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
Search Results for:
Bail Reform Reduces Jail Population Across New Jersey by 20.3%
By Frank Crivelli on Posted in UncategorizedAs reported in the Press of Atlantic City, since its implementation on Jan. 1, 2017, Bail Reform has reduced the population of pretrial inmates in jails across the state by 20.3 percent from 7,173 to 5,718, according to court records. Cumberland County Prosecutor Jennifer Webb-McRae said the reforms are the biggest change she has seen… Continue Reading
Appellate Division Again Considers Meaning of “Undesigned and Unexpected” in NJ Public Employee Accidental Disability Appeals
By Donald Barbati on Posted in Disability RetirementThe 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
Crivelli & Barbati Achieve Favorable Verdict for Five State Corrections Officers Sued for Civil Rights Violations
By Frank Crivelli on Posted in Public Employee DisciplineFollowing a two week trial presided by the Honorable Anne E. Thompson, USDJ, in the United States District Court, District of New Jersey, a jury of ten men and women unanimously returned a verdict of “No Cause of Liability” against three State Corrections Officers, a State Corrections Sergeant and a State Corrections Lieutenant. In the suit… Continue Reading
New Jersey Does Not Need the Republicans Legislating the 2% Salary Cap Out of Fear of November’s Impending Gubernatorial Election Results
By Frank Crivelli on Posted in UncategorizedOver the past several days, the minority leaders of the New Jersey State Legislature have become increasingly vocal in their demands to renew what is commonly called the Interest Arbitration Salary Cap. The Interest Arbitration Salary Cap limits Interest Arbitrator’s economic awards that govern pay raises for first responders in the State of New Jersey.… Continue Reading
New Jersey State Employees to Receive Back Pay For Time Away From Work Due To Government Shutdown
By Frank Crivelli on Posted in Public Employment Labor LawAs reported by NJ 101.5, Governor Chris Christie has signed the bill granting back pay to state workers to cover the wages lost during the three-day partial government shutdown at the start of July. An estimated 30,000 to 35,000 workers were furloughed. Most of them were off the job for one day, as the first… Continue Reading
New Jersey State Senate to Vote on Supplemental Appropriations Bill to Pay Public Employees That Were Involuntarily Furloughed
By Frank Crivelli on Posted in UncategorizedOn Thursday, July 13, 2017, The New Jersey State Senate will vote on a supplemental appropriations bill to pay workers who were unable to work during the State governmental shutdown that was imposed over the last July 4th weekend. This bill would amend the 2018 budget appropriations bill to ensure that those workers that were involuntarily furloughed be paid for… Continue Reading
State Correction Officers Win Fight Over Sick Leave Pay as Christie Signs New Bill into Law
By Michael DeRose on Posted in Public Employment Labor Law, Sick Leave Injury BenefitsAs reported by Trentonian.com, following the publicity of numerous corrections officers beaten at work, Gov. Chris Christie has agreed to provide sick leave pay to prison workers assaulted by inmates. Christie signed a bill into law on Monday that will make corrections, juvenile, parole and probation officers whole — albeit on a limited basis —… Continue Reading
Sweeney Introduces Bill Seeking to Wrest Control of PFRS Away from State Treasury
By Michael DeRose on Posted in Public Employment Pension CrisisAs reported by N.J.com, furious after watching pension investment fees triple over the last three years even as their funds lost value, police and firefighter union leaders are seeking to wrest control of their underfunded pensions from the state. As Gov. Chris Christie is set to deliver his final budget address, state Senate President Sweeney (D-Gloucester) on… Continue Reading
Bill Limiting Solitary Confinement in New Jersey State Prisons is Another Bad Idea
By Frank Crivelli on Posted in UncategorizedAs reported in NJ.Com, a bill strictly limiting the use of solitary confinement in New Jersey’s prisons is headed to Governor Chris Christie’s desk after being passed by the State Assembly. The bill requires prisons and jails to use solitary confinement only as a last resort, restricting its use to 15 consecutive days or 20 days… Continue Reading
Correction Officer Hit In Face With Feces Gets New Pension Appeal Hearing
By Donald Barbati on Posted in Disability RetirementAs reported by NJ.com, a State Correction Officer will get another chance to prove he deserves a higher pension due to a fight with an inmate who threw a tray of feces into his face, the Appellate Division ruled. George Garrett will get a new pension board hearing because an administrative law judge did not… Continue Reading
Correction Officers Union Wants Inmates Moved After Attack, Protest
By Donald Barbati on Posted in Sick Leave Injury BenefitsAs report by NJ.com, officials from the State’s Corrections Officer’s union say prison administrators reneged on an agreement to relocate inmates who staged a protest following the return of an officer injured in an attack earlier this month. The turmoil comes after an August 3 incident in which six correction officers were injured, said Brian… Continue Reading
The US Supreme Court agrees that Paterson Police Officer’s Demotion Violated his First Amendment Right to Free Speech
By Frank Crivelli on Posted in Public Employee Discipline, Public Employment Labor LawThe U.S. Supreme Court sided with former Paterson police officer Jeffrey J. Heffernan and ruled that his First Amendment rights were violated when he was demoted after picking up a campaign sign for the mayor’s opponent. Heffernan had been demoted after supporters of Mayor Jose “Joey” Torres saw him picking up a campaign sign for challenger Lawrence Spagnola,… Continue Reading
