Month: November 2012

New Jersey Appeals Court Finds Decision to Demolish Rests With Fire Chief

The Appellate Division recently considered whether a business owner was entitled to notice before the City of Bridgeton’s fire chief ordered its fire-damaged building to be demolished. The court found that the fire chief had the sole authority to direct operations at the fire scene and acted within his statutory

New Jersey Supreme Court to Consider OPRA Case

The New Jersey Supreme Court has agreed to consider an Open Public Records Act case involving the law’s interplay with the attorney work-product privilege and common interest rule. The question before the court is whether these doctrines exempt documents from disclosure under OPRA. In O’Boyle v. Borough of Longport, Plaintiff Martin

Financing Options for Municipalities Impacted by Hurricane Sandy

Municipalities across New Jersey continue to deal with the unprecedented clean up costs of Hurricane Sandy. To ease the burden, the New Jersey Department of Community Affairs, Division of Local Government Services, continues to provide updates on funding mechanisms that may assist in financing infrastructure repair costs related to the

New Jersey Appeals Court Finds Camden Furlough Plan Violated Rights of City municipal clerk

The Appellate Division recently ruled that the City of Camden’s furlough plan violated the rights of the city’s municipal clerk under N.J.S.A. 40A:9-165. The statute is designed to protect the salaries of certain municipal employees, including clerks, from economic discrimination and keep them free from political pressure. In the Matter

Tips for New Jersey Municipalities Managing Hurricane Sandy Charitable Contributions

In the wake of Hurricane Sandy, New Jersey has a lot of rebuilding to do. However, the storm has also brought people together. In fact, many New Jersey municipalities have been overwhelmed by charitable contributions intended for storm victims. To ensure funds are properly distributed, the New Jersey Department of

Relief for Municipalities Struggling to Pay for Hurricane Sandy Clean Up

Hurricane Sandy devastated New Jersey, leaving many municipalities with massive and costly cleanup efforts. To help ease the burden on local budgets, Governor Chris Christie has signed an executive order allowing municipalities to tap into snow removal funds. Under N.J.S.A. 40A:4-62.1, a local government may only use an established snow

Proposed Legislation Would Bring Port Authority Under OPRA

Legislative efforts are underway in New Jersey to amend the state’s Open Public Records Act to bring the Port Authority of New York and New Jersey under its purview. The legislation (S-2292 and A-3400) follows the Appellate Division’s decision in Dittrich v. Port Authority of New York and New Jersey,

New Jersey Court Upholds Salary Caps for Superintendents

In New Jersey Association of School Administrators v. Cerf, three New Jersey superintendents challenged the authority of the Department of Education to adopt and implement amended regulations capping superintendents’ salaries. However, the Appellate Division recently rejected these efforts, finding that the salary cap was a valid way to satisfy the