Legal Questions and Answers - New Jersey League of Municipalities

Legal Q & A

Matthew Weng is Staff attorney for the League. In his monthly column in New Jersey Municipalities Magazine, he answers legal questions received by him that are determined to be of general interest to League members. You can contact Matthew Weng, Esq at (609) 695-3481 ext 137.

May 2013	Nepotism and Officers or Appointees Serving Beyone Their Time
Apr. 2013	Regulating BYOB Restaurants and Residency Requirements for Elected Officials
Mar. 2013	Incomplete Bids and Employee Discipline in Civil Service Towns
Feb. 2013	Defining an Unfunded Mandate and Signature Requirements for Ballot Initiatives
Jan. 2013	Preemption Law abd the Difference Between an Initiative and a Referendum
Dec. 2012	Requirements for Bond Ordinances and the Municipal Family Doctrine
Nov. 2012	The Open Public Meetings Act Requirements and the Red Light Camera Pilot Act
Oct. 2012	Third Party Management of Public Records and Restrictions on Videotaping of Public Meetings
June 2012	Immunity from Defamation and Liquor License Renewals
May 2012	Public Records Requests, Ethics Law and Free Speech
Apr 2012	Meeting Minutes and Salary Changes
Mar 2012	Filling Council Vacancies and Records Requests
Feb 2012	Meeting Notice Requirements and Taxpayer Bankruptcy
Jan 2012	Executive Session Minutes and Civility Codes
Dec 2011	Age Discrimination and the Mayor's Veto
Nov. 2011	The Prompt Payment Law and Salary Requirements for Tenured Borough Clerk/Administrators
Oct. 2011	Filling Councilmember Vacancies and the Deliberative Process Privilege
Jun. 2011	Two Ethics Related Questions
May 2011	Public Employee Liability and Limits on Farm Animals
Apr, 2011	Lawsuits and Open Public Records, Whistleblower Laws and Non-binding Referenda
Mar. 2011	OPRA Requests for Confidential Seettlements, a Mayor's Solemnization Powers, and Developer Escrow Accounts
Feb. 2011	Incompatibility of Office and New Scruting for Gun Ordinances
Jan. 2011	OPRA Funding Request and Adjustment Board Jurisdiction
Dec. 2010	Tree Banks, the Private Sale of Property and Council Meeting Minutes
Nov. 2010	Open Public Meeting Act Issues
Oct. 2010	Public Comment, CFO Hiring Requirements
Jun. 2010	Local Free Speech Issues
May 2010	Guidelines for Former Municipal Employees and Public Sector Drug Testing
Apr. 2010	Videotaping Meetings and Indemnity for Public Employees
Mar. 2010	Mayor Appointees and the Timing of Voter Referendums
Feb. 2010	Public Intoxication and the Position of Fire Marshall
Jan. 2010	Absentee Policy and Mayor Appointments
Dec. 2009	Loitering and Non-partisan Elections
Nov. 2009	Conflicts of Interest and Personal E-Mail
Oct. 2009	Keg Registration and Low Speed Vehicles
Jun. 2009	Variances to Redevelopment Plans and the Regulation of Inflatable Signs
May 2009	Ordinances for Voter Referendum, Lead Paint and Official Newspapers
Apr. 2009	CEPA Claims and Conflicts of Interest
Mar. 2009	Accidental Disability Retirement and Progressive Discipline
Feb. 2009	Marriage and Civil Union Ceremonies and Rezoning
Jan. 2009	Zoning Questions and the Doctrine of Necessity
Dec. 2008	The Attorney's Advice Defense, OPRA Forms and Conflicting Positions
Nov. 2008	Alumnae Conflict and Progressive Discipline
Oct. 2008	Incompatible Offices, Voting by Alternative and Appointing Deputy Mayors
Jun. 2008	Eminent Domain, the Position of Council Attorney and Municipal Attorney Conflicts
May 2008	Relocation Assistance, Marriage Officials and the City Form of Government
Apr. 2008	The Fireman's Liability and Disability Benefits
Mar. 2008	Whistleblower Protection Diversity and Library Privacy
Feb. 2008	OPRA Court Fees, Environmental Disclosure and Smoke-Free Zones
Jan. 2008	Garbage Collection and Municipal Court Administrator Certification
Dec. 2007	Payroll Taxes for Elected Officials, Public Bidding and Gifts
Nov. 2007	The Videotaping of Meetings and Fees for Ceremonies
Oct. 2007	Tax Liens and Foreclosure
Jun. 2007	Lien Priority, Forfeiture of Office and Non-Resident Employees
May 2007	Forfeiture of Public Office and the Removal of the Municipal Attorney
Apr. 2007	Statute of Limitations and Notice of Land Use Hearings
Mar. 2007	Loitering Ordinances, the 'Whistleblower Act' and Recreation Commissioners
Feb. 2007	Gifts, Forfeiture of Public Office and Attorney Appointments
Jan. 2007	Letters of Credit and Civilian Police Directors
Nov. 2006	Redevelopment Designation and Preferential Treatment for Local Businesses
Oct. 2006	Local Traffic Regulation and the Hotel/Motel Tax
Jun. 2006	The Pitfalls of Email Use and the Role of the Mayor Under the Faulkner Act
May 2006	Acting Officials, Construction Retainage and Name Changes
Apr. 2006	OPRA Requests, Mayors' Powers and Cash Awards
Mar. 2006	Financial Disclosure Forms and Police Brutality
Feb. 2006	Farmland Assessment, Noise Ordinances and the Municipal Vacancy Law
Jan. 2006	What Constitutes a Conflict of Interest?
Dec. 2005	Nonconforming Use, Termination Decisions and Public Comment
Nov. 2005	Fees for Public Advocate Representation and the Law Against Discrimination
Oct. 2005	Self-created Hardship and Conflict of Interest
Jun. 2005	Annexation and the Open Public Meetings Act
May 2005	Self-Created Hardships and Charter Changes
Apr. 2005	Required Bid Information and Forfeiture of Public Employment
Mar. 2005	Liability on Private Property and the Political Committee's Role in Filling Vacancies
Feb. 2005	Valuation of Potentially Contaminated Property, Legal Searches and the Open Public Records Act
Jan. 2005	Employment, Complaint Litigation and Defiant Trespass
Dec. 2004	Benefits for Domestic Partners and the Ethics of Voting for a Spouse
Nov. 2004	Civil Service 'Opt Out,", Open Public Meetings Act and Retirement Health Benefits
Oct. 2004	Municipal Solicitation Ordinances and Domestic Partnership Law
Jun. 2004	Domestic Partnerships, Worker's Compensation, Open Public Records
May 2004	Hotel Tax Exemptions, Harassment Law and Confidentiality
Apr. 2004	Meeting Notices, OPRA Requirements and Police Procedures
Mar. 2004	Subcommittees, Lame Duck Appointments and the Open Public Records Act
Feb. 2004	Parade Permit Fees and Home Businesses
Feb. 2004	Parade Permit Fees and Home Businesses
Jan. 2004	Variances for Hardships and Reassessment Equity

New Jersey State League of Municipalities • 222 West State Street • Trenton, NJ 08608 • (609) 695-3481 • FAX: (609) 695-0151