- Of Counsel
In re Plan for the Abolition of Council On Affordable Housing. The Court held that because COAH is an independent agency, the Governor did not have the authority under the Reorganization Act to abolish it and transfer its powers to the Department of Community Affairs. The Court was careful to state more than once that it takes no position on whether COAH should or should not exist. Rather, it was deciding the issue, not previously addressed, as to whether the Reorganization Act extends to independent agencies (agencies that are “in but not of” the Executive Branch), or whether it is limited solely to agencies that are within the Executive Branch.) The Court concluded the Act applies only to the latter. The Court stated: “As Judge Carchman [of the Appellate Division] aptly noted, ‘[t]he issue in this case is not whether COAH should or should not be an active participant in developing and implementing policies for affordable housing in New Jersey. Recent events have demonstrated that both the Legislature and the Governor are committed to charting another course for the future of affordable housing in this State. [In re COAH, supra, 424 N.J. Super. at 438.]’ We do not attempt to chart that course in this opinion. Instead, we examine the process the law requires. The plain language of the Reorganization Act does not authorize the Chief Executive to abolish an independent agency like COAH. If the Governor and the Legislature wish to abolish COAH, they must take another path.” The import of the decision for municipalities is that COAH continues to exist. To see a syllabus of the decision, click here.
Sharon A. Dragan has been named Director and Shareholder with Mason, Griffin & Pierson. Sharon received a J.D. from Seton Hall University School of Law where she served as Bureau Editor for the Seton Hall Legislative Bureau and is admitted to practice law in New Jersey and Pennsylvania. She practices in the areas of local government law, zoning and land use law, real estate law, and estate law. Sharon is Attorney for the Township of Readington, Attorney for Alexandria Township, Attorney for Delaware Township and Attorney for Special Open Space Counsel of West Amwell Township. In her continued service to the legal profession, Sharon served on the District XIII Ethics Committee for several years, the committee that acts as the investigative and prosecutorial arm of the Supreme Court of New Jersey in discharging the Court's constitutional responsibility to supervise and discipline New Jersey attorneys. Sharon is a Trustee of the New Jersey Institute of Local Government Attorneys, a professional organization with the purpose of promoting education and professionalism among local government attorneys. She is a member of the Hunterdon County, New Jersey State and Pennsylvania State Bar Associations.
Mason, Griffin & Pierson continues its support of youth basketball programs in the community. For more information on the Dillon Youth Basketball League go to the Princeton Recreation Department at www.leaguelineup.com
For information on the Montgomery Basketball Association go to www.montgomerybasketball.com
In May of this year, New Jersey joined the growing number of states to enact paid sick leave laws. The New Jersey Paid Sick Leave Act is currently in effect and below you will find certain information that is important for all New Jersey employers to understand.
Who Does it Affect?
The Act applies to New Jersey employers of all sizes, including businesses that are based elsewhere but have employees located in New Jersey. While several New Jersey municipalities already had paid sick leave ordinances, this new state law preempts them, meaning they no longer apply and employers throughout the state are now subject to one consistent set of requirements.
The Act does not apply to a few narrow categories of employees: (1) construction industry employees working under collective bargaining agreements; (2) per diem health care employees; or (3) public employees who are already provided with sick leave with full pay pursuant to any other state law, rule, or regulation.
Mason, Griffin & Pierson is pleased to sponsor Montgomery Township Education Foundation. The Foundation's fundraiser takes place on the evening of February 23 at Cherry Valley Country Club in Skillman, New Jersey. The Foundation is an independent, non-profit organization set up to support strategic programs for the benefit of the Montgomery Township public school children.
For more information go to one.bidpal.net/mtefcomedynight