Search Rutgers Law Library N.J. Court Opinions

1 Kelly Ruroede v. Borough of Hasbrouck Heights -- rank: 1000

... pay and reinstating Ruroede to inactive status. Relying principally on N.J.S.A. 40A:14-149.1 (allowing for suspension without pay for certain misconduct), the ... may be suspended from his position with or without pay. N.J.S.A. 40A:14-149 to -149.1. [I]f a grand jury returns an ... the complaint is dismissed or until the prosecution is terminated. [ N.J.S.A. 40A:14-149.1.] If the officer is ultimately “found not guilty ... recover all pay withheld during the period of suspension.” N.J.S.A. 40A:14-149.2. Additionally, when an officer is suspended, a hearing on ... from the date of the service . . . of the complaint.” N.J.S.A. 40A:14-149. For purposes of the disciplinary hearing, a hearing officer has ... reinstatement or back pay depending on the eventual outcome, see N.J.S.A. 40A:14-149, -149.1, -151. Finally, an officer has the opportunity ...

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

2 IN THE MATTER OF CLIFTON GAUTHIER, ROCKAWAY TOWNSHIP -- rank: 942

... A.C. 4A:2-2.10(b) 'in conjunction with' N.J.S.A. 40A:14-149.2 to mean that a police officer is only entitled ... gain admission into PTI. A-4015-17T4 2 Furthermore, since N.J.S.A. 40A:14-149.2 'was a statute that altered a common law rule ... and are later acquitted or otherwise vindicated.' Id. at 143. N.J.S.A. 40A:14-149.2 is such a departure from the common law rule ... of suspension subject to any disciplinary proceedings or administrative action. [N.J.S.A. 40A:14-149.2.] When a statute 'impose[s] a duty or . . . establish ... Okonite- Callender Cable Co., 3 N.J. 253, 265 (1949)). N.J.S.A. 40A:14-149.2 appears to track DeMarco's prescient comment that the ... 21 N.J. at 143. Gauthier urges us to interpret N.J.S.A. 40A:14-149.2 expansively, even though it changed the common law ...

docket:	a4015-17
court:	NJ Superior Court Appellate Division
decided:	2019-11-27
status:	Published
citation:
Document Size:	24622

3 MONTCLAIR POLICE OFFICER JOSELITO NEBIAR v. TOWNSHIP OF MONTCLAIR -- rank: 878

... days of the filing of the complaint as mandated by N.J.S.A. 40A:14-149 (the thirty-day rule). Chief Sabagh received the hearing officer ... days from the date of the service of the [complaint] . . . ." N.J.S.A. 40A:14-149. Pursuant to N.J.S.A. 40A:14-150, a ... of the charges. B. Montclair argues that it complied with N.J.S.A. 40A:14-149 by scheduling the hearing to commence within thirty days of ... report from his expert psychologist, Dr. Franklin. Again, we agree. N.J.S.A. 40A:14-149 provides: If any member or officer of the police department ... may be returned to duty. In concluding that Montclair violated N.J.S.A. 40A:14-149 by failing to commence a hearing within thirty days of ...

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

4 ROBERT SMITH v. CITY OF BRIDGETON -- rank: 872

... thirty days from the date of service of the complaint. N.J.S.A. 40A:14-149. Failure to hold a hearing within that time period mandates ... if a grand jury returns an indictment against the officer. N.J.S.A. 40A:14-149.1; see also N.J.A.C. 4A:2-2 ... the complaint is dismissed or until the prosecution is terminated.' N.J.S.A. 40A:14-149.1. N.J.S.A. 40A:14-149.2 provides: If a suspended police officer is found not ... not claim a violation of the thirty-day requirement of N.J.S.A. 40A:14-149 as the reason for his request. On March 11, 2016 ... filed a motion for summary judgment, arguing, in part, that N.J.S.A. 40A:14-149 required dismissal of the disciplinary charges because the City ...

