N.J. Admin. Code § 4A:2-2.12

Current through Register Vol. 56, No. 8, April 15, 2024

Section 4A:2-2.12 - Counsel fees

(a) The Civil Service Commission shall award partial or full reasonable counsel fees incurred in proceedings before it and incurred in major disciplinary proceedings at the departmental level where an employee has prevailed on all or substantially all of the primary issues before the Commission.

(b) When the Commission awards counsel fees, the actual amount shall be settled by the parties whenever possible.

(c) Subject to the provisions of (d) and (e) below, the following fee ranges shall apply in determining counsel fees:

1. Associate in a law firm: $ 100.00 to $ 150.00 per hour;

2. Partner or equivalent in a law firm with fewer than 15 years of experience in the practice of law: $ 150.00 to $ 175.00 per hour; or

3. Partner or equivalent in a law firm with 15 or more years of experience in the practice of law, or, notwithstanding the number of years of experience, with a practice concentrated in employment or labor law: $ 175.00 to $ 200.00 per hour.

(d) If an attorney has signed a specific fee agreement with the employee or employee's negotiations representative, the attorney shall disclose the agreement to the appointing authority. The fee ranges set forth in (c) above may be adjusted if the attorney has signed such an agreement, provided that the attorney shall not be entitled to a greater rate than that set forth in the agreement.

(e) A fee amount may also be determined or the fee ranges in (c) above adjusted based on the circumstances of a particular matter, in which case the following factors (see the Rules of Professional Conduct of the New Jersey Court Rules, at RPC 1.5(a)) shall be considered:

1. The time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly;

2. The fee customarily charged in the locality for similar legal services, applicable at the time the fee is calculated;

3. The nature and length of the professional relationship with the employee; and

4. The experience, reputation and ability of the attorney performing the services.

(f) Counsel fees incurred in matters at the departmental level that do not reach the Civil Service Commission on appeal or are incurred in furtherance of appellate court review shall not be awarded by the Commission.

(g) Reasonable out-of-pocket costs shall be awarded, including, but not limited to, costs associated with expert and subpoena fees and out-of-State travel expenses. Costs associated with normal office overhead shall not be awarded.

(h) The attorney shall submit an affidavit and any other documentation to the appointing authority.

(i) If settlement on an amount cannot be reached, either party may request, in writing, Commission review.

(j) See 4A:2-2.1 3 for situations in which certain law enforcement officers or firefighters have appealed a removal.

N.J. Admin. Code § 4A:2-2.12

Amended by R.2001 d.424, effective 11/19/2001.
See: 33 N.J.R. 2725(a) , 33 N.J.R. 3280(a) , 33 N.J.R. 3895(a) .
Rewrote (a) and (c); added new (d) through (g), and recodified existing (d) and (e) as (h) and (i).
Special amendment, R.2009 d.221, effective 6/10/2009 (to expire July 1, 2010).
See: 41 N.J.R. 2720(a) .
Substituted "Civil Service Commission" for "Merit System Board" and "Commission" for "Board" throughout; and added (j).
Readopted by R.2010 d.176, effective 7/22/2010.
See: 42 N.J.R. 693(a) , 42 N.J.R. 1855(a) .
Provisions of R.2009 d.221 readopted without change.