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ESSEX COUNTY WELFARE BOARD v. KLEIN

149 N.J. Super. 241 (1977)

373 A.2d 691

ESSEX COUNTY WELFARE BOARD, APPELLANT, AND MIDDLESEX COUNTY WELFARE BOARD, APPELLANT-INTERVENOR, v. ANN KLEIN, COMMISSIONER, NEW JERSEY DEPARTMENT OF INSTITUTIONS AND AGENCIES, AND G. THOMAS RITI, DIRECTOR, NEW JERSEY DEPARTMENT OF INSTITUTIONS AND AGENCIES, DIVISION OF WELFARE, RESPONDENT. COUNTY WELFARE DIRECTORS' ASSOCIATION OF NEW JERSEY, AN UNINCORPORATED ASSOCIATION OF NEW JERSEY, APPELLANT, AND MIDDLESEX COUNTY WELFARE BOARD, APPELLANT-INTERVENOR, v. STATE OF NEW JERSEY, DEPARTMENT OF INSTITUTIONS AND AGENCIES, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 25, 1977.

Attorney(s) appearing for the Case

Mr. Howard J. Pfeffer, Legal Assistant, argued the cause for appellant Essex County Welfare Board (Mr. William J. Tamburri, counsel).

Mr. Bernard H. Shihar argued the cause for appellant intervenor Middlesex County Welfare Board.

Mr. John J. Harper argued the cause for appellant County Welfare Directors' Association of New Jersey (Messrs. Harper, McCoy & O'Brien, attorneys).

Mr. Richard M. Hluchan, Deputy Attorney General, argued the cause for respondents (Mr. William F. Hyland, Attorney General of New Jersey, attorney).

Before Judges FRITZ, ARD and PRESSLER.

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

The single question involved in these consolidated appeals is whether or not a rule promulgated by the Department of Institutions and Agencies (Department) governing the classification, compensation and other terms and conditions of employment of employees of county welfare boards may validly distinguish between county welfare board directors and deputy directors on the one hand and all other board employees...

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