Search Rutgers Law Library N.J. Court Opinions

31 ROBERT SMITH v. CITY OF BRIDGETON -- rank: 669

... for just cause . . . and then only upon a written complaint.' N.J.S.A. 40A:14-147. A complaint 1 The City is a civil service municipality ... other procedure recognized by a contract, as permitted by law.' N.J.S.A. 40A:14-147. The corresponding regulation provides that '[a]n employee must be ... 2-2.3(a)(12). The charges were issued under N.J.S.A. 40A:14-147 based on plaintiff's arrest and having been charged with ...

docket:	a1453-16
court:	NJ Superior Court Appellate Division
decided:	2018-11-28
status:	Unpublished
citation:
Document Size:	21853

32 HATEM WAHBA v. FRANKLIN TOWNSHIP -- rank: 663

... applied the forty-five-day limitation of actions provision of N.J.S.A. 40A:14-147. Specifically, Wahba challenges the trial court's finding that the ... their challenges to the judge's interpretation and application of N.J.S.A. 40A:14-147's limitation of action provision. The forty-five-day rule of N.J.S.A. 40A:14-147 offers "a simple and uncomplicated procedural mechanism for the handling ... on the day after the disposition of the criminal investigation. [ N.J.S.A. 40A:14-147.] Accordingly, the 2008 charges must have been filed no later ... a]ny other result would change the accrual time of N.J.S.A. 40A:14-147 from the time of 'sufficient information' to the time 'when ...

docket:	a0720-11
court:	NJ Superior Court Appellate Division
decided:	2012-10-11
status:	unpublished
citation:
Document Size:	15544

33 JEFFREY C. GILBERT v. WARREN COUNTY PROSECUTOR RICHARD T. BURKE -- rank: 657

... order compelling compliance with the hearing procedures set forth in N.J.S.A. 40A:14-147 and 'nullifying . . . the discipline enunciated in the [Brady] letter[,]' as ... a hearing or judicial review of his disciplinary matters under N.J.S.A. 40A:14-147, and instead he waived such processes and chose to settle ... he is entitled to a hearing or judicial review under N.J.S.A. 40A:14-147, a statute that provides an avenue for police officers to ... review of his A-1198-19 11 disciplinary case under N.J.S.A. 40A:14-147. We disagree. The statute covers suspensions, removals, fines, and reductions ...

docket:	a1198-19
court:	NJ Superior Court Appellate Division
decided:	2021-04-30
status:	Unpublished
citation:
Document Size:	23980

34 WILLIE GOODMAN v. DEPARTMENT OF CORRECTIONS -- rank: 638

... suspended pending a hearing. Such a case is governed by N.J.S.A. 40A:14-147 was not held within the mandated thirty-day period, we ... did not intend by the time limits set forth in N.J.S.A. 40A:14-147 to create technical impediments to the resolution of serious charges ... within thirty days, the omission of a similar provision in N.J.S.A. 40A:14-147 reflected a legislative intent to withhold this severe consequence of ...

docket:	A2123-02
court:	NJ Superior Court Appellate Division
decided:	2004-04-01
status:	published
citation:	367 N.J. Super. 591 844 A.2d 543
Document Size:	21874

35 IN THE MATTER OF STEPHEN JUI AND THE TOWN OF SECAUCUS. -- rank: 635

... jurisdiction, sought an administrative hearing under the framework established by N.J.S.A. 40A:14-147 to -151. Prior to the hearing, Jui was evaluated by ... other than truthfulness and fitness for duty. II. Pursuant to N.J.S.A. 40A:14-147, a police officer employed by a non-civil service jurisdiction ... of Hasbrouck Heights, 214 N.J. 338, 354 (2013) (quoting N.J.S.A. 40A:14-147). An officer must be apprised of any such charges against ...

docket:	a3612-20
court:	NJ Superior Court Appellate Division
decided:	2023-02-28
status:	Unpublished
citation:
Document Size:	25852

36 /usr/local/share/www/libweb/collections/courts/appellate/a0312-18.opn.html -- rank: 619

... law addresses the removal or suspension of a police officer, N.J.S.A. 40A:14-147, and the starting salary of a police chief, N.J ...

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37 CITY OF WILDWOOD Cross- v. GARY DEMARZO Cross- -- rank: 610

... the rights and protections afforded to such a position under N.J.S.A. 40A:14-147. In this capacity, DeMarzo became a member of the Fraternal ...

docket:	a5250-08
court:	NJ Superior Court Appellate Division
decided:	2010-02-22
status:	published
citation:	412 N.J. Super. 105 988 A.2d 1218
Document Size:	61764

38 FRATERNAL ORDER OF POLICE, LODGE NO. 164 -- rank: 610

... is based' (commonly referred to as the 45-day Rule), N.J.S.A. 40A:14-147,1 and 'erroneously reviewed [the arbitrator's] substantive arbitrability determination ... statutory mandates of N.J.S.A. 40A:14-181, N.J.S.A. 40A:14-147 and the . . . Guidelines[.]'' These arguments obfuscate the determinative issue in ... was garnered only after a full investigation was complete. See N.J.S.A. 40A:14-147. The Guidelines, which plaintiff argues establish, in part, defendant's ...

