Search Rutgers Law Library N.J. Court Opinions

1 HECTOR REYES v. CITY OF ATLANTIC CITY -- rank: 1000

... and Separation from Service. In an addendum to the PNDA, N.J.S.A. 40A:14-147 was also listed as a sustained charge. 1 1 No ... the PNDA within the forty-five-day requirement contained in N.J.S.A. 40A:14-147 and, as a result, requested dismissal of the charges and ... because defendant violated the forty-five-day deadline contained in N.J.S.A. 40A:14-147. In a written opinion, the judge thoroughly addressed both parties ... counsel argued that the forty-five-day deadline contained in N.J.S.A. 40A:14-147 applies in this case because plaintiff was only charged with ... plaintiff's position that defendant incorrectly charged him with violating N.J.S.A. 40A:14-147. There, since plaintiff was only charged with violations of internal ... and regulations, it was his position that the 'exception' in N.J.S.A. 40A:14-147 did not apply. According to defense counsel, however, the ...

docket:	a2698-21
court:	NJ Superior Court Appellate Division
decided:	2023-02-28
status:	Unpublished
citation:
Document Size:	25362

2 CHIEF LOUIS MERCURO v. BOROUGH OF HALEDON -- rank: 987

... argument that the Mayor and Council had no authority under N.J.S.A. 40A:14-147 to hear a disciplinary action against any police officer. Id ... 11A:1-1 to 11A:12-6, is governed by N.J.S.A. 40A:14-147 to -151. In Ruroede v. Borough of Hasbrouck Heights , 214 ... omitted), the Supreme Court held that the statutory framework in N.J.S.A. 40A:14-147 to -151 "provides a police officer with well-defined procedures ... suspended, removed, fined or reduced in rank" without "just cause." N.J.S.A. 40A:14-147. An officer cannot be removed "for political reasons or for ... proving the charges is on the police officer's employer. N.J.S.A. 40A:14-147. The officer is provided with multiple opportunities to have the ... conflicted hearing officer. Premised on those challenges, plaintiff asserts that N.J.S.A. 40A:14-147 is the controlling statute. N.J.S.A. 40A: ...

docket:	a1691-12
court:	NJ Superior Court Appellate Division
decided:	2015-12-03
status:	unpublished
citation:
Document Size:	91530

3 MICHAEL HAND v. BOROUGH OF NEW PROVIDENCE -- rank: 943

... 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 (quoting N.J.S.A. 40A:14-147). Pursuant to N.J.S.A. 40A:14-147, just cause includes 'incapacity, misconduct, or disobedience of rules and regulations.' Our Supreme Court has recognized 'misconduct' under N.J.S.A. 40A:14- 147 'need not be predicated on the violation of any particular ... 1, Standard of Conduct; and 3:5.7, Intercession, and N.J.S.A. 40A:14-147, Conduct Unbecoming a Public Employee, specifically witness tampering. 5 In ... and that plaintiff's behavior constituted misconduct for purposes of N.J.S.A. 40A:14-147. For these violations, Chief Hayducka recommended plaintiff be terminated. ...

docket:	a1097-21
court:	NJ Superior Court Appellate Division
decided:	2023-10-17
status:	Unpublished
citation:
Document Size:	64869

4 /usr/local/share/www/libweb/collections/courts/appellate/a3758-17.opn.html -- rank: 924

... of the charges, finding they were not timely filed under N.J.S.A. 40A:14-147, which provides that disciplinary 1 The charges were amended to ... the charges were filed beyond the time period permitted by N.J.S.A. 40A:14- - 147 was incorrect because it was based on the erroneous finding ... Commission to determi ne if the charges were timely under N.J.S.A. 40A:14-147 when filed on June 26, 2014. Id. at 8. We ... 2014 investigation report, and therefore the charges were timely under N.J.S.A. 40A:14-147 when they were filed forty-five days later on June ... Commission further explained that the forty-five-day deadline under ' N.J.S.A. 40A:14-147 only expressly applies to charges related to violations of departmental ... properly extend the forty-five-day deadline. In pertinent part, N.J.S.A. 40A:14-147 provides that: A complaint charging a violation of the ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	25642

5 Kelly Ruroede v. Borough of Hasbrouck Heights -- rank: 915

... in a non-civil service jurisdiction was properly terminated under N.J.S.A. 40A:14-147 to -151. 2 On March 23 , 2008, Ruroede was at ... disciplinary proceedings for police officers in non-civil service municipalities, N.J.S.A. 40A:14-147 to -151, provide, in relevant part: a police officer cannot ... framework governing the proceedings under review is set forth in N.J.S.A. 40A:14-147 to -151. Plaintiff Kelly Ruroede, a police officer who was ... disciplinary proceedings for police officers in non-civil service municipalities. N.J.S.A. 40A:14-147 to -151. The primary goal of statutory analysis is to ... fined or reduced in rank” without “just cause.” N.J.S.A. 40A:14-147. An officer cannot be removed “for political reasons or ... proving the charges is on the police officer’s employer. N.J.S.A. 40A:14-147. The officer is provided with multiple opportunities to have ...

