City Council Members Entitled To Absolute Legislative Immunity

The U.S. District Court for the Northern District of Illinois recently rendered an important decision for all municipal officials. In American Islamic Center v. City of Des Plaines, the court held that city council members accused of discriminating against an Islamic organization in its application to rezone property were entitled

City of Irvington Using Eminent Domain To Help Underwater Homeowners

Irvington, New Jersey, is plagued by residents with underwater mortgages, homes in foreclosure and residences left abandoned. In response, the Township Council has authorized the mayor and administration to use eminent domain to acquire properties with mortgage problems. Eminent domain is the procedure whereby governments are allowed to acquire property

“Breakfast After the Bell” Program May Be Expanding in New Jersey

New Jersey legislators are seeking to expand the “Breakfast After the Bell” program as evidence by a bill passed by the Assembly (A-679). The bill requires the state to monitor and record the percentage of eligible students participating in the meal program in each school district. The bill also requires

Federal Court Dismisses School Bullying Claim Against East Orange Board of Education

Bullying claims continue to pose challenges for boards of education throughout New Jersey. The United States District Court recently dismissed a suit against the East Orange Board of Education, which alleged various state and federal statutory, constitutional, and common law claims. The plaintiff in the case, a guardian ad litem

Latest EEOC Guidance on Religious Discrimination Addresses Public Employees

Many employment discrimination laws that apply to private employers also apply to New Jersey municipalities. Most notably, the definition of “employer” under Title VII of the Civil Rights Act of 1964 includes state and local governments. As municipalities should be aware, Title VII prohibits employers with at least 15 employees

Reminder to NJ Municipalities: Direct Deposit Law Takes Effect This Summer

While summer may seem eons away, New Jersey cities and towns should start to consider whether they plan to take advantage of a new law that allows municipalities to pay their employees using direct deposit. Under P.L. 2013, c.28, direct deposit will be required for all State employee compensation on

Deadlines Matter: NJ County Tax Board Wins Case Due to Untimeliness

A recent decision by the New Jersey Tax Court highlights that compliance with filing deadlines can dramatically impact the outcome of a case. In Mikhail v. Township of Howell, the court dismissed a resident’s complaint with the Monmouth County Board of Taxation for being one day late. The Facts of

Court Chastises NJ Municipality for Attempting to Circumvent OPRA

In a recent decision, the Superior Court of New Jersey held that the Borough of Cliffside Park violated the state’s Open Public Records Act (OPRA) by failing to provide copies of a settlement agreement executed between the municipality and its former chief of police. The cases, John Paff v. Borough