Author: Donald Scarinci

Same-Sex Couples in New Jersey Need Answers from Legislature

New Jersey has created a legal ambiguity for same-sex couples who have entered into a legal civil union and also gotten married. For example, if the couple decides to end the relationship, do they have to get a dissolution of the civil union and a divorce? The current New Jersey

Aggregate Campaign Contribution Limits Violate First Amendment

The recent opinion of the U.S. Supreme Court in McCutcheon v. Federal Election Committee has struck a blow to the regulation of money in elections. The Court struck down the federal limits on the total amounts individual donors may contribute to candidates and political committees. The Court reasoned that donating

Should OPRA Be Amended to Include State Legislators?

Momentum is growing among New Jersey municipalities to expand the New Jersey Open Public Records Act (OPRA) to include state lawmakers. The basic argument is “if us, why not them?” Under the current law, OPRA’s disclosure requirements apply to “public agencies,” which are defined as: The executive branch of state

High-Profile OPRA Case Results in $542,000 in Legal Fees for NJ City

High-Profile OPRA Case Results in $542,000 in Legal Fees for NJ City

Gannet Co.’s lawsuit against borough of Raritan is one of the longest-running suits under New Jersey’s Open Public Record Act (OPRA). In the latest development, a special master appointed by the court has awarded the newspaper company $542,000 in legal fees. The case, which dates back to 2009, involves Raritan’s

New Jersey lawyer

New Jersey Rescue Squad Immunity Bill Advancing

Legislation that would overrule a recent court ruling regarding the liability of New Jersey municipalities when it comes to their emergency response operations is advancing through both the state Senate and Assembly. As we have previously discussed on this New Jersey Government & Law Blog, the New Jersey Supreme Court

Will New Jersey Municipalities Soon Be Required to Provide User-Friendly Budgets?

The New Jersey Division of Local Services recently released new rules to implement a 2007 law (N.J.S.A. 40A:5-48) that requires municipalities to provide user-friendly budgets to the public. The aim of the law was to provide local elected officials and members of the public with easy-to-understand budget information to help

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