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August 6, 2021
I. State Issues
II. Federal Issues
III. COVID-19 Weekly Update
Municipal Clerks: Please forward to your Mayor, Governing Body, and Department Heads.
To assist in providing guidance and information we have created a COVID-19 resource page. We will continue to update the page as we get pertinent information and include announcements in our Daily Updates.
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I. State Issues
a. NJ Supreme Court Issues Opinion Related to Tort Claims Act
The New Jersey Supreme Court this week released its opinion in Estate of Gonzales v. Jersey City, a case which the League participated in as amicus. In this case the Court was asked to determine whether or not the actions of police officers were ministerial in nature such that they were not immune from liability under the Tort Claims Act (TCA).
Liability under the TCA depends on whether the conduct of individuals acting on behalf of the public entity was ministerial or discretionary. When a public entity’s or employee’s actions are discretionary, liability is imposed only for palpably unreasonable conduct. Meaning, a public entity is shielded from liability only if the behavior of the employee is patently unacceptable under any given circumstances. Liability for ministerial actions, in contrast, is evaluated based on an ordinary negligence standard, which requires only a breach of reasonable care in order to assert liability and a much easier standard for plaintiffs to overcome. Ministerial acts are those which a person performs in a given state of facts in a prescribed manner in obedience to the mandate of legal authority, without involving personal judgment or conscience.
In the Gonzales matter, the trial court had granted summary judgment to the municipality and its police officers, concluding that the TCA’s immunity from liability applies as a matter of law. The Appellate Division reversed and remanded the case for trial, holding that the acts alleged against the police officers were ministerial and non-immune under the TCA. The Supreme Court ruled that it was a jury question as to whether the officers’ conduct was ministerial, for which the ordinary negligence standard applies, or discretionary, and if discretionary, whether the officers’ conduct was palpably unreasonable.
The League would like to thank Robert Renaud Esq., of Renaud DeAppolonio, who represented the League as amicus in this matter. You should review this ruling with your municipal attorney and chief of police for additional information.
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.
b. Governor Signs Housing Eviction Prevention and Utility Assistance Laws
Earlier this week Governor Murphy signed into law two bills providing eviction prevention and utility assistance for renters who have been financially impacted by COVID-19.
S-3691 appropriates an additional $500 million for the COVID-19 Emergency Rental Assistance Program (CVERAP) for the Eviction Prevention Program and $250 million for utility assistance, both programs administered by the New Jersey Department of Community Affairs. The bill also mandates new eviction and foreclosure moratorium deadlines and special eviction protections for tenants who were directly impacted by the pandemic. This legislation will continue the eviction moratorium through August for all state residents with household incomes below 120% Area Medium Income (AMI) and through the end of the year for certain households with incomes below 80% AMI. P.L. 2021, c.188 took effect on August 4, 2021.
A-4463 provides additional protections for individuals who were unable to pay rent during the public health emergency by mandating that court records pertaining to their non-payment during this period be kept confidential. In addition, when evaluating a prospective tenant a landlord cannot consider non-payment during an emergency period. P.L. 2021, c. 189 takes effect December 1, 2021 but will apply to landlord-tenant actions filed with the court between March 9, 2020 and the end of the emergency period. However, the penalties associated with the new law apply prospectively.
Contact: Lori Buckelew, Assistant Executive Director, lbuckelew@njlm.org, 609-695-3481, x112. c. New Email Address for PERC Grievance Filings and Responses
Part of recent revisions to the Public Employee Relations Commission’s Grievance Arbitration Regulations (N.J.A.C. 19:12-5.2) includes a new email address for the submission of certain filings. Effective immediately, all grievance filings and responses shall be filed at the following email address: grievance@perc.state.nj.us. This includes Requests for Submission of a Panel of Arbitrators, Panel Responses, and correspondence.
All emails should include the Docket Number in the subject line of all panel responses. All other Agency filings may continue to be sent to mail@perc.state.nj.us.
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.
d. Governor Signs Legislation Establishing Regional Municipal Court Pilot Program
On Thursday Governor Murphy signed S-3049/A-5176 into law. This law establishes a regional municipal court pilot program. The Administrative Office of the Courts will establish the pilot program in no fewer than two qualified counties and no fewer than five municipalities in each county. Under the criteria Atlantic, Cape May, Salem, Cumberland, Gloucester, Hunterdon, Somerset, Warren, Morris and Sussex counties would qualify. The municipalities and counties must apply to the Administrative Office of the Courts to participate in the pilot program.
The regional municipal court would have jurisdiction over all matters falling within the jurisdiction of the municipal courts that are part of the pilot program. The nomination and appointment of the judge would be made by the Governor with advice and consent of the Senate. The vicinage assignment judge would have the authority to make a temporary appointment in the event of a vacancy.
All fines and costs collected by a regional municipal court would be the same as currently provided by law for municipal courts. The regional municipal court would retain these monies on a pro rata basis equal to the costs incurred associated with the operations of the court. The remainder of the fines and costs collected by the regional municipal court would be distributed in accordance with existing law for deposit in various funds, such as Automated Traffic System Fund or the Emergency Medical Technician Training Fund.
In support of consolidated court operations, a county participating in the pilot program could assess participating municipalities, based on their equalized value, for the regional court’s budget.