docket:	a3199-19
court:	NJ Superior Court Appellate Division
decided:	2021-05-03
status:	Unpublished
citation:
Document Size:	14450

39 BOROUGH OF FRANKLIN v. APPELLATE DIVISION JEFFREY R. SMITH -- rank: 597

... in a non-civil service jurisdiction are set forth in N.J.S.A. 40A:14-147 to -151. Ruroede v. Borough of Hasbrouck Heights, 214 N ...

docket:	a2545-19
court:	NJ Superior Court Appellate Division
decided:	2021-03-08
status:	Published
citation:
Document Size:	32334

40 /usr/local/share/www/libweb/collections/courts/appellate/a3046-15.opn.html -- rank: 597

... proceedings against police officers in the Borough is governed by N.J.S.A. 40A:14-147 to -151. Ruroede v. Borough of Hasbrouck Heights , 214 N ... termination, fine, or reduction in rank. Id. at 354 (citing N.J.S.A. 40A:14-147). An officer is entitled to a hearing on the charges. Ibid. (citing N.J.S.A. 40A:14-147). If the charges are sustained after the hearing, the officer ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	30547

41 KYHEEM DAVIS v. TOWNSHIP OF NEPTUNE -- rank: 584

... framework for disciplinary proceedings against police officers is governed by N.J.S.A. 40A:14-147 to -151. Ruroede v. Borough of Hasbrouck Heights, 214 N ... termination, fine, or reduction in rank. Id. at 354 (citing N.J.S.A. 40A:14-147). An officer is entitled to a hearing and if convicted ...

docket:	a3936-16
court:	NJ Superior Court Appellate Division
decided:	2019-01-16
status:	Unpublished
citation:
Document Size:	49705

42 IN THE MATTER OF PAUL MESSINA CITY OF TRENTON -- rank: 581

... City violated the so-called forty-five-day rule of N.J.S.A. 40A:14-147. 2 The ALJ found no evidence that the PNDA was ... to file the matter upon which the complaint is based." N.J.S.A. 40A:14-147. The record supports the ALJ's determination —— adopted ... information sufficient to file the complaint." Finally, we note that N.J.S.A. 40A:14-147 applies only to charges based upon the City's internal ... addition to the appropriate penalty for the new charge. 2 N.J.S.A. 40A:14-147 provides, in pertinent part, as follows: A complaint charging a ...

docket:	a1124-10
court:	NJ Superior Court Appellate Division
decided:	2012-04-05
status:	unpublished
citation:
Document Size:	20800

43 IN THE MATTER OF JAMES JOYCE, CITY OF PASSAIC -- rank: 578

... to initiate the disciplinary proceedings within the time prescribed by N.J.S.A. 40A:14-147. Joyce also argues that the Board's decision to modify ... PPD commenced the disciplinary proceedings beyond the time prescribed by N.J.S.A. 40A:14-147. The statute provides: [a] complaint charging a violation of the ... violating the State's civil service regulations. Under these circumstances, N.J.S.A. 40A:14-147 does did not apply. McElwee v. Boro ugh of Fieldsboro ... App. Div. 2008). We are nevertheless satisfied that, even if N.J.S.A. 40A:14-147 were applicable, the PPD filed its complaint in a timely ...

docket:	a1038-07
court:	NJ Superior Court Appellate Division
decided:	2008-12-04
status:	unpublished
citation:
Document Size:	36913

44 IN THE MATTER OF ANGELO ANDRIANI CITY OF HOBOKEN DEPARTMENT OF PUBLIC SAFETY -- rank: 578

... warrants the dismissal of the current charges. We disagree. Under N.J.S.A. 40A:14-147: [a] complaint charging a violation of the internal rules and ... 2008, the statutory forty-five-day rule was not violated. N.J.S.A. 40A:14-147 allows for a tolling of the forty-five-day rule ...

docket:	a3111-14
court:	NJ Superior Court Appellate Division
decided:	2018-02-09
status:	unpublished
citation:
Document Size:	44863

45 MICHAEL KAPPRE v. BOROUGH OF PAULSBORO -- rank: 572

... STATUS TO LIGHT DUTY DOES NOT ESTABLISH A VIOLATION OF N.J.S.A. 40A:14-147 AS ALLEGED IN COUNTS ONE AND TWO [AND] THERE IS ... untimely. The forty-five day limitations period set forth in N.J.S.A. 40A:14-147 applies to charges based on departmental rule and regulation violations ... established for the government of the police department or force[.]" N.J.S.A. 40A:14-147. "[T]he importance of maintaining discipline within the paramilitary organization ...

docket:	a3573-07
court:
decided:	2009-06-11
status:	Unpublished
citation:
Document Size:	44578