The “Bill Ricci World Trade Center Rescue, Recovery, and Cleanup Operations Act” was signed into law on July 8, 2019. The law permitted 9/11 first responders who are also public employees (members of the PFRS, SPRS, and some PERS) to apply for accidental disability retirement benefits if they were permanently disabled due to their involvement
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What Are the Take Aways From the New York Corrections Officers Strike?

A New York Corrections Officers strike has ended after a three week standoff between Correctional Officers and the State of New York. According to union leaders, the strike was not officially sanctioned by the union. Approximately 14,000 of the state’s 16,000 correctional officers at 40 of the state’s 42 prisons walked off the job at…
The Impact of a “Domestic Violence Restraining Order” on Your NJ Law Enforcement License

Police licensing has begun in earnest and one of the areas that will be targeted by the Police Training Commission are domestic violence matters. Allegations of domestic violence carry serious consequences in terms of licensing. N.J.A.C. § 13:1-10.1 provides that any person employed as a law enforcement officer, including a full-time permanent law enforcement officer;…
Reimbursement of Academy/Training Costs: A Mandatorily Negotiable Topic

One of the mechanisms that law enforcement officers and unions have at the negotiations table is the characterization of or “free agent” mentality. In simple terms, this refers to an individual officer’s ability to transfer or seek employment with another agency that is offering better wages, benefits, and employment conditions. When this occurs, however, employers…
OPRA: A Useful Tool in Contract Negotiations

In collective negotiations, union are always looking for ways to increase their leverage at the negotiating table. One of the ways to do so is to have access to all the relevant information you need, whether it be financial documentation, comparable contracts, relevant policies, or staffing information. However, obtaining this information can sometimes seem like…
The Importance of Negotiating the Terms of a Last Chance Agreement and How to Limit its Impact

Often in disciplinary actions the employer will propose, as part of a settlement to resolve administrative charges, that the employee sign a last chance agreement (“LCA”). An LCA is an agreement between an employer and an employee that is generally supposed to result in an employee’s immediate termination if they violate the terms of the…
Incorrect Retiree Healthcare Advice from the NJ Division of Pensions and Benefits Proves Costly

In James Meyers v. State Health Benefits Commission, (New Jersey Supreme Court Slip Opinion A-27-22) (087633) the New Jersey Supreme Court examined a New Jersey public employee’s right to “free” retiree health benefits under the legal doctrine of Equitable Estoppel. In this matter, James Meyers, was a New Jersey State Trooper that had since retired from…
Civil Service Psychological Appeals: Deadlines Matter

Many times, individuals apply for positions in law enforcement and are fortunate enough to be certified to the eligible list for the position. In simple terms, this means they have “made the list” in order to be considered for the position. After being certified, those persons are required to undergo a psychological evaluation to determine…
Court Rules Officer did not Commit Willful Misconduct when he Engaged in Pursuit

In a recently issued ruling by New Jersey’s Appellate Division, the Court upheld an earlier ruling by a superior court judge holding that an officer did not commit “willful misconduct” under New Jersey’s Tort Claims Act when he engaged in a pursuit of a vehicle after the driver pulled away from a traffic stop. The…
The Pitfalls of Post-Retirement Employment that Every Public Employee Must Heed
An Ounce of Prevention is Worth Far More than a Pound of Cure….
Most recently the new Jersey Superior Court, Appellate Division issued a decision in the matter of Behar v. Board of Trustees, Public Employees Retirement System, Docket Number A-0296-22, that discusses the very real pitfalls of post-retirement employment for public employees in…