Recently, the Appellate Division issued an opinion in the case New Jersey State Police v. Trooper Brandon Bruns that addressed an officer’s failure to report the misconduct of another off-duty officer. In that case, following an internal investigation, the New Jersey State Police served a charge upon the appellant for his failure to report the misconduct of an off-duty trooper to which the appellant had knowledge. Specifically, the appellant was charged with violating Article V, Section 8 of the New Jersey State Police’s rules and regulations.

The appellant denied the charge and the matter was referred to the Office of Administrative Law and an Administrative Law Judge (“ALJ”) for an evidentiary hearing. The ALJ rejected the appellant’s contention that he had no obligation to report the incident under the rules and regulations because he was off-duty at the time. The ALJ recommended that the appellant be suspended for thirty days, given this was the appellant’s third disciplinary infraction.  The appellant then appeal to the Appellate Division.

The Appellate Division affirmed, holding that the rules require members of the State Police to promptly report all crimes, breaches of the peace, misconduct, fires, and other significant events “that may come to [such] members’ attention.” In addition, the Court found the standard operating procedures provided that reportable incidents included “[a] complaint that a member [of the State Police] has engaged in misconduct whether on or off-duty.”  According to the Court, the appellant had more than sufficient information to report the trooper’s misconduct and, therefore, affirmed the violation for his failure to report.  More importantly, the Court held that the rules require a member to report crimes whether on or off-duty.

All New Jersey Public Safety Officers should be aware of their duties and responsibilities at all times. As this case illustrates, an Officer can be disciplined even though he/she did not engage in any misconduct, but failed to report the same, notwithstanding the alleged misconduct occurred in an off-duty capacity. Therefore, all Officers should be cognizant of the same to protect themselves going forward.  Please continue to check this blog periodically for important updates concerning all New Jersey Public Safety Officers.

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DONALD C. BARBATI, JR.

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.