Michael Kappre v. Borough of Paulsboro, Docket No.: A-3573-07T3. In the case, the Paulsboro Police Chief filed misconduct charges against Michael Kappre, a former patrolman and sniper for the Paulsboro Police Department’s SWAT team. The Borough of Paulsboro sought Kappre’s termination. Kappre pleaded not guilty to …
Potential for Reimbursement of Wages Received During Period of Suspension
On March 20, 2009, the United States District Court for the District of New Jersey decided the case of Wade v. Colaner. In the case, plaintiff, a Tinton Falls police officer, was pulled over by New Jersey State Troopers for speeding. Plaintiff was subsequently charged with careless driving, obstruction of administration of law, and resisting arrest. On…
Merit System Board Increase of Disciplinary Penalty Upheld
On March 20, 2009, the Appellate Division decided In the Matter of Larry Martin, Docket No.: A-3271-07T3. In the case, Larry Martin, a police officer with the City of Jersey City, appealed from a disciplinary penalty imposed upon him by the Merit System Board.
Martin, who had been a member of the…
Defense to Lawsuit Arising Out of Action During Side-Business Not Subject to Reimbursement
On March 16, 2009, the Appellate Division decided Siaw v. Valenzuala. In the case, Defendant Diomedes Valenzuala, a police officer, appealed from the judgment of the trial court denying his claims against his former employer, the Township of Irvington, for indemnification pursuant to N.J.S.A. 40A:14-155 in connection with his defense of a lawsuit against…
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…
Police Promotion Discrimination Suit Dismissed
On February 9, 2009, the United States District Court for the District of New Jersey decided the case of Martin v. City of East Orange. In the case, plaintiffs, two police officers, alleged that in failing to promote them in 2003, when officers ranked below them were recommended for promotion, although not promoted, the defendants…
Legislative Proposal Seeks to Provide Law Enforcement Officers Pay Status When Appeals of Termination Are Not Resolved Within 180 Days
This blog entry will focus upon our review of certain statutory proposals currently pending in the New Jersey Legislature concerning the pay status of law enforcement officers when appeals of termination are not resolved within 180 days. These proposals are set forth in Assembly Bill Number 3481.
Assembly Bill 3481 concerns the suspensions of certain law enforcement officers and firefighters and supplements Title 40A of the New Jersey statutes and specifically amends N.J.S.A. 40A:14-150 and N.J.S.A. 40A:14-22. In essence, the bill allows certain law enforcement officers and firefighters to regain pay status when appeals of termination are not resolved within 180 days.
The first part of the bill provides:
When a law enforcement officer employed by a law enforcement agency…that is subject to the provisions of Title 11A of the New Jersey Statutes is suspended from performing his official duties without pay for a complaint or charges, other than (1) a complaint or charges relating to the subject matter of a pending criminal investigation…whether pre-indictment or post indictment, or (2) when the complaint or charges allege conduct that also would constitute a violation of the criminal laws of this State or any other jurisdiction, and the law enforcement agency employing the officer…seeks to terminate that officer’s…employment for the conduct that was the basis for the officer’s…suspension without pay, a final determination on the officer’s…suspension and termination shall be rendered within 180 calendar days from the date the officer…is suspended without pay.…