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NEWARK SUPERIOR OFFICERS ASS'N v. NEWARK

187 N.J. Super. 390 (1982)

455 A.2d 81

NEWARK SUPERIOR OFFICERS ASSOCIATION, A FRATERNAL ORGANIZATION INCORPORATED UNDER THE LAWS OF THE STATE OF NEW JERSEY AND WILLIAM GERAGHTY, THOMAS HENRY, THOMAS MARTIN, THOMAS CRITCHLEY, WILLIAM KODMAN, IRVING MOORE, ARNOLD EVANS, MARTIN REICHENBECKER, CHRISTIAN VOLZ, GEORGE HAMMER AND KENNETH MELCHIOR, PLAINTIFFS-RESPONDENTS, v. THE CITY OF NEWARK, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, KENNETH GIBSON, INDIVIDUALLY AND IN HIS CAPACITY AS MAYOR OF THE CITY OF NEWARK, HUBERT WILLIAMS, INDIVIDUALLY AND IN HIS CAPACITY AS POLICE DIRECTOR OF THE CITY OF NEWARK AND THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, DEFENDANTS-APPELLANTS, AND STATE OF NEW JERSEY, DEPARTMENT OF CIVIL SERVICE; HOWARD WOODSON, INDIVIDUALLY AND IN HIS CAPACITY AS CHAIRMAN OF THE CIVIL SERVICE COMMISSION OF THE STATE OF NEW JERSEY; AND JOSEPH M. RYAN, INDIVIDUALLY AND IN HIS CAPACITY AS ACTING CHIEF EXAMINER AND SECRETARY OF THE DEPARTMENT OF CIVIL SERVICE, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided November 17, 1982.

Attorney(s) appearing for the Case

Rosalind L. Bressler, Assistant Corporation Counsel, argued the cause for appellants City of Newark, Kenneth A. Gibson, Hubert Williams and Municipal Council of the City of Newark (John J. Teare, Corporation Counsel of the City of Newark, attorney).

Mark J. Fleming, Deputy Attorney General, argued the cause for defendants State of New Jersey, Department of Civil Service, Howard Woodson, chairman of the Civil Service Commission, and Joseph M. Ryan, acting chief examiner and secretary of the Department of Civil Service (Irwin I. Kimmelman, Attorney General, attorney; James J. Ciancia, Assistant Attorney General, of counsel; Janet Share Zatz, Deputy Attorney General, on the brief).

Lawrence A. Whipple, Jr., argued the cause for respondents (Whipple, Hunt, Ross & Hirsh, attorneys).

Before Judges MILMED, MORTON I. GREENBERG and FURMAN.

The opinion of the court was delivered by MORTON I. GREENBERG, J.A.D.

This matter comes before this court on appeal from a final judgment entered by Judge Thompson December 21, 1981 declaring L. 1979, c. 163 (N.J.S.A. 40:69A-60.7) to be special legislation enacted in violation of N.J. Const. (1947), Art. IV, § VII, par. 9(13). The judgment followed a letter opinion of Judge Thompson dated July 22, 1981.

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