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 Results for ("N.J.S.A. 40a:14-150")   1 to 15 of 63 results. Run time: 0.759 seconds | Search time: 0.752 seconds    
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1 In the Matter of Officer Gregory DiGuglielmo New Jersey Institute of Technology -- rank: 1000
... 210 incorporate by reference the terms and limitations found in N.J.S.A. 40A:14-150, which only applies to municipal officers not subject to civil ... arbitration. The Court therefore reinstates PERC’s decision. 1 1. N.J.S.A. 40A:14-150 governs the review of disciplinary action in non-civil service ... 210 incorporate by reference the terms and limitations found in N.J.S.A. 40A:14-150 which only applies to municipal officers not subject to civil ... for certification challenging both the Appellate Division’s determination that N.J.S.A. 40A:14-150 limits special disciplinary arbitration to non-civil service municipal police ... DiGuglielmo argues that the Appellate Division’s narrow reading of N.J.S.A. 40A:14-150 distorts the broader statutory scheme of N.J.S.A ... manner. The Fraternal Order of Police contends that narrowly reading N.J.S.A. 40A:14-150 to restrict special 8 disciplinary arbitration to municipal police ...
docket: a-33-21
court: NJ Superior Court Appellate Division
decided: 2022-11-28
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Document Size: 58464
2 /usr/local/share/www/libweb/collections/courts/appellate/a3772-19.opn.html -- rank: 859
... for special disciplinary arbitration because that option is restricted by N.J.S.A. 40A:14-150 to officers who work for municipal police departments in jurisdictions ... service system. In addition, even if that statutory restriction under N.J.S.A. 40A:14-150 did not pertain, the officer in this case is ineligible ... in Title 40 and recodified it under Title 40A as N.J.S.A. 40A:14-150 ('Section 150'). As part of this recodification, the Legislature essentially ... both Sections 209 and 210 to Section 150 (i.e., N.J.S.A. 40A:14-150) affect his eligibility for special disciplinary arbitration. We conclude that ... Superior Court A-3772-19T2 27 under the provisions of N.J.S.A. 40A:14-150 . . . [the following procedures apply].' N.J.S.40A:14-210 ... the New Jersey Statute [civil service] is not in operation . . . [.]' N.J.S.A. 40A:14-150 (emphasis added). The statutory definition of a 'municipality' stems ...
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Document Size: 56612
3 Kelly Ruroede v. Borough of Hasbrouck Heights -- rank: 783
... governing practice before the Appellate Division or the Supreme Court. N.J.S.A. 40A:14-150 “provides [the Superior Court] with the opportunity to consider ... a new disciplinary hearing was not an appropriate remedy under N.J.S.A. 40A:14-150. (pp. 23-28) 4. It is the duty of the ... in its de novo review of this disciplinary action. See N.J.S.A. 40A:14-150. The Borough also asks this Court to address whether the ... to affirming, reversing, or modifying the disciplinary conviction pursuant to N.J.S.A. 40A:14-150. In assessing those options, the court has the flexibility to ... to make any independent findings of fact as required by N.J.S.A. 40A:14-150. The Borough relies on the evidence adduced during the disciplinary ... hearing, an officer can seek review from the Superior Court. N.J.S.A. 40A:14-150. “The court shall hear the cause de novo ...
docket: A-95-11
court: NJ Supreme Court
decided: 2013-07-01
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Document Size: 97674
4 CHIEF LOUIS MERCURO v. BOROUGH OF HALEDON -- rank: 771
... I THE LAW DIVISION DID NOT HAVE JURISDICTION PURSUANT TO N.J.S.A. 40A:14-150 BECAUSE FINAL MUNICIPAL ACTION HAD NOT BEEN TAKEN AND THE ... he did not exhaust his municipal remedies as required by N.J.S.A. 40A:14-150, and since he failed to satisfy the essential elements to ... hearing, an officer can seek review from the Superior Court. N.J.S.A. 40A:14-150. 'The court shall hear the cause de novo on the ... review and supplement the evidentiary record in Superior Court, see N.J.S.A. 40A:14-150; and an officer can seek reinstatement or back pay depending ... abide a final decision at the municipal level. Haledon cites N.J.S.A. 40A:14-150, which states: Any member or officer of a police department ... he was not required to exhaust his municipal remedies as N.J.S.A. 40A:14-150 is inapplicable since he sought relief based upon "ultra ...