docket:	A-95-11
court:	NJ Supreme Court
decided:	2013-07-01
status:
citation:
Document Size:	97674

6 CAPTAIN AND FORMER ACTING CHIEF RAYMOND COX v. JENNIFER BLUMENTHAL CITY MANAGER -- rank: 908

... Department rules and regulations, the New Jersey Administrative Code, and N.J.S.A. 40A:14-147, and seeking his reinstatement as Acting Chief. The second count ... Captain Cox is removed from that position in accordance with N.J.S.A. 40A:14-147." The court also ordered that plaintiff receive "differential in back ... and removal as Acting Chief. The trial court held that N.J.S.A. 40A:14-147 restricts the City Manager's power to remove plaintiff as ... defendants argue the trial court erred in its application of N.J.S.A. 40A:14-147 to the position of Acting Chief. The trial court's ... can be given to the whole of an enactment." Ibid. N.J.S.A. 40A:14-147 (hereinafter "section 147") provides in pertinent part: Except as otherwise ...

docket:	a1353-13
court:	NJ Superior Court Appellate Division
decided:	2015-05-04
status:	unpublished
citation:
Document Size:	31231

7 MONTCLAIR POLICE OFFICER JOSELITO NEBIAR v. TOWNSHIP OF MONTCLAIR -- rank: 902

... them within the forty-five-day time limitation established in N.J.S.A. 40A:14-147 (the forty-five-day rule). He reasoned: [Plaintiff's] reliance ... disciplinary proceedings for police officers in non-civil service municipalities. N.J.S.A. 40A:14-147 to -151. A police officer cannot "be suspended, removed, fined or reduced in rank" without "just cause." N.J.S.A. 40A:14-147. An officer cannot be removed "for any cause other than ... rules and regulations . . . ." Ibid. Under the forty-five-day rule, N.J.S.A. 40A:14-147, [a] complaint charging a violation of the internal rules and ... that it violated the forty-five day rule established in N.J.S.A. 40A:14-147 because it filed the disciplinary charges only seven days after ... suspension or termination is unfitness for duty. We agree. Under N.J.S.A. 40A:14-147: A complaint charging a violation of the internal rules ...

docket:	a3240-15
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	78781

8 IN THE MATTER OF JOHN CARTER -- rank: 880

... a timely fashion. Specifically, he contended that the Department violated N.J.S.A. 40A:14-147, commonly known as the "forty-five day rule," by failing ... which the Department obtained "sufficient evidence to support the complaint." N.J.S.A. 40A:14-147 states in pertinent part: Except as otherwise provided by law ... these latter charges are allowed to stand, the purpose of N.J.S.A. 40A:14-147 would be defeated. Interlocutory review was requested by the Department ... order, the Board concluded that: [T]he plain language of N.J.S.A. 40A:14-147 indicates that it is to be applied only to violations ... forty-five days of September 24, 2001, no violation of N.J.S.A. 40A:14-147 exists. Accordingly, the ALJ's determination is reversed and the ... regulations are also reinstated. We agree with the Board that N.J.S.A. 40A:14-147 is not applicable to the charges filed pursuant to ...

docket:	A1566-04
court:	NJ Superior Court Appellate Division
decided:	2006-05-08
status:	unpublished
citation:
Document Size:	94372

9 FIRE DISTRICT 1 OF THE TOWNSHIP OF WOODBRIDGE v. PUBLIC EMPLOYMENT RELATIONS COMMISSION -- rank: 880

... may be taken as provided and Civil Service Law and N.J.S.A. 40A:14-147-151 inclusive." It argued that there was no provision for ... respect to minor discipline. The judge discussed appeals pursuant to N.J.S.A. 40A:14-147 to -151 and N.J.S.A. 40A:14-22 ... be taken as provided and [sic] Civil Service Law and N.J.S.A. 40A:14-147-151 inclusive." The penal�ties subject to this provision range ... language. The phrase "as provided and Civil Service Law and N.J.S.A. 40A:14-147-151 inclusive" might be construed to mean "as provided herein and Civil Service Law and N.J.S.A. 40A:14-147-151 inclu�sive" or to mean "as provided in Civil Service Law and N.J.S.A. 40A:14-147-151 inclusive." Because the Rules do not provide therein ...

docket:	a0407-08
court:	NJ Superior Court Appellate Division
decided:	2009-06-25
status:	unpublished
citation:
Document Size:	80799

