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SHAPIRO v. ESSEX CTY. FREEHOLDER BD.

183 N.J. Super. 24 (1982)

443 A.2d 219

PETER SHAPIRO, ESSEX COUNTY EXECUTIVE, PLAINTIFF-RESPONDENT, v. ESSEX COUNTY BOARD OF CHOSEN FREEHOLDERS, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 1, 1982.

Attorney(s) appearing for the Case

Thomas M. McCormack, Essex County Board of Chosen Freeholders Counsel, argued the cause for appellant.

David H. Ben-Asher, Essex County Counsel, argued the cause for respondent (Marc C. Gettis, Assistant County Counsel, on the briefs).

Charles M. Schimenti, Hudson County Board of Chosen Freeholders Counsel, argued the cause for amicus curiae board.

William L. Boyan, Mercer County Board of Chosen Freeholders Counsel, submitted a brief on behalf of amicus curiae board.

Paul T. Koenig, Jr., Mercer County Counsel, submitted a brief on behalf of amicus curiae Bill Mathesius (Barry D. Szaferman and Gail R. Henningsen of counsel and on the brief).

Before Judges MATTHEWS, PRESSLER and PETRELLA.

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

This is an appeal by defendant Essex County Board of Chosen Freeholders from a summary judgment entered in the Law Division holding that under the Optional County Charter Law, N.J.S.A. 40:41A-1 et seq., the authority to set salaries of county employees below the level of department head is vested in the county executive and not in the board. The facts, which are not in dispute, and the question...

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