docket: a1691-12
court: NJ Superior Court Appellate Division
decided: 2015-12-03
status: unpublished
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Document Size: 91530
5 JOSEPH ISAACSON v. PUBLIC EMPLOYMENT RELATIONS COMMISSION -- rank: 756
... disciplinary arbitration and the appointment of an arbitrator pursuant to N.J.S.A. 40A:14-150, -209, and -210, and N.J.A.C. 19:12 ... standards, we discern no reason to reverse PERC's decision. N.J.S.A. 40A:14-150 permits police officers in a non-civil service municipality who ... arbitration pursuant to [ N.J.S.A. 40A:14-209]. [ N.J.S.A. 40A:14-150 (emphasis added).] The word "relating" is defined as "to show ... officer, as an alternative to the judicial review authorized under [ N.J.S.A. ] 40A:14-150 . . . may submit an appeal of his suspension and termination to ... written notice to the Superior Court under the provisions of [ N.J.S.A. ] 40A:14-150 . . . seeking review of the termination of his employment for a ... S.A. 40A:14-210(a) (emphasis added).] Stated simply, N.J.S.A. 40A:14-150 permits police officers to request arbitration pursuant to N. ...
docket: a2991-14
court: NJ Superior Court Appellate Division
decided: 2017-02-27
status: unpublished
citation:
Document Size: 44900
6 /usr/local/share/www/libweb/collections/courts/appellate/a4180-12xx.opn.html -- rank: 742
... and appointment of a special disciplinary arbitrator (arbitrator) pursuant to N.J.S.A. 40A:14-150, -209 and -210, and N.J.A.C. 19:12 ... disciplinary arbitration and the appointment of an arbitrator pursuant to N.J.S.A. 40A:14-150, -209, and -210, and N.J.A.C. 19:12-6.1. N.J.S.A. 40A:14-150 permits police officers in a non-civil service municipality who ... arbitration pursuant to [ N.J.S.A. 40A:14-209]. [ N.J.S.A. 40A:14-150.] N.J.S.A. 40A:14-209 permits police officers ... officer, as an alternative to the judicial review authorized under [ N.J.S.A. ] 40A:14-150 . . . may submit an appeal of his suspension and termination to ... written notice to the Superior Court under the provisions of [ N.J.S.A. ] 40A:14-150 . . . seeking review of the termination of his employment for ...
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court: NJ Superior Court Law/Chancery Division
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7 TOWNSHIP OF HARDYSTON - v. JOSEPH ISAACSON -- rank: 742
... and appointment of a special disciplinary arbitrator (arbitrator) pursuant to N.J.S.A. 40A:14-150, -209 and -210, and N.J.A.C. 19:12 ... disciplinary arbitration and the appointment of an arbitrator pursuant to N.J.S.A. 40A:14-150, -209, and -210, and N.J.A.C. 19:12-6.1. N.J.S.A. 40A:14-150 permits police officers in a non-civil service municipality who ... arbitration pursuant to [ N.J.S.A. 40A:14-209]. [ N.J.S.A. 40A:14-150.] N.J.S.A. 40A:14-209 permits police officers ... officer, as an alternative to the judicial review authorized under [ N.J.S.A. ] 40A:14-150 . . . may submit an appeal of his suspension and termination to ... written notice to the Superior Court under the provisions of [ N.J.S.A. ] 40A:14-150 . . . seeking review of the termination of his employment for ...
