Month: March 2017

SCOTUS Rules Agency Shop Fees Are Unconstitutional

U.S. Supreme Court Expands NJ Public Schools’ Special Education Obligations

In Endrew F. v. Douglas County School District, the U.S. Supreme Court unanimously held that public schools are responsible for providing students with disabilities education programs that are “more than de minimis.” The Court’s decision significantly expands the obligations of New Jersey public schools under the Individuals with Disabilities Education

Proposed NJ Bill Bans Third Party Tax Appeals

Proposed NJ Bill Bans Third Party Tax Appeals

New Jersey lawmakers are currently considering legislation that would prohibit third parties from filing property tax appeals with respect to the property of others. Bills have been introduced in both the Senate and the Assembly. Under current law, property taxpayers may challenge the assessment or exempt status of their own

NJ Appeals Court Addresses Standing to Challenge Site Plan Approval

NJ Appeals Court Addresses Standing to Challenge Site Plan Approval

In a recent decision, the Appellate Division clarified when parties have standing to challenge a site plan approval. The appeals court ultimately concluded that the challengers lacked standing because they lacked an ownership interest or other financial interest in the neighboring property, which formed the basis of their claim of standing.

Bill Transfers Transfer Management of PFRS to Board of Trustees 

Bill Transfers Transfer Management of PFRS to Board of Trustees 

New Jersey lawmakers are currently considering legislation that would transfer the management of the Police and Fire Retirement System (PFRS) to a Board of Trustees. Under Senate Bill 3040, the Board of Trustees of the Police and Firemen’s Retirement System would be tasked with overseeing the operation of the retirement

NJ Supreme Court Overturns Arbitration Award in Teacher Misconduct Case

In Bound Brook Board of Education v. Glenn Ciripompa, the Supreme Court of New Jersey held that an arbitrator exceeded his authority by applying the standard for proving a hostile-work-environment, sexual-harassment claim under the Law Against Discrimination (LAD) to a claim of unbecoming conduct in a tenured teacher misconduct hearing.  Facts

NJ Appeals Court Rules OPRA Requests Subject to OPRA

NJ Appeals Court Rules OPRA Requests Subject to OPRA

In Scheeler v. Office of the Governor, the Appellate Division held that third-party requests for documents under the Open Public Records Act (OPRA) are subject to disclosure under OPRA. In so ruling, the appeals court rejected the argument that such OPRA requests lack the required specificity and would constitute an

Local Finance Notice Addresses Municipal Levy Cap Referendum Procedures

Local Finance Notice Addresses Municipal Levy Cap Referendum Procedures

The Division of Local Government Services (DLGS) recently published a Local Finance Notice regarding municipal levy cap referendums. The notice outlines key dates for 2017 levy elections and discusses an important policy change regarding the healthcare levy cap exclusion. Levy Cap Referendum Deadlines The Local Finance Notice highlights several important