A New Jersey court has ruled in favor of Brian G. McDevitt, a police officer from Atlantic City, who was discharged after taking military leave that exceeded five years. The New Jersey Superior Court Appellate Division decided that McDevitt's rights under state law were violated, allowing him to return to his position in the Atlantic City Police Department (ACPD). This ruling is significant as it highlights the protections available to military service members under state law, which can exceed federal regulations.

The case, docketed as A-3314-24, arose from a dispute between McDevitt and the City of Atlantic City regarding the interpretation of military leave laws. The court's decision emphasizes the importance of protecting the rights of service members who may need to take extended leave for military duties.

Background

Brian G. McDevitt has been a member of the United States Air Force National Guard since 2000 and began working as a police officer with the ACPD in 2012. Throughout his employment, McDevitt was called to active military service multiple times. During these periods, the City of Atlantic City continued to support him by making pension contributions and allowing him to accrue seniority.

However, between August 2013 and September 2022, McDevitt accumulated approximately 5.43 years of military leave. In December 2022, the City notified him that he had exceeded the five-year cumulative service limit established by the federal Uniformed Services Employment and Reemployment Rights Act (USERRA). The City demanded that he either return to work or resign. When McDevitt chose to remain on military leave, the City initiated disciplinary action against him, ultimately resulting in his termination in January 2024.

McDevitt appealed his dismissal to the New Jersey Civil Service Commission, arguing that his military leave was protected under New Jersey law. The Commission agreed with him, leading to the reinstatement order that the City subsequently appealed.

The Ruling

The New Jersey Superior Court Appellate Division upheld the Civil Service Commission's decision to reinstate McDevitt. The court ruled that USERRA does not preempt state laws that provide greater protections for military leave than the federal five-year limit. The court stated, "USERRA does not supersede, nullify or diminish any Federal or State law... that establishes a right or benefit that is more beneficial to... a right or benefit provided for such person in this chapter."

The judges involved in the ruling were Sabatino, Perez, Friscia, and Torregrossa-O'Connor. They concluded that New Jersey law provides protections for military leave that extend beyond the five-year limit set by USERRA. The court affirmed the Commission's decision to reinstate McDevitt, stating that the City’s characterization of his absence as insubordination was inappropriate given the circumstances of his military service.

Impact

This ruling has important implications for public employees who serve in the military. It clarifies that state laws can offer broader protections than federal regulations, ensuring that service members are not penalized for fulfilling their military obligations. The decision reinforces the notion that military service should not adversely affect an individual's civilian employment.

Furthermore, the ruling sets a precedent for similar cases in New Jersey and potentially influences how other states interpret military leave laws. It emphasizes the need for employers to understand their obligations under both federal and state laws when it comes to military leave.

What's Next

The City of Atlantic City may consider appealing the decision, but details regarding any potential appeal were not available in the court filing. For now, McDevitt is set to be reinstated with back pay and benefits as ordered by the Civil Service Commission.