NJ Cops | Page 10

State Supreme Court agrees to hear pension funding case As we reported in the March issue of NJ COPS, Judge Mary Jacobson ruled in favor of the NJ State PBA and other New Jersey labor unions in concluding that the Gov. Christie administration violated its Chapter 78 funding obligations by failing to make the full pension contribution for Fiscal Year (F/Y) 2015. That same issue is pending in a new lawsuit which we just filed for F/Y 2016. The state recently filed an appeal of that decision to the New Jersey Appellate Division. Shortly thereafter, it filed a request to the State Supreme Court to hear the case directly. We have supported that application because this issue is far too important to be delayed through review of an intermediate appellate court and must ultimately be addressed by the Supreme Court. We are pleased to advise that the Supreme Court has now taken the case and agreed to hear it on an expedited basis. Briefs are due by the time we go to press, and oral argument on the case is scheduled for May 6. This is shaping up to be one of the most important cases decided by the Supreme Court this term, or possibly any term. It is likely to address the issues of how to characterize pension rights, the circumstances in which pension obligations can be relaxed and what obligation the state and the governor have to make the contribution amounts owed for 2015 and 2016. We expect a decision by June 30, and, of course, we will keep you advised. Court sets standards for employer liability for harassment/hostile work environment complaints Recently, the New Jersey Supreme Court issued a significant decision which will have an impact on the ability of a law enforcement officer, and any public employee, to pursue harassment complaints. The decision also addresses when, and under what circumstances, an employer can be held liable for the actions of supervisory officers and employees. In Aguas v. State, the Supreme Court concluded that the State Department of Corrections (DOC) may have had a valid defense to a correction officer’s complaint of sexual harassment by two of her supervisors if the employee did not reasonably follow the DOC’s harassment policy. The court also adopted a broader definition of who can be considered a “supervisor” for purposes of establishing an employer’s liability. Like most employers, the DOC had issued a written policy prohibiting discrimination in the workplace, and prohibiting sexual or gender-based harassment of any kind, among other prohibited conduct. The policy encouraged employees to report incidents to a supervisor or to the DOC’s Equal Employment Division but did not require employees to submit the report in writing. A corrections officer subsequently claimed that she complained of sexual harassment by two of her supervisors on several occasions. While Zazzali, Fagella, Nowak, Kleinbaum & Friedman Representing the New Jersey State PBA, local PBAs, and law enforcement officers for more than 40 years: Contract negotiations and interest arbitration; Contract grievances and grievance arbitration; All disciplinary appeals and unfair practice charges; Discrimination and whistleblower cases; Disability pension appeals; All aspects of State and Federal litigation; State PBA Legal Protection Plan; Practice before PERC, Civil Service Commission, PFRS and other State agencies. 10 NEW JERSEY COPS ■ APRIL 2015 www.zazzali-law.com [email protected] Newark One Riverfront Plaza Suite 320 1037 Raymond Boulevard Newark , NJ 07102 Tel: [phone] Fax: [phone] Trenton 150 West State Street 3rd Floor Trenton, NJ 08608 Tel: [phone] Fax: [phone]