As reported by nj.com, citing rampant crime and Mayor Tony Mack’s federal indictment on corruption charges, the State Policemen’s Benevolent Association President became the latest official to demand Mack step down from office.

PBA President Anthony Wieners said Trenton and its layoff-depleted police force need help immediately. “The recent wave of violence in Trenton shows that the Mayor has lost control of the situation and his indictment has made it impossible for him to effectively work with state leaders,” Wieners said in a press release.

Mack was indicted in December on six counts of bribery, wire fraud, mail fraud and extortion following a nearly two-year FBI sting operation. He pleaded not guilty and has a trial date set for next January.

“When an officer is indicted they are immediately suspended, but the Mayor gets to retain his post while under indictment,” Wieners said. “A court will determine his guilt or innocence but the people and officers of Trenton can’t wait for help until then.”

Violence in Trenton has increased markedly from last year. Nearly 150 people have been shot in 2013, 22 of them fatally. This past weekend saw four homicides in less than 36 hours, bringing the total killings so far this year to 27.

In addition, to 140 unfilled positions in the police department due to mass layoffs in 2011 and retirements, Mack’s lack of leadership is fueling the crime problem, Wieners said. “I am today requesting that the county prosecutor take over the Trenton Police Department temporarily to allow for a redirection of resources and to facilitate the hiring of the officers needed to take Trenton back from the criminals who are destroying it,” he said.

A number of elected officials have previously said Mack should resign, including New Jersey Governor Chris Christie, State Senate President Stephen Sweeney, and local legislators.

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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.