Search Rutgers Law Library N.J. Court Opinions

1 STEVEN S. DEBENEDICTIS v. STATE OF NEW JERSEY -- rank: 1000

... appeals, arguing that the State Police "violated the provisions of [ N.J.S.A. 53:1-33] regarding the issuance of a complaint [with notice of a ... The first addresses whether the reprimand notice was timely under N.J.S.A. 53:1-33, and the second whether the Trooper's grievance request waived the statutory right to a hearing under N.J.S.A. 53:1-33. I. The pertinent statute, N.J.S.A. 53:1-33, governs discipline of State Troopers, and was approved in 2002 ... forth the charge or charges against the officer or trooper." N.J.S.A. 53:1-33. The written complaint must be filed and "served upon the ... protections contained within the statute. Besides requiring a written complaint, N.J.S.A. 53:1-33 also sets forth a time limit for filing the ...

docket:	A0311-04
court:	NJ Superior Court Appellate Division
decided:	2005-11-14
status:	published
citation:	381 N.J. Super. 233 885 A.2d 491
Document Size:	50074

2 Trooper Ronald Roberts, Jr. v. State of New Jersey, Division of State Police -- rank: 903

... has obtained the report of the internal disciplinary investigation. 1. N.J.S.A. 53:1-33, the statute that governs suspension and removal of State Troopers ... such as legislative history. When the bill that eventually became N.J.S.A. 53:1-33 was first proposed, it stated that the “45-day time ... pp. 6-9) 3. For purposes of evaluating timeliness under N.J.S.A. 53:1-33, the clock starts to run when the Superintendent of State ... that it was untimely. He contended that the governing statute, N.J.S.A. 53:1-33, imposes a limit of forty-five days on the filing ... State Police pointed out that the statutory time limit of N.J.S.A. 53:1-33 begins to run when the Superintendent, who is the person ... the statute that is at the heart of this dispute. N.J.S.A. 53:1-33, governing suspension and removal of State Troopers, provides in ...

docket:	a-62-06
court:	njsupreme
decided:	2007-06-21
status:
citation:	191 N.J. 516
Document Size:	43795

3 DIVISION OF STATE POLICE v. BRYCE MAGUIRE -- rank: 855

... parties to brief the following additional issue: In view of N.J.S.A. 53:1-33. See also N.J.S.A. 40A:14-147 (pertaining to municipal police officers and containing similar language as N.J.S.A. 53:1-33). N.J.S.A. 53:1-10 authorizes the Superintendent ... Maguire on October 7, 2002, the Division has complied with N.J.S.A. 53:1-33.                     III. We move on to address the question, we raised ... obligations, privileges, benefits or other legal relations of specific parties." N.J.S.A. 53:1-33 in 2002, granted permanently employed troopers the right to a ... 30 days from the date of service of the complaint," N.J.S.A. 53:1-33, and to express "concerns about whether the OAL could fast ... also do not consider the meaning of that portion of N.J.S.A. 53:1-33 affording troopers the right to waive a departmental hearing ...

docket:	a4922-02
court:	njappellate
decided:	2004-05-11
status:	published
citation:	368 N.J. Super. 564
Document Size:	19874

4 IN THE MATTER OF STATE TROOPER KEITH JUCKETT v. STATE OF NEW JERSEY -- rank: 749

... proceedings then pending against him. He alleged a violation of N.J.S.A. 53:1-33, which generally requires that a disciplinary complaint against a State ... d 191 N.J. 516 (2007), a case also involving N.J.S.A. 53:1-33, the trooper initially filed a challenge in the Law Division ... a disciplinary matter, before a hearing is held pursuant to N.J.S.A. 53:1-33, and before the Division has itself considered Juckett's argument ... The Supreme Court in Roberts , supra , construed the provision in N.J.S.A. 53:1-33 that tolls the forty-five-day period for filing disciplinary ... on the day after the disposition of the criminal investigation. [ N.J.S.A. 53:1-33.] The Court in Roberts held that the forty-five days ... final decision on the charges against him or her. See N.J.S.A. 53:1-33 (stating that a State trooper "may waive the right ...

docket:	a3557-12
court:	NJ Superior Court Appellate Division
decided:	2014-02-26
status:	unpublished
citation:
Document Size:	18353

5 NEW JERSEY STATE POLICE v. TROOPER NICOLE CUSANELLI -- rank: 727

... the charges for violation of the "forty-five day rule," N.J.S.A. 53:1-33. The NJSP filed its opposition on April 19, 2013, and ... the completed investigation report, they were timely filed pursuant to N.J.S.A. 53:1-33. On July 9, 2013, Cusanelli filed a motion for reconsideration ... challenges to the disciplinary proceedings. Cusanelli alleges a violation of N.J.S.A. 53:1-33, which provides in pertinent part: A complaint charging a violation ... certif. denied , 181 N.J. 545 (2004), we noted that N.J.S.A. 53:1-33 is "unambiguous and clear on its face, and consequently we ... of the criminal investigation, they should be dismissed pursuant to N.J.S.A. 53:1 33. Ibid. Our Supreme Court looked to the legislative history of ...

docket:	a5611-14
court:	NJ Superior Court Appellate Division
decided:	2017-02-22
status:	unpublished
citation:
Document Size:	42211

