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Posts by Robert A. Fagella

Updates: Cannabis decisions and PTC licensing rules

By Robert A. Fagella | October 6, 2023

NJ State PBA Legal Corner  By Robert A. Fagella, Esq., and Paul L. Kleinbaum, Esq.  In the July issue of NJ Cops Magazine, we reported on a decision by an…

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NJSPBA fights lawsuits challenging constitutionality of Daniel’s Law and 180-day rule

By Robert A. Fagella | September 1, 2023

NJ State PBA Legal Corner  By Robert A. Fagella, Esq. and Paul L. Kleinbaum, Esq.  The State PBA has participated in many cases in which it is not a direct…

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Update: Officer’s off-duty use of cannabis

By Robert A. Fagella | July 31, 2023

NJ State PBA Legal Corner  By Robert A. Fagella, Esq. and Paul L. Kleinbaum, Esq. In the November 2022 issue of NJ Cops Magazine, we reported on a decision by…

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Failure to rehire officer based on Brady/Giglio upheld by court

By Robert A. Fagella | June 21, 2023

NJ State PBA Legal Corner  By Robert A. Fagella, Esq. and Paul L. Kleinbaum, Esq.  In December 2019, the attorney general issued Law Enforcement Directive 2019-6 requiring county prosecutors to…

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Union representation during outside agency investigation

By Robert A. Fagella | June 21, 2023

NJ State PBA Legal Corner  By Robert A. Fagella, Esq. and Paul L. Kleinbaum, Esq. As everyone should know, a law enforcement officer is entitled to representation during an investigatory…

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Irrevocable resignation nullifies disability retirement eligibility

By Robert A. Fagella | May 3, 2023

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…

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Will evidence by cannabis ‘WIREs’ be admissible?

By Robert A. Fagella | April 5, 2023

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…

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Court affirms discharge for social media posts

By Robert A. Fagella | March 2, 2023

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…

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Updates: Daniel’s Law goes into effect and Civil Service reverses West New York cannabis decision

By Robert A. Fagella | January 24, 2023

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…

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AG issues new discipline disclosure directive

By Robert A. Fagella | December 29, 2022

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…

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