NJ Bill Requires Annual List of Unfunded Mandates

by David L. Blank on December 9, 2016

NJ Bill Requires Annual Compilation of Unfunded Mandates

Legislation is advancing in the New Jersey Assembly that would require the compilation of a list of all unfunded mandates on municipalities and counties.  Assembly Bill No. 1034 would require the Commissioner of Community Affairs to compile a list of all ongoing mandates required by the state and federal government on municipalities and counties for […]

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NJ Supreme Court Holds Security Footage Not Subject to OPRA

by Laura M. Miller on December 7, 2016

camera

In Gilleran v. Township of Bloomfield, the Supreme Court of New Jersey held that security footage from a camera located outside a town hall was not subject to disclosure under the Open Public Records Act (OPRA). According to the state’s highest court, “Compelling release on demand of security surveillance video would be contrary to the legislative intent […]

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Tax Court Refuses to Dismiss Untimely Tax Appeal

by Jason T. Mushnick on December 2, 2016

Tax Court Refuses to Dismiss Untimely Tax Appeal Due to Notice of Assessment’s Inadequate Appeal Instructions

In 1959 Highway 34, LLC v. Township of Wall, the Tax Court of New Jersey refused to dismiss a tax appeal as untimely. The court held that while the plaintiff did miss the filing deadline pursuant to N.J.S.A. 54:3-21(a)(2), the complaint should not be dismissed because the Notice of Assessment failed to provide adequate instructions […]

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NJ Tax Court Clarifies Eligibility for Disabled Veteran Tax Exemption

In Galloway Township v. Duncan, the New Jersey Tax Court addressed when a veteran who suffers from a service-connected 100 percent permanent disability meets the legislatively imposed requirements for the personal residence tax exemption.  The Facts of the Case Defendant taxpayer, Lucienne Reed Duncan, M.D., sought personal residence tax exemption because of her disability. Dr. […]

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Bill Would Ban Punitive Damages Against NJ Public Entities

by Krystle Nova on November 22, 2016

Bill Would Ban Punitive Damages Against NJ Public Entities

A bill currently under consideration in the New Jersey Assembly would ban punitive damages against public entities. It would also eliminate awards of noneconomic damages against both public entities and public employees except in certain cases involving physical injury.  Specifically, Assembly Bill No. 4252 amends the New Jersey Tort Claims Act and the Punitive Damages […]

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AG’s New Directive Requires On-Going Police Training

by Angelo Auteri on November 20, 2016

Attorney General’s New Directive Requires On-Going Police Training

A new directive from the New Jersey Office of the Attorney General requires the state’s police officers to complete annual in-service training. The goal of the police training is to promote positive interactions between officers and the communities that they serve.  This summer, Gov. Chris Christie signed Assembly Bill No. 1663. It requires the Department […]

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NJ Appeals Court Overturns Ordinance Over Council Member’s Conflict of Interest

In Mollica v. Township of Bloomfield, the Appellate Division of the New Jersey Superior Court invalidated a township ordinance adopted to acquire land to build a public park. Citing the New Jersey Supreme Court’s decision in Grabowsky v. Township of Montclair, the Appellate Division held that a council member’s ownership of property immediately adjacent to […]

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NJ Bill Would Require School Board Members to Confirm Eligibility

by Michael A. Jimenez on November 8, 2016

NJ Bill Would Require School Board Members to Confirm Eligibility

A bill pending in the New Jersey Assembly would require school board candidates to affirm that they have not been convicted of crimes that would disqualify them from office when filing their nominating petitions. The legislation, Assembly Bill 4206, is currently pending before the Assembly Judiciary Committee.  Under N.J.S.18A:12-1, individuals are precluded from serving on […]

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Proposed DLGS Rule Defines “Managerial Executive Employees” Under Local Government Ethics Law

The Local Government Ethics Law requires “local government officers” to annually file financial disclosure statements. In addition to covering elected officials, the law also applies to anyone who is a managerial executive employee of a local government agency.  Last month, the Local Finance Board of the Division of Local Government Services (DLGS) proposed N.J.A.C. 5:35-2.1, […]

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Third Circuit Holds Media Not Entitled to Bridgegate Docs

by Roshan D. Shah on November 1, 2016

New Jersey Supreme Court Agrees to Consider Key OPRA Issue

In North Jersey Media Group Inc. v. United States, the Third Circuit Court of Appeals held that the media has no public right of access to a letter sealed by the court in the criminal prosecution of William Baroni and Bridget Anne Kelly, commonly referred to as the “Bridgegate” case.  The Facts of the Case […]

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