HAWTHORNE PBA LOC. 200 v. BOROUGH OF HAWTHORNE

No. A-4504-06T2.

945 A.2d 736 (2008)

400 N.J. Super. 51

HAWTHORNE PBA LOCAL 200, Plaintiff-Appellant v. BOROUGH OF HAWTHORNE, Mayor of the Borough of Hawthorne, and Council of the Borough of Hawthorne, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided April 29, 2008.


Attorney(s) appearing for the Case

Loccke, Correia, Schlager, Limsky & Bukosky, Hackensack, for appellant (Michael A. Bukosky, of counsel; Mr. Bukosky and Marcia J. Tapia, on the brief).

Michael J. Pasquale, Borough of Hawthorne, for respondents, Borough of Hawthorne, Mayor of the Borough of Hawthorne, and Council of the Borough of Hawthorne.

Anne Milgram, Attorney General, attorney for amicus curiae, State of New Jersey (Dermot P. O'Grady, Deputy Attorney General, of counsel and on the brief).

Before Judges WINKELSTEIN, YANNOTTI and LeWINN.


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

In this appeal, the court is asked to decide the validity of an ordinance that authorizes the mayor of the Borough of Hawthorne to appoint and promote Borough police officers. Plaintiff, the officers' collective bargaining representative, claims that police officers may only be appointed and promoted by an ordinance enacted by the governing body, which is the Borough council. The controversy implicates...

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