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

5 CHIEF LOUIS MERCURO v. BOROUGH OF HALEDON -- rank: 855

... reinstatement or back pay depending on the eventual outcome, see N.J.S.A. 40A:14-149, -149.1, -151. Finally, an officer has the opportunity for ...

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

6 IN THE MATTER OF BRUCE CORNISH, MILLVILLE -- rank: 835

... outright. Specifically, defendant contends that the Commission failed to apply N.J.S.A. 40A:14-149.1 to determine the award of back pay, as mandated ... 2.10(b); the plain language and legislative intent of N.J.S.A. 40A:14-149.2 requires an award of back pay if a suspended ... the proper rules mandated by the Civil Service Act, and N.J.S.A. 40A:14-149. N.J.S.A. 40A:14-149.1 provides that a police officer charged with an "offense ... 10(b) permits an award of back pay pursuant to N.J.S.A. 40A:14-149.1 only in cases involving police officers who were suspended ... d on other grounds , 154 N.J. 394 (1998). Accordingly, N.J.S.A. 40A:14-149.1 and -149.2 and N.J.A.C. ...

docket:	a4051-08
court:	superior court appellate division
decided:	2010-07-22
status:	unpublished
citation:
Document Size:	47533

7 MICHAEL CANTONE v. BOROUGH OF HARRINGTON PARK -- rank: 824

... and said member or officer may be returned to duty." N.J.S.A. 40A:14-149. Under limited circumstances, a suspension without pay pending a departmental hearing may be imposed. N.J.S.A. 40A:14-149.1. If the charges against the officer are subsequently dismissed ... withheld during the period of suspension" for the charged violations. N.J.S.A. 40A:14-149.2. The officer is also entitled to back pay if ... high misdemeanor or which involves moral turpitude or dishonesty." See N.J.S.A. 40A:14-149.1. Additionally, Cantone was entitled to back pay because the ...

docket:	a3248-10
court:	NJ Superior Court Appellate Division
decided:	2013-01-29
status:	unpublished
citation:
Document Size:	73454

8 IN THE MATTER OF MICHAEL HUCHKO -- rank: 797

... Board found that appellant mistakenly relied on the provisions of N.J.S.A. 40A:14-149.1 in support of his argument that he was entitled to pay during suspension, and held that N.J.S.A. 40A:14-149.1 did not apply because there was no indication in ... Board determined that removal was the proper penalty. We agree. N.J.S.A. 40A:14-149.1 mandates a suspension with pay, only in those cases ... Because appellant here was not charged with a criminal offense, N.J.S.A. 40A:14-149.1 does not apply. However, N.J.S.A. 11A ...

docket:	A1228-04
court:	NJ Superior Court Appellate Division
decided:	2006-07-12
status:	unpublished
citation:
Document Size:	111003

9 IN THE MATTER ARBITRATION BETWEEN FOP LODGE #97 et al. -- rank: 777

... forth in N.J.S.A. 40A:14-147 and N.J.S.A. 40A:14-149. The latter provides: If any member or officer of the ... could have done the same thing as it did in N.J.S.A. 40A:14-149. ����We also relied on statutory history. Former N.J.S.A. 40:47-6, the source for N.J.S.A. 40A:14-149, former N.J.S.A. 40:47-8, read: If ... the officer or employee returned to duty. We noted that N.J.S.A. 40A:14-149 contains virtually identical language to its source, but there are ...

docket:	A1862-02
court:	NJ Superior Court Appellate Division
decided:	2003-11-18
status:	published
citation:	364 N.J. Super. 294 835 A.2d 687
Document Size:	21256

10 WILLIE GOODMAN v. DEPARTMENT OF CORRECTIONS -- rank: 777

... in the statutes governing disciplinary actions against municipal police officers. N.J.S.A. 40A:14-149 provides: ����If any member or officer of the police department ... also indicated that because the Legislature had expressly provided in N.J.S.A. 40A:14-149 that disciplinary charges against an officer who has been suspended ... indicated that despite the mandatory wording of the predecessor to N.J.S.A. 40A:14-149, this statute should not be construed to require automatic dismissal ... based on the respondent police department's "egregious violation of N.J.S.A. 40A:14-149." Our opinion recognized that we had flexibly construed "the apparently mandatory statutory thirty-day provision of N.J.S.A. 40A:14-149" in recognition of "the need to accommodate the prompt dispositional ...