10 DAVID B. BURNS v. BOROUGH OF GLASSBORO -- rank: 874

... in the written reprimand, requesting an administrative hearing pursuant to N.J.S.A. 40A:14-147, and making a discovery demand. On May 1, 2012, the ... assignment, was not disciplined, did not receive disciplinary charges, and N.J.S.A. 40A:14-147 did not require a hearing. Subsequently, plaintiff filed a verified ... future promotions or disciplinary actions. The Borough countered that, under N.J.S.A. 40A:14-147, a written reprimand did not trigger any prior notice and ... for lack of prior notice and a hearing pursuant to N.J.S.A. 40A:14-147. The judge observed in his January 7, 2013 oral opinion ... of written reprimands, the Legislature had ample opportunity to amend N.J.S.A. 40A:14-147 to include written reprimands, and it did not. The judge ... a minor discipline triggers the requirement for a hearing under N.J.S.A. 40A:14-147 or under constitutional due process principles, the judge erred ...

docket:	a2085-12
court:	NJ Superior Court Appellate Division
decided:	2014-03-11
status:	unpublished
citation:
Document Size:	34609

11 MICHAEL MUSSER v. EASTAMPTON TOWNSHIP POLICE DEPARTMENT -- rank: 855

... 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 (quoting N.J.S.A. 40A:14-147). Pursuant to N.J.S.A. 40A:14-147, just cause includes 'misconduct.' Our Supreme Court has recognized 'misconduct' under N.J.S.A. 40A:14- 147 'need not be predicated on the violation of any particular ... violation of Departmental Rule 4:9.4, Unauthorized Absence, and N.J.S.A. 40A:14-147, for misconduct by calling out sick on a night shift ... Rule 3:12.5, Truthfulness, (Eastampton Twp. Police Manual), and N.J.S.A. 40A:14-147 (Misconduct). The Township sought a three-day suspension for ...

docket:	a2386-19
court:	NJ Superior Court Appellate Division
decided:	2022-03-25
status:	Unpublished
citation:
Document Size:	40699

12 ANTHONY CARUSO, et al. v. CITY OF NEWARK -- rank: 855

... to have been filed outside the time limitation prescribed by N.J.S.A. 40A:14-147. Ibid. The Law Division dismissed the officer's complaint on ...

docket:	A2529-04
court:	NJ Superior Court Appellate Division
decided:	2006-08-11
status:	unpublished
citation:
Document Size:	167782

13 IN THE MATTER OF TELINA HAIRSTON CITY OF EAST ORANGE POLICE DEPARTMENT -- rank: 852

... Hairston within the forty-five day time period required by N.J.S.A. 40A:14-147. We vacate the Commission's decision and remand for further ... the charges within the forty-five day period required under N.J.S.A. 40A:14-147. Noting the statute requires that charges be filed within forty ... to file the matter upon which the complaint if based," N.J.S.A. 40A:14-147, the judge observed that the Professional Services Unit investigation report ... that the charges were filed beyond the time permitted by N.J.S.A. 40A:14-147 was based on the erroneous finding that the charges were ... therefore erred in concluding the charges were time-barred under N.J.S.A. 40A:14-147. Hairston contends the Commission's determination was proper because the ... 26, 2014, and finding the charges were time-barred under N.J.S.A. 40A:14-147. We do not, however, reverse the Commission's final ...

docket:	a4850-15
court:	NJ Superior Court Appellate Division
decided:	2017-09-07
status:	unpublished
citation:
Document Size:	22594

14 /usr/local/share/www/libweb/collections/courts/appellate/a3400-18.opn.html -- rank: 845

... 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). Pursuant to N.J.S.A. 40A:14-147, just cause includes 'misconduct.' Our Supreme Court has recognized 'misconduct' under N.J.S.A. 40A:14- 147 'need not be predicated on the violation of any particular ... proper information in reports as required . . . . Misconduct as defined in N.J.S.A. 40A:14-147[,] Incapacity as defined in N.J.S.A. 40A:14-147 A-3400-18 17 Did engage in a course ...

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15 G.Y. v. TOWNSHIP OF HANOVER -- rank: 842

... he had committed disciplinary infractions, including two counts of misconduct, N.J.S.A. 40A:14-147. Those disciplinary infractions arose out of a domestic dispute between ... notice included two charges, both of which alleged misconduct under N.J.S.A. 40A:14-147. Charge one alleged that G.Y. assaulted his wife during ... the 'forty- A-2600-17T1 5 five day rule' of N.J.S.A. 40A:14-147. A hearing officer heard oral argument on the motion to ... forty-five day A-2600-17T1 6 rule' established in N.J.S.A. 40A:14-147. In conducting its review, the trial court allowed G.Y ... a non-civil service jurisdiction. Therefore, the statutory framework of N.J.S.A. 40A:14-147 to -151 governs disciplinary proceedings brought against police officers. Ruroede ... N.J. Super. 405, 408-09 (Law Div. 2005); see N.J.S.A. 40A:14-147. In relevant part, the statute provides: A complaint charging ...

docket:	a2600-17
court:	NJ Superior Court Appellate Division
decided:	2019-02-19
status:	Unpublished
citation:
Document Size:	40160