Legislation Authorizing Electronic Public Notices Advances

by Jason T. Mushnick on January 3, 2017

Publishing public notices in local newspapers is both costly and time consuming for New Jersey municipalities.  In response, lawmakers are currently considering the “Electronic Publication of Legal Notices Act.” Under the proposed legislation (S-2855 and A-4429), government agencies would be authorized to publish legal notices on official government notice websites instead of in newspapers in […]

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Federal Judge Halts DOL Overtime Rules

by Ramon E. Rivera on December 30, 2016

NJ Supreme Court Issues Affordable Housing “Gap” Ruling

A federal judge is Texas recently granted a preliminary injunction in a lawsuit challenging the Department of Labor’s (DOL) new overtime rules. The overtime rule decision applies nationwide. For now, New Jersey municipalities should continue to use the old salary thresholds for determining when employees must be paid overtime wages.  DOL’s New Overtime Rule As […]

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NJ Supreme Court to Consider Disclosure of Police Dash Cam Videos

The Supreme Court of New Jersey recently agreed to add another key case involving the state’s Open Public Records Act (OPRA) to its docket. Paff v. Ocean County Prosecutor’s Office revolves around the disclosure of police video recordings, which has become a high-profile issue in the wake of several controversial police-involved shootings. Facts of the Case […]

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Public Employment Wrap Up for 2016

by Christina M. Abreu on December 23, 2016

Public Employment Wrap Up for 2016

As we approach the New Year, we will be reviewing the major public law issues that impacted public entities in New Jersey. In the area of public employment law, 2016 saw a number of legal developments, including new laws and precedential court decisions. DOL Overtime Law: A federal judge is Texas recently granted a preliminary […]

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DLGS Highlights Newly Enacted NJ Procurement Laws

by Sheri Siegelbaum on December 20, 2016

DLGS Highlights Newly Enacted NJ Procurement Laws

The New Jersey Department of Community Affair’s Division of Local Government Services (DLGS) recently published a Local Finance Notice regarding several new laws that impact local government and/or school procurement. Covered topics include bidder ownership disclosure, competitive contracting, contracts for asphalt work, claimant certification for utility bills, federal military equipment surplus (1033 program), and cooperative […]

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NJ Law Creates New Class of Officers to Provide School Security

Gov. Chris Christie recently signed legislation into law that establishes a new category of special law enforcement officers. The Class Three special law enforcement (SLEO III) officers will be authorized to provide security in New Jersey’s public and nonpublic schools and county colleges. Previously, boards of education were authorized to hire law enforcement officers and safe […]

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NJ Supreme Court Narrows Keyport Decision

by John G. Geppert, Jr. on December 14, 2016

NJ Supreme Court Narrows Keyport Decision

In IMO Robbinsville Twp BOE v. Washington Twp Educ. Assoc., the Supreme Court of New Jersey significantly narrowed its 2015 decision in IMO Borough of Keyport. In so ruling, the court reversed what it saw as an improper expansion of its ruling to authorize a school board to unilaterally impose unpaid furlough days. Keyport Decision […]

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NJ Bill Requires Annual List of Unfunded Mandates

by David L. Blank on December 9, 2016

Proposed Bill Applies Local Bid Threshold to Pay to Play and Prevailing Wage Laws

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

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

Proposed NJ Bill Bans Third Party Tax Appeals

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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