U.S. Supreme Court Wrap Up: Public Law Decisions from 2016 Term

The U.S. Supreme Court’s October 2016 Term will be most remembered for the vacancy created by the death of Justice Antonin Scalia. While the Court was shorthanded, it did reach decisions in several cases impacting local governments. This post offers a brief review of several key public law decisions: Heffernan

NJ Appeals Court Rules Police Dash Cam Videos Subject to OPRA

A divided New Jersey appeals court recently held that the public has the right to access recordings from the mobile video recorders (MVRs) in police vehicles under the Open Public Records Act (OPRA). However, it is likely that the Supreme Court of New Jersey will have the final word on

NJ Appeals Court Rules Affordable Housing Obligation Does Not Include “Gap” Period

In a win for municipalities, the Appellate Division of the New Jersey Superior Court held that municipal affordable housing obligations do not include a “separate and discrete” gap-period obligation. In reaching its decision, the appeals court cited the core principles of the Mount Laurel doctrine and the plain language of

NJ Supreme Court Upholds COLA Suspension for Public Employees

The Supreme Court of New Jersey recently upheld the cost of living adjustments (COLA) freeze implemented by the Christie Administration under a 2011 pension reform law. In reaching its decision in Richard W. Berg v. Hon. Christopher J. Christie, the state’s highest court rejected arguments that the COLA adjustments were just

NJ Appeals Court Addresses Employer-Employee Relations Act

The Appellate Division of the New Jersey Superior Court recently addressed when public employers can be held liable under the New Jersey Employer-Employee Relations Act, which prohibits the discharge of employees for union activity. In its decision, the court confirmed broad remedial authority of the Public Employment Relations Commission (PERC)

NJ Supreme Court to Address OPRA’s Applicability to Security Camera Footage

The Supreme Court of New Jersey has agreed to consider how to apply the state’s Open Public Records Act (OPRA) to security camera footage. The case, Patricia Gilleran v. Township of Bloomfield, specifically involves whether a municipality must publicly disclose security video footage captured by a stationary camera in a

Upcoming U.S. Supreme Court Cases Could Impact NJ Municipalities

The U.S. Supreme Court’s new term began earlier this month. The Justices have already agreed to consider several cases that could impact New Jersey municipalities. This post offers a brief preview.  Public Unions: In Friedrichs v. California Teachers Association, the Supreme Court will reconsider its long-standing precedent in Abood v.

NJ Supreme Court Sends Critics of Camden’s Police Regionalization Back to the Drawing Board

Last month, the Supreme Court of New Jersey held in Redd v. Bowman that challengers to the City of Camden’s decision to regionalize its police force proposed a valid ordinance to maintain the existing police structure. However, the state’s highest court ultimately concluded that the related referendum petition could not