Handling Municipal Budgets in Changing Economic Conditions

By Thomas J. Hastie, Jr. As our calendars turn to April, your municipality has prepared and introduced its 2023 budget and begun the adoption process. During this time, municipal finance officials became adept at using the concept of a penny to help explain the impact of tax increases on property owners and anticipated revenue through the municipality. Simply put, a penny on a dollar is the amount of additional revenue a municipality would realize if it increased its municipal tax…

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Confidentiality Agreement

New Jersey Public Employers & Separation Agreements – Are Confidentiality, Non-Disclosure, and Non-Disparagement Clauses Still Viable?

By Evan Crook, Esq. When considering the separation of an employee, whether by virtue of layoff, discipline or otherwise, an employer’s primary concern is finality. You want the matter to be over. Finality necessarily includes ensuring that the separated employee does not make any statements or take any actions that would adversely affect the employer’s operations, interests and reputation after a separation agreement has been reached. A government employer’s interests in this regard could be said to be even higher,…

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Proxy Liability in Harassment Claims: What Employers Should Know

By Maggie McHugh In a recent precendential case involving a workplace claim of sexual harassment, the Third Circuit confirmed proxy theory of liability in employment claims, holding that the Supreme Court “did not intend for the Faragher/Ellerth defense to be available where the supervisor responsible for [the alleged] harassment was a proxy for the organization-employer.” Where Faragher drew a distinction between vicarious lability and proxy lability, O’Brien validates arguments for proxy liability in Third Circuit litigation. This new development should…

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municipal bonds

Should You Prepare an Official Statement When Selling Notes in 2023?

By Thomas Hastie, Esq. As we head into 2023, municipal finance professionals have another decision point to consider as they prepare to sell short-term financial obligations: whether to utilize an Official Statement. Every municipality in New Jersey prepares an Official Statement when it sells long-term bonds on its own. And it has been documented that using an Official Statement in the sale of municipal securities can be expected to increase the number of bidders and reduce the interest rate. But…

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Vehicle Mandate

New Jersey Mandates Improvements to State Electric Vehicle Charging Infrastructure

By Anthony Drollas Electric vehicles (“EV”) are well on their way to becoming commonplace, but in New Jersey, where transportation by automobile is essential, the infrastructure for charging vehicles remains inadequate.  EV owners are learning that buying and installing a home charging and service system can be a significant financial investment, assuming that a connection to a nearby power grid is available. Additionally, “range anxiety” affects those who are uncertain about the availability of and distance between charging locations and…

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Appellate

Recent Appellate Court Ruling Refines and Restricts the Reach of the New Jersey Brownfields Law’s “Access Statute”

By Anthony Drollas Municipalities, as the owners and operators of potable water systems, have growing obligations to protect the public from the effects of per- and polyfluoroalkyl substances (PFAS), also known as “forever chemicals,” which have been recognized to pose a significant risk to public health and the environment.  PFAS-type contaminants have been used in the manufacturing processes for everyday products for decades. Common sources of discharges of PFAS contaminants to land and water supplies include landfills, airports, military bases,…

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MalamutLaw.com is committed to providing a website that is accessible to the widest possible audience regardless of technology or ability. We are actively and continuously working to increase the accessibility and usability of our website and in doing so adhere to available standards and guidelines.

This website endeavors to conform to industry guidance that optimizes accessibility for people with disabilities. Our goal is to make the web more user friendly for all people. Using compliant standards means that current and future browsers will display the website correctly.

We strive to adhere to accepted guidelines for accessibility, but it is not always possible to do so in all areas of the site. We will continue to seek out solutions that will bring all areas of our site up to the same level of accessibility. Should you experience any difficulty in accessing our website, please contact info@malamutlaw.com with your concerns.