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MIZERAK v. COUNTY OF MIDDLESEX

230 N.J. Super. 577 (1989)

554 A.2d 476

THOMAS MIZERAK, TEOFIL WEBER, JOSEPH BUSCO, DOUGLAS M. SHEEHAN, KATHERINE ANTONITIS, MARY ANN CASTELL, THERESA H. SETTLECOWSKI, TERENCE J. BRUNDAGE, PETER J. HYLKEMA, GARY S. LANDIAK, HARRIETT ZIVIN, PATRICIA A. ELLIOT, ANN M. SCOTT, KATHLEEN DONAHUE, KAREN SCOTT, MICHAEL GROSS, AND DAVID BATHA, PLAINTIFFS-RESPONDENTS, v. COUNTY OF MIDDLESEX, NEW JERSEY, A GOVERNMENTAL BODY POLITIC AND CORPORATE OF NEW JERSEY; THE BOARD OF CHOSEN FREEHOLDERS OF SAID MIDDLESEX COUNTY, N.J.; NAMELY STEVEN J. CAPESTRO, DIRECTOR, THOMAS F. BOYLAN, III; DAVID E. CRABIEL, J. THOMAS CROSS, VINCENT R. MARTINO, DOROTHY K. POWER AND DONALD J. WERNIK; THE COUNTY ADMINISTRATOR OF SAID MIDDLESEX COUNTY, N.J.; NAMELY, JOHN J. McHUGH; AND THE DEPARTMENT OF HEALTH OF SAID MIDDLESEX COUNTY, N.J., A DEPARTMENT OF SAID COUNTY, JOINTLY AND SEVERALLY, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 10, 1989.

Attorney(s) appearing for the Case

John J. Hoagland, Middlesex County Counsel, attorney for appellants (Gale P. Paley, Assistant Middlesex County Counsel, on the brief).

John Tomasin, attorney for respondents.

Before Judges BAIME and D'ANNUNZIO.

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

Plaintiffs, employed by the Middlesex County Health Department as sanitary inspectors, commenced this action for a declaratory judgment that they are entitled to the benefit of N.J.S.A. 26:3-25.1 (hereinafter § 25.1) which provides that sanitary inspectors and others employed "by any board of health, municipality or group of municipalities shall receive his or her maximum salary in their respective...

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