NEWARK SUPERIOR OFFICERS ASS'N v. CITY OF NEWARK


98 N.J. 212 (1985)

486 A.2d 305

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 MELCHOIR, 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.

The Supreme Court of New Jersey.

Decided January 14, 1985.


Attorney(s) appearing for the Case

Rosalind L. Bressler, Assistant Corporation Counsel, argued the cause for appellants (John J. Teare, Corporation Counsel, attorney).

Donald B. Ross, Jr. argued the cause for respondents (Whipple, Ross & Hirsh, attorneys).


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

On August 6, 1979, L. 1979, c. 163, N.J.S.A. 40:69A-60.7, became effective, allowing the mayors of cities of the first class with a "Mayor-Council Plan C" form of government under the Optional Municipal Charter Law, N.J.S.A. 40:69A-1 to 40:69A-210, to appoint their police chiefs. The issue here is whether N.J.S.A. 40:69A-60.7 is special legislation enacted in violation of

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