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N.J. ST. POLICE ASSOC. v. MAYOR, & C, IRVINGTON

121 N.J. Super. 321 (1972)

297 A.2d 10

NEW JERSEY STATE POLICE BENEVOLENT ASSOCIATION, A CORPORATION OF THE STATE OF NEW JERSEY, IRVINGTON POLICE BENEVOLENT ASSOCIATION, LOCAL 29, A CORPORATION OF THE STATE OF NEW JERSEY, BARRY BARKIN, HOWARD ENGLAND AND DANIEL DeLUCIA, PLAINTIFFS-APPELLANTS, v. MAYOR AND COUNCIL OF IRVINGTON, NEW JERSEY, GEORGE F. KUGLER, JR., ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, A.R. MANGIONE, JR., DIRECTOR OF CLASSIFICATION OF CIVIL SERVICE OF THE STATE OF NEW JERSEY, STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 20, 1972.

Attorney(s) appearing for the Case

Mr. Peter A. Forgosh argued the cause for appellants (Messrs. Eichler and Forgosh, attorneys).

Mr. Samuel J. Zucker argued the cause for respondent Town of Irvington.

Mr. Morton I. Greenberg argued the cause for the other respondents (Mr. George F. Kugler, Jr., Attorney General, attorney).

Before Judges LABRECQUE, KOLOVSKY and MATTHEWS.

The opinion of the court was delivered by KOLOVSKY, J.A.D.

The Irvington Police Benevolent Association, Local 29 (Irvington P.B.A.) sought to induce the town's governing body to pay its policemen for overtime work at a rate 1 1/2 times their regular wages. In 1970 the town attorney ruled that such payments would be illegal and that the then controlling statute, N.J.S.A. 40:47-12.13, authorized payment for overtime only at the regular wage rate. A similar ruling...

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