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

11 TRACE HERZOG v. TOWNSHIP OF FAIRFIELD -- rank: 764

... while the charges against him pend, the plain language of N.J.S.A. 40A:14-149.1 mandates a suspension with pay even where a criminal ... criminal qualities, a suspension without pay is unauthorized by law. ���� N.J.S.A. 40A:14-149.1 provides: ����Notwithstanding any other law to the contrary, whenever ... J.S.A. 40A:14-147. ����The legislative history regarding N.J.S.A. 40A:14-149.1 demonstrates that the sponsor's original concern was to ... the bill was balanced by the requirement, since codified as N.J.S.A. 40A:14-149.1, accommodated the Governor's concerns. See L. 1973, c ... clearly intended." Ibid. There is nothing in the language of N.J.S.A. 40A:14-149.1 to suggest that the Legislature intended the basic meaning ...

docket:	A1902-00
court:	NJ Superior Court Appellate Division
decided:	2002-04-09
status:	published
citation:	349 N.J. Super. 602 794 A.2d 230
Document Size:	16724

12 RICHARD MUCIA v. MIDDLESEX COUNTY -- rank: 747

... General's Internal Affairs Policy and Procedures (Guidelines)3 and N.J.S.A. 40A:14-149.1 as authority for reinstatement. Defendants sent a letter dated ... N.J.S.A. 40A:9-117a. Defendants advised that N.J.S.A. 40A:14- 149.1 only applied to municipal police officers. Further, the Guidelines ... S.A. 40A:9-117a. The statute cited by plaintiffs, N.J.S.A. 40A:14-149.1, did not apply. Because plaintiffs were accused of having ... S.A. 40A:9-117a, and the statute they cited, N.J.S.A. 40A:14-149.1, did not apply to sheriff's investigators. By this ...

docket:	a1564-14
court:	NJ Superior Court Appellate Division
decided:	2018-02-08
status:	unpublished
citation:
Document Size:	35203

13 BOROUGH OF BOGOTA v. REGINA TASCA -- rank: 717

... suspended Tasca from duty but with pay and benefits. See N.J.S.A. 40A:14-149.1. Bogota engaged the services of a retired Superior Court ... in the Law Division when Bogota filed a complaint under N.J.S.A. 40A:14-149.3 for reimbursement of Tasca's salary and the value ...

docket:	a0438-14
court:	NJ Superior Court Appellate Division
decided:	2015-04-27
status:	unpublished
citation:
Document Size:	30353

14 IN THE MATTER OF THE DISCIPLINARY ACTION OF POLICE OFFICER THOMAS WHITE -- rank: 690

... proceedings before the Hearing Officer, contrary to the requirements of N.J.S.A. 40A:14-149 and Departmental Regulations. The record before us establishes that a ... respect, we have held: [S]uspensions without pay [pursuant to N.J.S.A. 40A:14-149.1] are precluded for officers charged solely with violations of ... these delays in the record and they are extraordinary. However, N.J.S.A. 40A:14-149.1 does not apply to the courts. (continued) (continued) 28 ...

docket:	a0028-07
court:	NJ Superior Court Appellate Division
decided:	2008-11-03
status:	unpublished
citation:	199 N.J. 131 970 A.2d 1048
Document Size:	78205

15 JOSE JOEY TORRES, Mayor of the City of Paterson v. THE MUNICIPAL COUNCIL OF THE CITY OF PATERSON, ET AL. -- rank: 619

... during a period of suspension after reinstatement, is inconsistent with N.J.S.A. 40A:14-149.2, as that statute provides for the recovery of an ...

docket:	A0781-05
court:	NJ Superior Court Appellate Division
decided:	2007-06-15
status:	unpublished
citation:
Document Size:	67474