Atlantic City firefighters cannot stop the state's changes to their contracts yet, an appellate panel ruled Thursday.
Rather than ruling on the merits of the case, the judges found that Judge Julio Mendez's decision as part of an ongoing case is not open to appeal.
Mendez initial issued a stay on both the contract changes and deep personnel cuts until a hearing on the case. But, after the hearing, he lifted the stay on the changes while the case is still going through the courts, finding that there would be no irreparable harm. The personnel cuts, which could have cut 100 positions and halved the department, remain blocked for now.
"If we were to entertain plaintiffs' motion of leave to appeal, we would be dividing the litigation in half, deciding ... whether the (state) could modify certain provisions of the (contract), while leaving a far more significant issue for the trial court to decide."
The appellate judges agreed with Mendez that the changes would not cause irreparable harm, and that the plaintiffs can get back pay and benefits if they are ultimately successful in their ongoing case.
