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
NJ Public Safety Officers
Reimbursement of Academy/Training Costs: A Mandatorily Negotiable Topic
One of the mechanisms that law enforcement officers and unions have at the negotiations table is the characterization of or “free agent” mentality. In simple terms, this refers to an individual officer’s ability to transfer or seek employment with another agency that is offering better wages, benefits, and employment conditions. When this occurs, however, employers…
The Importance of Negotiating the Terms of a Last Chance Agreement and How to Limit its Impact
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…
Incorrect Retiree Healthcare Advice from the NJ Division of Pensions and Benefits Proves Costly
In James Meyers v. State Health Benefits Commission, (New Jersey Supreme Court Slip Opinion A-27-22) (087633) the New Jersey Supreme Court examined a New Jersey public employee’s right to “free” retiree health benefits under the legal doctrine of Equitable Estoppel. In this matter, James Meyers, was a New Jersey State Trooper that had since retired…
Court Rules Officer did not Commit Willful Misconduct when he Engaged in Pursuit
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…
The Pitfalls of Post-Retirement Employment that Every Public Employee Must Heed
An Ounce of Prevention is Worth Far More than a Pound of Cure….
Most recently the new Jersey Superior Court, Appellate Division issued a decision in the matter of Behar v. Board of Trustees, Public Employees Retirement System, Docket Number A-0296-22, that discusses the very real pitfalls of post-retirement employment for public employees in…
The Pros and Cons of the 180-day Rule
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…
Reviewing NJ Attorney General’s Directive 2022-14 and the Implications It Will Have On Law Enforcement Licensing
For those of you in the know, it comes as no shock that the Licensing of sworn law enforcement officers in the State of New Jersey began on January 1, 2024. Now that the licensing implementation date has passed, with the exception of a very few, the vast majority of Patrol Officers, Sheriff’s Officers, Correctional…
Are Your Rights Under the FMLA and the NJFLA Negotiable? Examining the Interplay between Family/ Medical Leave and Paid Leave Time
Both the federal Family Medical Leave Act (FMLA) and New Jersey’s Family Leave Act (FLA) provide that an employer may adopt a policy requiring an employee to exhaust accrued paid leave during periods of FMLA/ FLA leave. In these situations, an employee would have to simultaneously utilize paid leave during periods of FMLA/ FLA leave…
The Effect of Pending Charges or Lawsuits on Disability Retirement Applications
When filing an application for disability retirement benefits with any of New Jersey public employee pension systems, there are a myriad of considerations that must be taken into account and certain pitfalls that can occur along the way. One of the considerations and/or pitfalls that must be considered is whether a member has any active…