Year: 2017

U.S. Supreme Court to Consider Constitutionality of Public Union Fees

The Justices of the United States Supreme Court are hoping that the third time is the charm when it comes to the constitutionality of public union fees. The Court recently added Janus v. American Federation of State, County, and Municipal Employees, Council 31 to its docket for the October 2017

NJ Appeals Court Clarifies ELEC Authority to Issue Complaint

In New Jersey Election Law Enforcement Commission v. DiVincenzo, the Appellate Division held that the Election Law Enforcement Commission (also known as “ELEC” or the “Commission”) still had jurisdiction to issue a complaint even though only two members voted due to vacancies.  According to the appeals court, the common-law quorum

Texas Court Strikes Down DOL Overtime Rule

New Jersey municipalities will not have to comply with the Department of Labor’s (DOL) revised overtime rule, which was enacted under the Obama Administration in 2016. A Texas judge recently held that the DOL exceeded its authority under the Fair Labor Standards Act (FLSA), effectively ending the long-standing legal battle

NCSL Passes Resolution for Marijuana to Be Removed from Controlled Substances Act

While many states have decriminalized cannabis, it remains a Schedule I drug under the federal Controlled Substances Act (CSA). This classification is reserved for drugs with “high potential for abuse, no accepted medical use, and no accepted safety for use in medically supervised treatment.” Other Schedule I drugs include heroin, LSD,

Local Finance Notice Addresses Construction Code Fees

The Division of Local Government Services and the Division of Codes and Standards recently issued a Local Finance Notice (Notice) reminding municipalities about the construction code fee limitations established under state law and how construction code enforcement offices must budget and account for such fees. They issued the Notice after

NJ Appeals Court Upholds Automatic Approval of Site Plan Application

In Shipyard Associates v. Hoboken Planning Board, the Appellate Division held that a developer was entitled to automatic approval of a controversial plan to build two high-rise buildings on the Hoboken waterfront because the Hoboken Planning Board (Board) refused to hold a hearing on the application while related litigation was

Jersey City Testing Cellphone-Based Police Body Cameras

Jersey City is the first local government to rely on cellphones to record law enforcements’ interaction with the public. The city’s new police body camera program will rely on a mobile application known as CopCast. Increased Adoption of Police Body Cameras In 2014, New Jersey enacted a law requiring that