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Posts by Robert A. Fagella

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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Fired officer reinstated after positive cannabis test

By Robert A. Fagella | December 15, 2022

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…

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Special master concludes that drug recognition experts are reliable to testify

By Robert A. Fagella | September 27, 2022

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…

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Courts upholds retired officers’ right to carry concealed weapons

By Robert A. Fagella | July 29, 2022

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…

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Discipline for inability to perform the job

By Robert A. Fagella | May 17, 2022

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…

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Internal Affairs reports not disclosable under OPRA but may be disclosed under common law

By Robert A. Fagella | April 17, 2022

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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Forced unpaid leave may be unlawful discipline

By Robert A. Fagella | April 13, 2022

NJ State PBA Legal Corner By Robert A. Fagella, Esq., Paul L. Kleinbaum, Esq. As implementation of mandatory COVID-19 vaccination policies increases, requests for medical and religious exemptions and reasonable…

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Federal Appeals Court ‘clarifies’ qualified immunity standard

By Robert A. Fagella | January 21, 2022

NJ State PBA Legal Corner By Robert A. Fagella, Esq., Paul L. Kleinbaum, Esq. In the November issue of NJ Cops Magazine, we reported on two U.S. Supreme Court cases…

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Federal law provides new opportunity for WTC responders

By Robert A. Fagella | December 21, 2021

NJ State PBA Legal Corner By Robert A. Fagella, Esq., Paul L. Kleinbaum, Esq. Although 9/11 occurred more than 20 years ago, the memory of that awful day remains fresh…

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New Jersey Cops Magazine is the voice of New Jersey Law Enforcement and the only monthly publication that provides direct access to more than 65,000 Law Enforcement professionals across the state of New Jersey.

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