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MERCER COUN. #4, N.J. CIV. SERV. v. ALLOWAY

119 N.J. Super. 94 (1972)

290 A.2d 300

MERCER COUNCIL #4, NEW JERSEY CIVIL SERVICE ASSOCIATION, INC., A NON-PROFIT CORPORATION OF THE STATE OF NEW JERSEY, APPELLANT, v. JAMES ALLOWAY, PRESIDENT NEW JERSEY CIVIL SERVICE COMMISSION, NEW JERSEY DEPARTMENT OF CIVIL SERVICE, AND THE NEW JERSEY CIVIL SERVICE COMMISSION AND THE NEW JERSEY DEPARTMENT OF CIVIL SERVICE, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 28, 1972.

Attorney(s) appearing for the Case

Mr. Vincent J. Dotoli argued the cause for appellant (Mr. Joel I. Fern, attorney).

Mr. Theodore A. Winard, Deputy Attorney General, argued the cause for respondents (Mr. George F. Kugler, Jr., Attorney General, attorney).

Before Judges CONFORD, MATTHEWS and FRITZ.

PER CURIAM.

The question presented is whether the Civil Service Commission has not exceeded its statutory rule-making authority by promulgating an amendment of N.J.A.C. 4:1-3.8 authorizing the Chief Examiner and Secretary of the Commission, under the supervision and direction of the President of the agency, to assign to the various state operating departments outside Civil Service, on a one-year trial basis, duties and functions which the Civil Service Act...

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