docket: a3435-12
court: NJ Superior Court Appellate Division
decided: 2014-07-09
status: unpublished
citation:
Document Size: 30985
8 CHARLES KIM v. NEW JERSEY INSTITUTE OF TECHNOLOGY -- rank: 732
... suspension. Plaintiff sought judicial review of the decision pursuant to N.J.S.A. 40A:14-150. He further asserted his due process rights were violated under ... 1985). A-1055-20 4 The trial court first determined N.J.S.A. 40A:14-150 does not apply to non-municipal police officers, so plaintiff ... the trial court improperly dismissed his claim by finding that N.J.S.A. 40A:14- 150 does not apply to university law enforcement officers. He further ... not violated and he could not seek judicial review under N.J.S.A. 40A:14-150, other theories supported his claims, and he should have been ... claims. B. Plaintiff further contends the judicial review available under N.J.S.A. 40A:14-150 should apply to all law enforcement officers regardless of whether ... introduced legislation suggests the Legislature did not intend to limit N.J.S.A. 40A:14-150 to municipal officers. We are unpersuaded. N.J.S. ...
docket: a1055-20
court: NJ Superior Court Appellate Division
decided: 2023-06-21
status: Unpublished
citation:
Document Size: 28195
9 G.Y. v. TOWNSHIP OF HANOVER -- rank: 697
... of the disciplinary charges and his termination in accordance with N.J.S.A. 40A:14-150. G.Y. also asserted a violation of the 'forty-five ... of these arguments by identifying the standard of review under N.J.S.A. 40A:14-150 and our scope of review on appeal. N.J.S.A. 40A:14-150 permits police officers in non-civil service municipalities to seek ... below and may either affirm, reverse or modify such conviction. [N.J.S.A. 40A:14-150.] The statute further provides that '[e]ither party may supplement ... supplement the A-2600-17T1 19 record' on appeal under N.J.S.A. 40A:14-150.' The Township argues that as G.Y. did not testify ... supplementing the record' is not supported by the language of N.J.S.A. 40A:14-150, the relevant case law, or the Legislature's goals ...
docket: a2600-17
court: NJ Superior Court Appellate Division
decided: 2019-02-19
status: Unpublished
citation:
Document Size: 40160
10 BOROUGH OF BOGOTA v. REGINA TASCA -- rank: 658
... Nirenberg, on the brief). PER CURIAM This appeal pertains to N.J.S.A. 40A:14-150, which establishes a right to a trial de novo in ... of the counterclaim sought a de novo hearing pursuant to N.J.S.A. 40A:14-150 of the administrative charges that resulted in Tasca's termination ... entire case being tried twice, once before the judge under N.J.S.A. 40A:14-150 and a second time before a jury on her discrimination ... it had mistakenly believed that a de novo trial under N.J.S.A. 40A:14-150 is mandatory but subsequently realized it is only an optional ... filed both a request for a trial de novo under N.J.S.A. 40A:14-150 and statutory and constitutional claims of discrimination and retaliation, the ... be reinstated to her position as a remedy available under N.J.S.A. 40A:14-150. On the other hand, if the jury reaches a ...
docket: a0438-14
court: NJ Superior Court Appellate Division
decided: 2015-04-27
status: unpublished
citation:
Document Size: 30353
11 MICHAEL CANTONE v. BOROUGH OF HARRINGTON PARK -- rank: 643
... in the Law Division seeking de novo review pursuant to N.J.S.A. 40A:14-150. He contended that defendants' termination of his employment was arbitrary ... FAILURE TO PROPERLY NOTICE DEFENDANTS OF HIS APPEAL PURSUANT TO N.J.S.A. 40A:14-150 AND (2) HIS FAILURE TO TIMELY FILE HIS COMPLAINT PURSUANT ... review of his or her conviction by the Superior Court. N.J.S.A. 40A:14-150. The statute provides in pertinent part: "Such review shall be ... whether he needed to comply with the June 27 deadline. N.J.S.A. 40A:14-150 provides that "[e]ither party may supplement the record with ... he did not provide them with notice in accord with N.J.S.A. 40A:14-150. In assessing Cantone's claims, the trial judge ruled defendants ... the date from which the notice and filing requirements of N.J.S.A. 40A:14-150 were to be calculated. Since Cantone provided notice of ...