This new law takes effect on October 4, 2021 but the Administrative Director of the Courts may take anticipatory action necessary for the implementation of the pilot program.
Contact: Lori Buckelew, Assistant Executive Director, lbuckelew@njlm.org, 609-695-3481, x112. |
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II. Federal Issues
a. Highlight Infrastructure on Social Media
We need your assistance in illustrating the need for infrastructure funding. It is critical that New Jersey municipalities highlight infrastructure needs and successes on social media and tag their members of congress. It’s a simple process:
Identify an infrastructure need or success in your municipality, such as a road or bridge in need of repair, or a recently completed water utility project. Post the pictures along with a brief caption on Twitter and Facebook. If there a news article, please include it. Use the hashtags #RebuldWithUs and #LeadWithInfrastructure
Showcasing municipal success stories and highlighting continued needs will help push Congress to take action to pass legislation investing in future infrastructure. Examples of tweets and other social media postings can be viewed on the League’s Social Media Sample Page.
Here are a few examples of tweets:
@CityofNewarkNJ lead line replacement program is almost done removing more than 19K pipes in 26 months and is a national model. https://tinyurl.com/ksrrp934 #RebuldWithUs #LeadWithInfrastructure #Pipes #Water @Senator Menendez @CoryBooker @RepDonaldPayne @NJ_League
@CityofCamdenGov completed the Von Nieda Park Stormwater Management & Park Improvement Project to mitigate flooding in Cramer Hill Neighborhood. #RebuildWithUs #LeadWithInfrastructure #Stormwater #Flooding @SenatorMenendez @SenBooker @DonaldNorcross @NJ_League
If you would like assistance in crafting your social media message or need additional information please reach out to Paul Penna at the League with any questions.
Contact: Paul Penna, Legislative Analyst, ppenna@njlm.org, 609 695-3481, x110.
b. American Rescue Plan Compliance Reporting Dates
The first reporting deadlines are approaching for American Rescue Plan State and Local Federal Recovery Funds. For more information, please read the League’s recent blog post that includes deadlines by the type of report and type of municipality in a helpful chart.
Contact: Paul Penna, Legislative Analyst, ppenna@njlm.org, 609 695-3481, x110. |
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III. COVID-19 Weekly Update
Today Governor Murphy announced that all students, educators, staff, and visitors will be required to wear masks inside of all school buildings regardless of vaccination status for the start of the 2021-22 academic year (Executive Order 251). The Governor noted that as soon as conditions permit the mask requirement will be lifted. While making the announcement, the Governor also noted that school will be opened for full time in-person instruction.
Earlier in the week the Governor announced that all workers in a range of healthcare facilities and other high-risk congregate settings are required to either complete a full vaccination course or undergo regular testing at a minimum of once to twice a week. All impacted facilities, are to be in full compliance by September 7th. There will be no exceptions or extensions. This mandate will apply to all staff entering a healthcare facility or congregate living setting, including the Ancora, Greystone Park, Trenton Psychiatric Hospitals, the Ann Kline Forensic Center, the veterans' homes in Paramus, Menlo Park, and Vineland, all state developmental centers, state correctional and juvenile justice facilities, and county-run correctional facilities, long-term care and assisted living facilities, acute care and specialty hospitals, short-term and post-acute inpatient rehabilitation facilities, and licensed behavioral health facilities. The Governor noted that all private sector employers may have a more ambitious timeline or to require either a more rigorous testing regime or completely eliminate the testing option and require all employees to be vaccinated as a matter of their continued employment.
COVID Data for August 6, 2021:
- 1,249 new positive cases for a total of 913,845 confirmed cases
- 7 new confirmed deaths for a total of 23,917 confirmed deaths
- The rate of transmission is at 1.37
- 10,584,547 vaccine doses have been administered, including 5,804,030 who have received at least one dose and 5,175,321 who are fully vaccinated. 56% are Pfizer, 40% Moderna, and 4% J&J.
Executive Order 251
Executive Order 251: requires all public, private, and parochial preschool programs and elementary and secondary schools, including charter and renaissance schools, to maintain a policy regarding mandatory use of face masks by staff, students, and visitors in the indoor portion of the school district premises. There are exceptions for children under the age of 2; individuals that have trouble breathing, is unconscious, incapacitated or otherwise unable to remove a face masks without assistance; when a student's documented medical condition or disability, as reflected in an Individualized Education Program (IEP) or education plan, precludes the use of a face mask; when the individual is engaged in activity that cannot physically be performed while wearing a mask, such as eating or drinking, or playing a musical instrument that would be obstructed by a face mask; when the individual is engaged in high-intensity aerobic or anaerobic activity; when a student is participating in high-intensity physical activities during a physical education class in a well-ventilated location and able to maintain a physical distance of six feet from all other individuals; when doing so would inhibit the individual's health, such as when the individual is exposed to extreme heat indoors; or when wearing a face mask creates an unsafe condition in which to operate equipment or execute a task.
Vaccine Information
As a reminder, the Department of Health is providing access to individuals COVID vaccination records through NJ Docket, a secure and free smartphone app Docket, which is CDC approved.
Homebound residents who have not yet connected with their local health department, or a home health agency, and who need an in-home vaccination should visit www.covid19.nj.gov/homeboundvax or contact the call center at 855-568-0545.
Contacts: _______________________________________________________________________
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