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As reported by NJ.com, Senate leaders have spent weeks trying to build a supermajority to override Governor Chris Christie’s opposition to a Transportation Trust Fund tax package, a plan that also holds the fate of a voter referendum on public worker pensions.  And for the last week, they’ve said they’re within a vote or two of clinching the veto-proof majority.  However, Monday is the final deadline for the state Senate to act to place the referendum on the November ballot.

As recently as Thursday, Senate President Stephen Sweeney signaled that putting the referendum to voters this fall was a long shot, because the uncertainty of the Transportation Trust Fund fix posed a risk to funding and passing the pension amendment, which would require the State to gradually increase payments into the public pension system.  Public labor unions have objected to Sweeney’s refusal to put the referendum to a vote.  It already passed in the Assembly.  Workers rallied out the Statehouse and outside the Senate President’s South Jersey legislative office last week.  They booed when he adjourned last Monday’s Senate session without posting the legislation.

“The fact that Senate President Sweeney-at the 11th hour-will not post it for a vote is the exact reason we’re demanding a constitutional amendment,” Hetty Rosenstein, state director of the Communications Workers of America, said last week.  “There is no reason the pension should be a casualty of the Legislature’s inability to secure votes for the Transportation Trust Fund.  But every time there is some other political or economic issue, the pension is traded for it.”

The amendment was sought by labor leaders and pushed by Sweeney to combat years of underfunding and to replace a guarantee workers thought they’d secured under a 2011 pension law that was later invalidated by the State Supreme Court.  The pension, fund, which supports the retirement of 800,000 active and retired workers, is short $43.8 billion what it would cost to pay for future benefits.

Please continue to check this blog periodically to ascertain updates regarding any action and/or inaction regarding the public worker pension amendment.

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Photo of Donald C. Barbati Donald C. Barbati

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues…

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues litigated before the courts and administrative tribunals throughout the State of New Jersey. In addition, Mr. Barbati also routinely represents individuals in various types of public pension appeals, real estate transactions, and general litigation matters. He is a frequent contributor to the New Jersey Public Safety Officers Law Blog, a free legal publication designed to keep New Jersey public safety officers up-to-date and informed about legal issues pertinent to their profession. During his years of practice, Mr. Barbati has established a reputation for achieving favorable results for his clients in a cost-efficient manner.

Mr. Barbati has also handled numerous novel legal issues while representing New Jersey Public Safety Officers. Most notably, he served as lead counsel for the Appellants in the published case In re Rodriguez, 423 N.J. Super. 440 (App. Div. 2011). In that case, Mr. Barbati successfully argued on behalf of the Appellants, thereby overturning the Attorney General’s denial of counsel to two prison guards in a civil rights suit arising from an inmate assault. In the process, the Court clarified the standard to be utilized by the Attorney General in assessing whether a public employee is entitled to legal representation and mandated that reliance must be placed on up-to-date information.

Prior to becoming a practicing attorney, Mr. Barbati served as a judicial law clerk to the Honorable Linda R. Feinberg, Assignment Judge of the Superior Court of New Jersey, Mercer Vicinage. During his clerkship Mr. Barbati handled numerous complex and novel substantive and procedural issues arising from complaints in lieu of prerogative writs, orders to show cause, and motion practice. These include appeals from decisions by planning and zoning boards and local government bodies, bidding challenges under the Local Public Contract Law, Open Public Records Act requests, the taking of private property under the eminent domain statute, and election law disputes. In addition, Mr. Barbati, as a certified mediator, mediated many small claims disputes in the Special Civil Part.

Mr. Barbati received a Bachelor of Arts degree in history, magna cum laude, from Rider University in Lawrenceville, New Jersey. Upon graduating, Mr. Barbati attended Widener University School of Law in Wilmington, Delaware. In 2007, he received his juris doctorate, magna cum laude, graduating in the top five percent of his class. During law school, Mr. Barbati interned for the Honorable Joseph E. Irenas, Senior United States District Court Judge for the District of New Jersey in Camden, New Jersey, assisting on various constitutional, employment, and Third Circuit Court of Appeals litigation, including numerous civil rights, social security, and immigration cases.