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REUTER v. FT. LEE BOROUGH COUNCIL

768 A.2d 769 (2001)

167 N.J. 38

John REUTER and Bernard Hart, Plaintiffs-Respondents, v. The BOROUGH COUNCIL OF the BOROUGH OF FORT LEE, Defendant-Respondent, and John Orso, individually and as Chief of Police of the Borough of Fort Lee, New Jersey Department of Personnel and William Peppard, Defendants, and Jeremiah J. O'Sullivan, Defendant-Appellant. Jeremiah J. O'Sullivan, Plaintiff-Appellant, v. Borough of Fort Lee, Mayor and Members of the Fort Lee Borough Council and Thomas R. Tessaro, Defendants-Respondents, and The New Jersey Department of Personnel, Defendant.

Supreme Court of New Jersey.

Decided March 29, 2001.

Attorney(s) appearing for the Case

Dennis Calo, Hackensack, argued the cause for appellant (Calo Agostino, attorneys).

Brian M. Chewcaskie, Fort Lee, argued the cause for respondent Borough of Fort Lee (Gittleman, Muhlstock & Chewcaskie, attorneys).

Robert E. Laux, Hackensack, submitted a letter in lieu of brief on behalf of respondents Mayor Jack Alter and Council Members Lawrence Goldberg, Jan Goldberg, Thomas Meyers and Joan Voss (Oury & Mizdol, attorneys).

David L. Rosenberg, Somerville, submitted a letter in lieu of brief on behalf of respondents John Reuter and Bernard Hart (Klausner, Hunter & Rosenberg, attorneys).

Joseph R. Mariniello, Fort Lee, submitted a letter in lieu of brief on behalf of respondent Thomas R. Tessaro.

PER CURIAM.

In 1981, the Borough of Fort Lee enacted Ordinance 2:15.2(a) which provides that the number of positions in the police force may be established by resolution. In 1996, Captain Jeremiah O'Sullivan was appointed Deputy Chief, a position that had been created pursuant to resolution. Thereafter, he was promoted to Chief.

Subsequently, the mayor and two competitors for the Police Chief position filed a lawsuit challenging the legitimacy of O'Sullivan...

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