Month: July 2016

Proposed Bill Removes Police-Related Death Investigations from Local Oversight

Proposed Bill Removes Police-Related Death Investigations from Local Oversight

New Jersey lawmakers recently proposed legislation that would require the Office of the Attorney General (OAG) to handle the investigation and prosecution of crimes involving a person’s death by law enforcement officers acting in their official capacity, or while in custody. The bill would also require all trials to be

NJ Appeals Court Rules Police Dash Cam Videos Subject to OPRA

NJ Appeals Court Rules Police Dash Cam Videos Subject to OPRA

A divided New Jersey appeals court recently held that the public has the right to access recordings from the mobile video recorders (MVRs) in police vehicles under the Open Public Records Act (OPRA). However, it is likely that the Supreme Court of New Jersey will have the final word on

Newark Enacts Environmental Justice & Cumulative Impacts Ordinance

Newark Enacts Environmental Justice & Cumulative Impacts Ordinance

The City of Newark recently enacted an Environmental Justice and Cumulative Impacts Ordinance. Under the landmark ordinance, developers will be required to provide certain sustainability information to the Board of Adjustment and Central Planning Board as part of an application for land use approvals.  The City maintains that the ordinance

NJ Appeals Court Rules Affordable Housing Obligation Does Not Include “Gap” Period

NJ Appeals Court Rules Affordable Housing Obligation Does Not Include “Gap” Period

In a win for municipalities, the Appellate Division of the New Jersey Superior Court held that municipal affordable housing obligations do not include a “separate and discrete” gap-period obligation. In reaching its decision, the appeals court cited the core principles of the Mount Laurel doctrine and the plain language of

Local Finance Notice Addresses Municipal Levy Cap Referendum Procedures

NJ Appeals Court Upholds 21-Day Voter Registration Deadline

New Jersey citizens planning to vote for the next President will need to make sure that they are registered three weeks prior to the election. In Rutgers University Student Association v. Middlesex County Board of Elections, the Appellate Division rejected a legal challenge to the state’s 21-day pre-election registration requirement. 

FAA Drone Rules Do Not Preempt Local Regulation

FAA Drone Rules Do Not Preempt Local Regulation

The Federal Aviation Administration recently finalized its rules governing non-hobbyist unmanned aviation systems (UAS), commonly known as drones. The new rules cover a broad spectrum of commercial uses for drones weighing less than 55 pounds and, of particular interest to New Jersey municipalities, do not include a federal preemption provision.

NJ Appeals Court Disability Retirees Exempted from Health Insurance Premium Contributions

NJ Appeals Court Disability Retirees Exempted from Health Insurance Premium Contributions

In Brick Township PBA Local 230 v. Township of Brick, the Appellate Division of the New Jersey Superior Court held that that N.J.S.A. 40A:10-21.1, L. 2011, c. 78, § 42 (“Chapter 78”) does not require ordinary or accidental disability retirees to make premium payments for health insurance benefits. In reaching

NJ Supreme Court Upholds COLA Suspension for Public Employees

The Supreme Court of New Jersey recently upheld the cost of living adjustments (COLA) freeze implemented by the Christie Administration under a 2011 pension reform law. In reaching its decision in Richard W. Berg v. Hon. Christopher J. Christie, the state’s highest court rejected arguments that the COLA adjustments were just