Today the New Jersey Supreme Court issued a 5-2 decision denying the NJ State PBA’s request to stay the order of the Appellate Division that upheld Governor Murphy’s vaccination mandate that applies to all State and County Correctional Police Officers. Despite two justices voting in favor of granting our request for a stay, we recognize that the Court has spoken.

The State PBA along with our 11,000 members that are affected by this mandate are disappointed that we were unsuccessful in this challenge. We are currently reviewing this decision with legal counsel to ensure that our members have a firm understanding of the decision and can undertake any individual appellate rights that they may have available to them.

The New Jersey Superior Court this morning dismissed the State PBA lawsuit challenging Governor Murphy’s mandate that correctional police officers receive the Covid vaccine or face termination.

We are obviously extremely disappointed with the Court’s decision to uphold the vaccine mandate for correctional police officers.  This is not only a loss for these officers to make their own medical decisions, but it is going to have damaging public safety consequences should layoffs result from it.  Testing and masking were not an unreasonable approach to limit the spread of a virus that seems to be retreating.  In fact, in New Jersey and all around the world Covid restrictions are being lifted.  It makes no sense for New Jersey to double down on one set of employees while removing restrictions for countless others.

Firing correctional police officers for not getting the vaccine is a disaster for public safety.  Staffing in corrections is already a challenge and terminations for vaccine violations is going to lead to massive gaps in safety at our jails.  This is most certainly going to lead to more attacks on the remaining officers, who will be overworked with forced overtime.  We therefore fail to understand the value of risking public safety in exchange for a vaccine that simply is not a 100% defense against a pandemic that experts say is moving toward its conclusion.

We are grateful to Frank Crivelli, Esq. for his leadership in taking on this case and we know he is examining the decision to determine what future action is possible to address it.

Governor Murphy signed two bills of great importance to the State PBA today prior to the end of his first term in office.  The State PBA had initiated the drafting and quick movement of the bills to address two serious and pressing needs for PBA members across the State.  These bills close out a highly successful legislative session for State PBA initiated bills to protect and enhance the law enforcement profession in New Jersey.

First, in order to address a law and AG policy that prohibited an officer from reviewing their Body Worn Camera (BWC) footage when writing their initial reports, the State PBA proposed Assembly Bill 5864 to correct the policy.  The bill signed by the Governor today expressly permits an officer to review their BWC when writing initial reports except in certain matters relating to the use of a firearm, death, violation of the excessive use of force policy or other similar serious matters.  

The law will ensure accuracy in countless police reports and assist officers to properly record a situation.  The State PBA is grateful to the bill sponsor and State PBA member, Assemblywoman Shanique Speight, for her leadership in pushing the bill and to Governor Murphy for working with the State PBA on it.

Second, in order to address the depletion of public safety spending on officer salary and equipment in Atlantic City since the State takeover of the city, the State PBA worked closely with Senate President Steve Sweeney and the State FMBA on a bill to establish a $2 room fee on every casino hotel guest room that will be set aside in a special fund for use only for officer salary, training, retention and equipment.  

Senate Bill 4311 will raise millions per year that will restore Department funding and officer morale to the Atlantic City Police Department.  The bill will assist in retaining officers in the Department and provide much needed finances to restore officer salary that was cut before and after the State takeover six years ago.  The State PBA is truly grateful to Senator Sweeney for immediately saying yes when asked to sponsor this bill and, along with Speaker Coughlin, for making it a lame duck priority.  We applaud Governor Murphy for working with us to develop additional language to ensure that the money is secured and its spending prioritized to benefit the Officers and the City.

In a private ceremony in his office Governor Murphy today signed into law legislation the State PBA has pursued for years to ban police departments from using tickets and citations as a way to evaluate as well as punish officers.  The new law removes tickets and citations issued by an officer from their “performance evaluations” and prevents discipline for officers using tickets as a justification. 

“For far too long unscrupulous local governments and police supervisors have tried to establish inappropriate ticket quotas,” State PBA President Pat Colligan said after the signing.  “Police officers are not revenue collectors as some towns have tried to make them and creating quotas means ordering an officer to target motorists or face punishment.  That ends today.”

The private bill signing was attended by State PBA leadership in recognition of the PBA’s initiation of the bill and its pursuit of passing it this session. 

“I want to thank our sponsors Senator Turner, Senator Addiego, Assemblyman Wirths, Assemblyman Taliaferro and all the co-sponsors for taking on this fight for us”, Colligan said. “This law will go far to further build trust between New Jersey police and the public.”

Governor Murphy’s office has advised us that he will today sign legislation proposed by the State PBA to reinstate the 20 and Out retirement benefit for PFRS members. The State PBA has been actively pushing the Legislature to restore 20 and Out after it was gutted by the Christie Administration. The State PBA, who drafted the bill and selected the sponsors, appreciate the support of the Governor to return fairness to our members retirement options.

We are also grateful to the bills prime sponsors - Senator Gopal, Senator Lagana, Assemblyman DeAngelo, Assemblyman Dancer and Assemblywoman Chaparro - as well as Senate President Sweeney and Speaker Coughlin who prioritized moving the bill at our request.

The legislation will reestablish 20 and Out as a retirement option for PFRS members for the next 2 years. Members who qualify during that time period will receive a pension of 50% of their final salary but with no health benefits. The 2 year window will allow the State PBA, PFRS Board and legislative leaders to study the impact of the retirement benefit on the funded level of the pension system.

At a time when law enforcement has become more hazardous, more stressful and more unappreciated as ever before, this retirement option will give a level of peace of mind to our members who have been “burned out” by the job. The State PBA will continue to prioritize protecting and strengthening the pension and benefit rights available to the law enforcement community in New Jersey and today’s bill signing is just another example of that.