6 IN THE MATTER OF DETECTIVE SERGEANT CHRISTINE SHALLCROSS -- rank: 708

... suspension on appellant Detective Sergeant Christine Shallcross. She argues that N.J.S.A. 53:1-33 bars the imposition of discipline for events that occurred in ... add the following brief comments regarding appellant's contention that N.J.S.A. 53:1-33 bars this disciplinary action. N.J.S.A. 53:1-33 provides in relevant part: A complaint charging a violation of ... The Superintendent is the only "person filing the complaint" within N.J.S.A. 53:1-33, and, thus, is the only person who can trigger the ... charges well within the forty-five day period required by N.J.S.A. 53:1-33. Implicit in appellant's argument is the contention that N.J.S.A. 53:1-33 bars reopening of disciplinary cases no matter the good ...

docket:	a2820-10
court:	NJ Superior Court Appellate Division
decided:	2012-02-16
status:	unpublished
citation:
Document Size:	11870

7 IN THE MATTER OF SFC SCOTT TURNER 4931 -- rank: 695

... s decision was arbitrary, capricious and unreasonable, and contrary to N.J.S.A. 53:1-33 (the Statute) and the Court's holding in Roberts v ... disciplinary violation. Roberts , supra , 191 N.J. at 526 (citing N.J.S.A. 53:1-33). The Court has held receipt of an investigative report satisfies ... forty-five-day clock upon the "filing [of] the complaint." N.J.S.A. 53:1-33. The troubling issue in this case is when was the ... Ibid. Reversed and remanded. We do not retain jurisdiction. 1 N.J.S.A. 53:1-33 provides: A complaint charging a violation of the internal rules ...

docket:	a2479-14
court:	NJ Superior Court Appellate Division
decided:	2016-10-28
status:	unpublished
citation:
Document Size:	35879

8 TROOPER RONALD ROBERTS, JR., v. STATE OF NEW JERSEY DIVISION OF STATE POLICE -- rank: 660

... are again called upon to construe the time limitations of N.J.S.A. 53:1-33 applicable to determinations to remove, suspend or otherwise discipline members ... of the disciplinary charge and sought its dismissal pursuant to N.J.S.A. 53:1-33. After a motion by the State Police, the matter was ... extrinsic evidence provided by the statute's legislative history. Ibid. N.J.S.A. 53:1-33 was signed into law on January 8, 2002. As initially ... its presently existing form. We find that the interpretation of N.J.S.A. 53:1-33 advanced by Roberts fails to accord with the Legislature's ...

docket:	a5405-04
court:	njappellate
decided:	2006-07-19
status:	published
citation:	*CITE_PENDING*
Document Size:	43174

9 MONTCLAIR POLICE OFFICER JOSELITO NEBIAR v. TOWNSHIP OF MONTCLAIR -- rank: 608

... complaint. Like its counterpart applicable to State Police disciplinary matters, N.J.S.A. 53:1-33, the quoted statute balances "three competing considerations . . . the need for ... J. 516 , 522 (2007) (construing the identical time limitations of N.J.S.A. 53:1-33). The forty-five-day limitation period to file charges runs ...

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

10 /usr/local/share/www/libweb/collections/courts/appellate/a2779-18.opn.html -- rank: 567

... information' provision that starts the forty-five- day clock. See N.J.S.A. 53:1-33. Under that statute, 'it is not the happening of the ...

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Document Size:	26145

11 /usr/local/share/www/libweb/collections/courts/appellate/a3758-17.opn.html -- rank: 541

... deadline for filing disciplinary charges against State police officers under N.J.S.A. 53:1-33, which in relevant part is identical to the deadline for ... charges and the forty-five-day limitation period 2 Compare N.J.S.A. 53:1-33, which provides that a complaint against a State police officer ...

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

12 PATROL OFFICER JONATHAN GILES v. NEW JERSEY TRANSIT CORPORATION -- rank: 535

... is significant." Roberts , supra , 191 N.J. at 524 (citing N.J.S.A. 53:1-33). Receipt of the investigatory report by the person who has ...

docket:	a3853-08
court:	superior court trial
decided:	2011-02-23
status:	unpublished
citation:
Document Size:	38306

13 /usr/local/share/www/libweb/collections/courts/appellate/a1472-15.opn.html -- rank: 499

... and increased the suspension to 120 days. Plaintiff appealed, arguing ' N.J.S.A. 53:1-33 bars the imposition of discipline [in 2011] for events that ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	20031

14 IN THE MATTER OF JUAN RODRIGUEZ -- rank: 474

... added).] Like its counterpart applicable to State Police disciplinary matters, N.J.S.A. 53:1-33, the quoted statute balances "three competing considerations. . . . the need for ... J. 516 , 522 (2007) (construing the identical time limitations of N.J.S.A. 53:1-33). The forty-five-day limitation period to file charges runs ...

docket:	a2461-12
court:	NJ Superior Court Appellate Division
decided:	2014-12-19
status:	unpublished
citation:
Document Size:	25957

15 SERGEANT MARYELYN CONWAY v. NEW JERSEY TRANSIT CORPORATION and NEW JERSEY TRANSIT POLICE DEPARTMENT - -- rank: 451

... of State Police , 191 N.J. 516 , 524 (2007) (citing N.J.S.A. 53:1-33). In Aristizibal v. City of Atlantic City , 380 N.J ...

docket:	a4033-08
court:	superior court trial
decided:	2011-02-23
status:	unpublished
citation:
Document Size:	30273