docket: a3248-10
court: NJ Superior Court Appellate Division
decided: 2013-01-29
status: unpublished
citation:
Document Size: 73454
12 MONTCLAIR POLICE OFFICER JOSELITO NEBIAR v. TOWNSHIP OF MONTCLAIR -- rank: 641
... complaint] . . . ." N.J.S.A. 40A:14-149. Pursuant to N.J.S.A. 40A:14-150, a police officer employed by a department not subject to ... novo review of the record made during the disciplinary proceeding. N.J.S.A. 40A:14-150. A de novo hearing provides a reviewing court with the ... with the fundamental purpose of a de novo proceeding under N.J.S.A. 40A:14-150: to ensure that a neutral, unbiased forum will review disciplinary ... at 569. Phillips appealed the Township's decision pursuant to N.J.S.A. 40A:14-150. Id. at 573. In the interim, he was acquitted in ...
docket: a3240-15
court: NJ Superior Court Appellate Division
decided: 0000-00-00
status: unpublished
citation:
Document Size: 78781
13 MICHAEL MUSSER v. EASTAMPTON TOWNSHIP POLICE DEPARTMENT -- rank: 638
... fairness in dealing with members of the public . . . .'). Pursuant to N.J.S.A. 40A:14-150, an officer is entitled to a hearing, and, if convicted ... for de novo review before the Law Division pursuant to N.J.S.A. 40A:14-150. Thereafter, on November 15, 2017, plaintiff filed a complaint in ... under the de novo standard of review as required by N.J.S.A. 40A:14- 150 within sixty days. 3 On December 18, 2019, the trial ... of a sufficient de novo review in the context of N.J.S.A. 40A:14-150 proceedings. In King v. Ryan, the local police committee made ... Upon de novo review in the Law Division pursuant to N.J.S.A. 40A:14-150, the trial judge explained '[t]he court finds no reason ...
docket: a2386-19
court: NJ Superior Court Appellate Division
decided: 2022-03-25
status: Unpublished
citation:
Document Size: 40699
14 POLICE SERGEANT CHRISTOPHER BUTCHYK v. BOROUGH OF CALDWELL -- rank: 601
... seek review of defendants' disciplinary conviction action was governed by N.J.S.A. 40A: 14-150, which requires an employee of a non-civil service municipality ... GAVE TIMELY NOTICE WITHIN THE TEN-DAY TIME FRAME, PER N.J.S.A. 40A:14-150. C. THE TRIAL COURT ERRED IN FAILING TO CONSIDER AND ... civil service municipality, Borough of Caldwell police are governed by N.J.S.A. 40A:14-150, which reads in pertinent part: Any member or officer of ... reference to preservation of his statutory right of review under N.J.S.A. 40A:14-150. In any event, plaintiff did not receive written notice of ... argues that equitable principles call for the relaxation of the N.J.S.A. 40A:14-150 ten-day timeframe for seeking review of his termination, citing ...
docket: a3422-19
court: NJ Superior Court Appellate Division
decided: 2021-12-07
status: Unpublished
citation:
Document Size: 19082
15 BOROUGH OF FRANKLIN v. APPELLATE DIVISION JEFFREY R. SMITH -- rank: 601
... and due process as well as the legislative intent of N.J.S.A. 40A:14-150. Relying upon the doctrine of fundamental fairness articulated in Doe ... service jurisdictions. Further, according to Smith, the legislative intent behind N.J.S.A. 40A:14-150, which governs discipline of police officers in non-civil service ... Super. 42, 53 (App. Div. 2020). Because the language of N.J.S.A. 40A:14-150 is clear and does not 'lead[] to an absurd result ... 19 9 Smith accurately asserts that the legislative history of N.J.S.A. 40A:14- - 150 indicates the statute was intended to 'make more uniform the ...
docket: a2545-19
court: NJ Superior Court Appellate Division
decided: 2021-03-08
status: Published
citation:
Document Size: 32334
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