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BOROUGH OF BELMAR POLICEMEN'S BENEV. ASS'N v. BELMAR

89 N.J. 255 (1982)

445 A.2d 1133

THE BOROUGH OF BELMAR POLICEMEN'S BENEVOLENT ASSOCIATION OF LOCAL # 50, RICHARD LYNCH, ANDREW DONATE AND MRS. NETTIE ANNE AKER, INDIVIDUALLY AS PLAINTIFFS, PLAINTIFFS-RESPONDENTS AND CROSS-RESPONDENTS, v. BOROUGH OF BELMAR AND LAWRENCE A. VOLA, CHIEF OF POLICE, DEFENDANTS-APPELLANTS AND CROSS-RESPONDENTS, AND JUDITH A. YASKIN, ACTING ATTORNEY GENERAL OF NEW JERSEY, INTERVENOR-CROSS-APPELLANT.

The Supreme Court of New Jersey.

Decided May 10, 1982.

Attorney(s) appearing for the Case

Frederick P. De Vesa, Assistant Attorney General, argued the cause for intervenor-cross-appellant (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Frederick P. De Vesa, Larry R. Etzweiler, Deputy Attorney General, John DeCicco, Assistant Attorney General and Robert E. Rochford, Deputy Attorney General, of counsel; Larry R. Etzweiler, on the briefs).

Joseph Hillman, Jr. argued the cause for appellants (Hillman, Carey, Badach & Sullivan, attorneys).

Jacob Green argued the cause for amicus curiae New Jersey State Special Police Association, Inc. (Green & Dzwilewski, attorneys; Ellen Harrison, on the briefs).

Mark S. Ruderman argued the cause for amicus curiae New Jersey State League of Municipalities (Dorf and Glickman, attorneys).

Laurence M. McHeffey argued the cause for respondents (Hanlon, Dempsey & McHeffey, attorneys).

Kenneth I. Nowak argued the cause for amicus curiae New Jersey State Policemen's Benevolent Association (Zazzali & Kroll, attorneys).

The opinion of the Court was delivered by SCHREIBER, J.

This case raises important questions concerning the status and powers of special police officers employed by municipalities. The particular issues are whether the Borough of Belmar, a resort community, may use special police officers during the busy summer season to supplement the regular staff, and whether special police officers may carry weapons while on duty and exercise the same authority to arrest as regular...

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