As reported in the Trentonian on January 8, 2010, the United States Department of Justice filed a lawsuit against the State of New Jersey alleging that New Jersey’s widespread use of a written exam to promote police sergeants discriminates against blacks and Hispanics. The lawsuit, filed in federal court in Newark, accuses New
Public Employment Labor Law
Possible Move of Juvenile Inmates to Adult Prisons
By Donald C. Barbati on
Posted in Public Employment Labor Law
According to an article published in the Trentonian on October 1, 2009, plans are in the works to put New Jersey’s most troublesome juvenile inmates in the custody of the adult prison system. This move, in turn, could potentially take the Juvenile Justice Commission (“JJC”) out of the incarceration business. In connection with this move, sources …
Four New Jersey Police Officers Shot
By Donald C. Barbati on
Posted in Public Employment Labor Law
Illustrating the potential dangers New Jersey Public Safety Officers encounter on a daily basis, gunfire erupted as a police tactical squad executed a no-knock search warrant in Lakewood on September 23, 2009, leaving four officers and a suspect shot. The incident was reported by the Associated Press in an article on September 24, 2009. …
Federal Monitoring of New Jersey State Police Ends
By Donald C. Barbati on
Posted in Public Employment Labor Law
As reported in the Trentonian on September 22, 2009, federal oversight of the New Jersey State Police has come to an end. U.S. District Court Judge Mary L. Cooper has ended federal monitoring of the New Jersey State Police more than 10 years after the shooting of unarmed minority men during a highway traffic stop …
Illicit Cell Phone Crackdown, New Measures Unveiled
By Donald C. Barbati on
Posted in Public Employment Labor Law
A previous entry to this blog focused upon the presence of illicit cell phones in prisons. In the entry, it was explained how illicit cell phones remain a major problem inside New Jersey’s prisons, as inmates use the devices to secretly communicate with each other, intimidate witnesses and direct drug deals and other illegal …
Judge Dismisses Lawsuit Filed by NJ Troopers Who Want to Practice Law
By Donald C. Barbati on
Posted in Public Employment Labor Law
U.S District Court Judge Frieda L. Wolfson dismissed a lawsuit by a group of New Jersey State Troopers seeking to overturn the ban on allowing them to practice law while being employed by the State Police. The decision was filed on July 9, 2009.
“If the troopers were to prevail on this argument, state …
U.S. Supreme Court Rules for White Firefighters Over Promotions
By Donald C. Barbati on
Posted in Public Employment Labor Law
On June 29, 2009, the U.S. Supreme Court ruled that white firefighters in New Haven, Connecticut were unfairly denied promotions because of their race, reversing a decision that high court nominee Sonia Sotomayor endorsed as an appeals court judge.
New Haven was wrong to scrap a promotion exam because no African-Americans and only two …
Appeal of Removal for Failure to Complete PTC Course Dismissed
By Donald C. Barbati on
Posted in Public Employment Labor Law
On June 8, 2009, 2009, the Appellate Division decided In the Matter of Tanya Johnson, Docket No.: A-0482-07T2. In the case, Tanya Johnson appealed from a final decision of the Merit System Board (“Board”) terminating her employment as a parole officer recruit.
In her position as a recruit, Johnson was required to …
Court Suppresses Evidence Obtained in Vehicular Search
By Donald C. Barbati on
Posted in Public Employment Labor Law
On May 19, 2009, the Appellate Division decided State of New Jersey v. Yusef Gethers, Docket No.: A-5323-06T4. By way of background, on March 24, 2005, a Union County grand jury returned an indictment charging Defendant, Yusef Gethers, with second-degree certain persons not to possess a weapon, N.J.S.A. 2C:39-7(b)(1). On the same…
PERC Denies Applications for Interim Relief Regarding Furloughs
By Donald C. Barbati on
Posted in Public Employment Labor Law
On May 16, 2009, the Public Employment Relations Commission (“PERC”) issued a decision in response to certain unfair practice charges and requests for interim relief filed against the State of New Jersey regarding the imposition of unpaid, “furlough” days.
By way of background, on April 14, 2009, the Communications Workers of America, AFL-CIO (“CWA”)…