|
|||||||||||||
|
MUNICIPAL CLIENT ALERT: October 2008 Mandate to Pay for State Police Overruled Laddey, Clark & Ryan was in the forefront of a decision on October 22, 2008 when the New Jersey Council on Local Mandates ruled that it is unconstitutional for the State to ask the 89 municipalities serviced by the New Jersey State Police to pay for part of that service. Attorney Michael S. Garofalo was a lead attorney and successfully argued the case for the municipalities, including several Sussex County municipalities, that this year’s New Jersey State Budget violates the law prohibiting unfunded State Mandates. The Council’s ruling cannot be appealed to the courts and, therefore, is a final determination. The State Police was established 89 years ago, in 1921, and their function “shall primarily be employed in furnishing adequate police protection to the inhabitants of rural sections…” For the last 89 years, this mandate has been followed until the current budget which attempted to foist that obligation on the rural communities. Mr. Garofalo, joined by other counsel through the state, convinced the independent Council on Local Mandates that the budget violated the New Jersey Constitution Amendment passed in 2006. "I am delighted for our clients and all the municipalities that were faced with having to find the money to pay for State Police coverage. This attempt by the State to pass its’ obligation on to rural communities has been stopped,” said Garofalo. Mr. Garofalo is a member of the Laddey, Clark & Ryan Municipal Practice Group. This Laddey, Clark & Ryan, LLP Client Alert provides information of general interest to our readers. It is not intended, and should not be used, as a substitute for consultation with legal counsel. If you have any questions regarding specific issues raised in this Client Alert, you may contact Laddey, Clark & Ryan at (973)729-1880. The Municipal Practice Group
|
|||||||||||||