Crivelli & Barbati, L.L.C. Files Suit Against the State of NJ for Christie’s Refusal To Pay Step Increments
By Frank Crivelli on Posted in Contract Negotiations, Public Employment Labor LawAs reported in NJ.Com as well as NJSpotlight, the State of New Jersey recently told thousands of union members whose contracts expired June 30, 2015, that they won’t be receiving annual incremental pay increases while there’s no new deal in place. In the past, State employees have received their annual increases if their performance merited the… Continue Reading
NJ League of Municipalities Warns that Christie’s Proposed Pension Reform Could Disenfranchise Workers and Trigger a Mass Exodus of Local Employees
By Frank Crivelli on Posted in Contract Interpretation, Contract Negotiations, Interest Arbitration, Public Employment Labor Law, Retiree BenefitsAs reported in NJ.Com, the New Jersey League of Municipalities stopped short of taking an official position on Gov. Chris Christie’s proposed pension reforms but stated the proposed changes could disenfranchise workers and trigger a mass exodus of local workers. Executive Director Bill Dressel shared the league’s concerns in a letter to the governor late last… Continue Reading
The Unforseen Costs of Overtime in New Jersey’s County Correctional Facilities
By Frank Crivelli on Posted in Contract Negotiations, Interest Arbitration, Pay and Overtime, Public Employment Labor LawAs reported this week in NJ.Com, County Correctional facilities across New Jersey spent approximately $185.7 million on overtime for correction officers, who clocked in approximately 3.9 million hours at the time and a half rate between 2010 and 2012, according to a report by the New Jersey State Comptroller. Out of the 21 counties ranked by… Continue Reading
NJ Inmate Indicted for Attempting To Beat Female Corrections Officer To Death
By Frank Crivelli on Posted in UncategorizedAs reported on NJ.Com, a man serving a 30-year prison sentence for robbery and kidnapping now faces accusations he tried to beat a female corrections officer to death in February. Fuquan Alexander, 29, was indicted last week by a Mercer County grand jury on charges of first-degree attempted murder and first-degree aggravated assault. … Continue Reading
Booker Calls To End Private Prisons; Draws Ire Of DiVincenzo
By Donald Barbati on Posted in UncategorizedAs reported by nj.com, Newark Mayor Cory Booker’s call to end private prisons has drawn the ire of one of his staunchest and most powerful political allies: Essex County Executive Joe DiVincenzo. In a far reaching proposal to reform America’s prison system, Booker had harsh words for the privately owned prison industry saying it created a… Continue Reading
Lawmaker Suggests Police Internal Affairs Functions Be Transferred To AG’s Office
By Donald Barbati on Posted in Internal AffairsAs reported by nj.com, the internal affairs functions of every law enforcement agency in New Jersey would be transferred to the Attorney General’s Office under a bill proposed by an assemblyman, who contends politics and bias too often creep into investigations when police departments police themselves. Assemblyman Peter Barnes III (D-Middlesex), the son of… Continue Reading
Juveniles Entitled To Hearing Before Being Moved To State Prison
By Donald Barbati on Posted in UncategorizedAs reported by nj.com, unruly juveniles housed at any of the state’s facilities for young offenders are entitled to a hearing before they are transferred to a state prison, a state appeals court panel ruled yesterday. Teens under the jurisdiction of the state Juvenile Justice Commission need more than same-day notice of the transfer, the… Continue Reading
NJ Attorney General Blocks Public Knowledge Of State Police Overtime Pay
By Donald Barbati on Posted in UncategorizedAs reported by nj.com, in what some advocates of open government call an unprecedented overreach, Attorney General Paula Dow has blocked the public from knowing how much overtime State Police troopers and other state law enforcement officials earn. Dow’s rule, which took effect this month, is part of a larger effort by the Attorney General… Continue Reading
Former NJDOC Official Pleads Not Guilty to Bribery, Attempted Extortion Charges
By Donald Barbati on Posted in UncategorizedAs reported by nj.com, former Department of Corrections’ official Lydell Sherrer pleaded not guilty to charges of bribery and attempted extortion today in federal court. Sherrer is accused of taking bribes from corrections employees he supervised while serving as assistant commissioner. Federal authorities said he offered jobs, transfers and help with a lawsuit against the… Continue Reading
Report: NJDOC Too Lenient On Privately Run Halfway Houses
By Donald Barbati on Posted in UncategorizedAs reported by nj.com, New Jersey pumps nearly $65 million a year into a network of privately run halfway houses, but the system is rife with problems, according to a state comptroller report released yesterday. Even when contracts are violated, the state has failed to crack down on security lapses, the report said. Worst of all,… Continue Reading
Denial of Accidental Disability for Mental Injury Sustained
By Donald Barbati on Posted in Disability RetirementOn January 21, 2010, the Appellate Division decided In the Matter of Rosemarie Tatusko, Docket No.: A-2888-08T3. The case involved an appeal from a final decision of the Board of Trustees of the Police and Firemen’s Retirement System which denied Rosemarie Tatusko’s (“Appellant”) application for an accidental disability pension. Appellant was employed by the… Continue Reading
.
.