New Jersey law enforcement attorneys Tag Archives

Published on: November 9, 2021

Appellate Division Examines Process for Non-Civil Service New Jersey Police Officers to Challenge Discipline, But Reminds Us the Burden of Proof is on the Officer

Government employees receive significant due process rights to challenge employer discipline which private sector employees and employees in non-civil service jurisdictions do not enjoy. However, because New Jersey employment law recognizes the great responsibility placed on law enforcement officers, the Legislature has enacted robust procedures for police officers not covered by civil service to appeal discipline to the Superior Court. Nonetheless, in the case of Miller vs. Borough of Berlin Police, the Appellate Division reminds us that the burden of proof remains on the officer and evidence is king.

Background

Jason Miller was a police officer with the Borough of Berlin Police Department, a non-civil service jurisdiction. He was dispatched to a banquet hall because of a report of the theft of a purse. Surveillance video showed an employee taking the purse, the manager gave Officer Miller the employee’s name and address, and Miller took a victim statement. Miller told the victim that the employee was clearly identifiable and would be charged with a crime (as the victim told him she wished), and that the case was a “slam dunk.” However, Miller did not follow up or press charges, and stated in the incident report that the victim did not wish to pursue criminal charges. Several days later the victim called the Department to follow up. Another officer took the call, and eventually other officers arrested the employee, who confessed.

Published on: November 10, 2020

Appellate Division Rules that Special Disciplinary Arbitration by the New Jersey Public Employee Relations Commission is not Available to Police Officers Employed by New Jersey Public Colleges

by Maurice W. McLaughlin

A while ago I wrote a blog detailing the disciplinary process and appeal rights of non-civil service police officers under New Jersey employment law. The Appellate Division of the Superior Court of New Jersey recently issued an opinion clarifying who is and isn’t a law enforcement officer entitled to these rights. police-hoboken-train-station

New Jersey Civil Service confers extensive due process rights on public employees before a government employer may impose discipline, including appeal of discipline to the New Jersey Civil Service Commission. However, non-civil service employees, including police officers, do not have those protections, however.

Therefore, to increase the protections and legal rights for non-civil service police officers, the Legislature adopted several laws, the first of which provides:

Published on: September 17, 2020

New Jersey Employment Law Decision Examines Procedures for Appealing Discipline of State Troopers

by Maurice W. McLaughlin

A recent New Jersey employment law decision in the case of Matter of Shyner examined the procedures available to New Jersey State Troopers to appeal employer imposed discipline, and the standards which appellate courts will utilize to review disciplinary decisions by the Superintendent of New Jersey State Police.

The Shyner Case.

Dawn Shyner was a lieutenant in the New Jersey State Police. In 2014 she called 911 because of an altercation with her estranged husband; local police responded. No charges were filed, nor was a domestic violence restraining order sought. In accordance with New Jersey State Police protocols, she notified her supervisor and surrendered her weapon. During that meeting her supervisor told her that he did not believe the incident would result in a domestic violence investigation, although undoubtedly an ordinary internal affairs investigation would ensue.