Posts by Robert A. Fagella
Irrevocable resignation nullifies disability retirement eligibility
NJ State PBA Legal Corner By Robert A. Fagella, Esq. and Paul L. Kleinbaum, Esq. A law enforcement officer is ineligible for disability retirement benefits if he or she irrevocably…
Read MoreWill evidence by cannabis ‘WIREs’ be admissible?
NJ State PBA Legal Corner By Robert A. Fagella, Esq. and Paul L. Kleinbaum, Esq. In the September issue of NJ Cops Magazine, we wrote about a decision issued by…
Read MoreCourt affirms discharge for social media posts
NJ State PBA Legal Corner By Robert A. Fagella, Esq. and Paul L. Kleinbaum, Esq. In the Internet era, the boundary between our private and public lives has become increasingly…
Read MoreUpdates: Daniel’s Law goes into effect and Civil Service reverses West New York cannabis decision
NJ State PBA Legal Corner By Robert A. Fagella, Esq., Paul L. Kleinbaum, Esq. Daniel’s Law, which was enacted in 2020, amends the Open Public Records Act (OPRA) and other…
Read MoreAG issues new discipline disclosure directive
NJ State PBA Legal Corner By Robert A. Fagella, Esq., Paul L. Kleinbaum, Esq. The attorney general issued the Attorney General Law Enforcement Directive No. 2022-14 in November. It concerns…
Read MoreFired officer reinstated after positive cannabis test
NJ State PBA Legal Corner By Robert A. Fagella, Esq., Paul L. Kleinbaum, Esq. As we have discussed in previous articles, there is a great deal of uncertainty about how…
Read MoreSpecial master concludes that drug recognition experts are reliable to testify
NJ State PBA Legal Corner By Robert A. Fagella, Esq., Paul L. Kleinbaum, Esq. As a result of the recent passage of the recreational cannabis law known as the New…
Read MoreCourts upholds retired officers’ right to carry concealed weapons
NJ State PBA Legal Corner By Robert A. Fagella, Esq., Paul L. Kleinbaum, Esq. As a result of a recent decision by a federal court in New Jersey, qualified retired…
Read MoreDiscipline for inability to perform the job
NJ STATE PBA LEGAL CORNER By Robert A. Fagella, Esq., Paul L. Kleinbaum, Esq. It is not uncommon for law enforcement officers to find themselves in a position in which…
Read MoreInternal Affairs reports not disclosable under OPRA but may be disclosed under common law
NJ STATE PBA LEGAL CORNER By Robert A. Fagella, Esq., Paul L. Kleinbaum, Esq. The issue of whether internal affairs reports are disclosable under the Open Public Records Act (OPRA)…
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