Category: Public Employment Law

When Are NJ Police Officers Entitled to Attorney’s Fees After Dismissal of Disciplinary Charges?

When Are NJ Police Officers Entitled to Attorney’s Fees After Dismissal of Disciplinary Charges?

A New Jersey appeals court recently addressed when police officers are entitled to reimbursement of attorney’s fees and costs pursuant to N.J.S.A. 40A:14-155. Under the statute, attorneys’ fees are awarded to a police officer who obtains a dismissal of disciplinary charges filed against him, provided that the disciplinary charges “aris[e]

NJ Appeals Court Sides with Morris County in Condemnation Action

NJ Appeals Court: Refusal to Implement Final PFRS Board of Trustees Determination Is Ultra Vires

A New Jersey appeals court recently decided a case involving nine appeals filed by five municipalities and four police and firefighter unions. While traditionally on opposite sides of labor disputes, the plaintiffs all challenged the Acting Director of the Division of Pensions and Benefits’ decision to refuse to implement the

NJ Municipal Employment Law Alert: New Criminal Records Rules Now in Effect

New Jersey municipalities should be aware that the state’s “ban the box” law went into effect on March 1, 2015. The New Jersey Opportunity to Compete Act prohibits employers from inquiring into an applicant’s criminal history during the initial employment application process. It also precludes employers from publishing job advertisements

Local Finance Notice Addresses Municipal Levy Cap Referendum Procedures

Actual Exercise of First Amendment Rights Required for Section 1983 Retaliation Claim

The Third Circuit Court of Appeals recently considered whether a public employee could be disciplined for his perceived exercise of First Amendment rights. In Heffernan v. City of Paterson, the appeals court held that the individual must provide some evidence that he or she actually exercised those constitutional rights in

NJ Appeals Court Addresses Loss of Pre-existing Nonconforming Structures

NJ Appeals Court Rules Commencement of Agency Appeal Does Not Estop Civil Retaliation Suit

In a recent decision, the Appellate Division of the New Jersey Superior Court declined the Borough’s request to set a bright-line rule that completion of discovery or the commencement of a disciplinary appeal precluded a related retaliation suit. Instead, the court held that the imposition of estoppel involves a “fact-sensitive

New Law Authorizes NJ Counties to Change Tax Assessment Calendar

Year in Review: Public Employment Developments for 2015

As 2015 comes to a close, we will be taking a look back at the major public law issues that impacted New Jersey municipalities and other public entities. Particularly in the area of employment law, where this year saw a number of legal developments, including new laws and precedential court

NJ Appeals Court Sides with Morris County in Condemnation Action

NJ Appeals Court Approves Civil Service Rule Change

The Appellate Division recently upheld the Civil Service Commission’s (CSC) decision to repeal N.J.A.C. 4A:4-4.8(b)(4), which had required appointing authorities to provide a “statement of the reasons why the appointee was selected instead of a higher ranked eligible [candidate].” The Legal Background Pursuant to the New Jersey Constitution, Civil Service