City of Camden v. Skokowski
| Decision Date | 03 February 1982 |
| Parties | CITY OF CAMDEN, a Municipal Corporation of the State of New Jersey, Respondent, v. Barry SKOKOWSKI, Director, Division of Local Government Services, New JerseyDepartment of Community Affairs and The Local Finance Board, Appellants. |
| Court | New Jersey Supreme Court |
Daniel P. Reynolds, Deputy Atty. Gen., for appellants (James R. Zazzali, Atty. Gen., attorney; Erminie L. Conley, Asst. Atty. Gen., of counsel).
Laurence E. Rosoff, City Atty., for respondent.
The opinion of the Court was delivered by
The problem here, as in Passaic v. Local Finance Board, 88 N.J. 293, 441 A.2d 736 (1982), decided this day, involves the propriety of an emergency appropriation by a municipality under N.J.S.A. 40A:4-46.
Camden is one of the older urban areas in the State and is afflicted with the ills typical of these centers. Its unemployment rate generally averages two or three times the national rate; approximately 20% of the population consists of senior citizens; it has one of the highest uncollectible tax rates in the State; more than 13% of the houses are owned by the City; the residential tax base is small and consists of very modest homes; and industrial and commercial values have steadily shrunk over the last three decades. In this milieu, it was quite natural for the Camden City Council to harbor an overwhelming desire to maintain the tax level when the 1980 budget calling for a tax increase was presented by the Mayor. It feared that increased taxes would lead to the loss of more small businesses and add to the number of homeowners who could not pay additional taxes and who would forfeit ownership. The Council asserts it made a "sincere attempt" to trim each and every line item down to its barest minimum "with the hope that there would be financial survival in the City through the year 1980."
The Council proposed numerous changes to effect economies. Thus, it decided to eliminate street lighting in a major redevelopment area where rows of houses had been torn down; it consolidated the purchasing of all office supplies and bulk goods; it considered contracting out the ambulance service; and it proposed a consolidation program in the Fire Department. Despite objections by the Chief of Police, the Chief of the Fire Department and the Director of Public Utilities, the Council substantially cut their budget requests. The budget adopted by a 4-2 vote did not call for a tax increase.
It became apparent that the City had seriously miscalculated its ability to function under the budget as adopted. The Council adopted resolutions authorizing appropriations aggregating $1,167,250 or 3% of the total operating budget for the year 1980. On November 6, 1980, the Council adopted a further resolution authorizing an appropriation of $1,660,186 subject to the approval of the Director of the Division of Local Government Services. The City...
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United Bldg. and Const. Trades Council of Camden County and Vicinity v. Mayor and Council of City of Camden
... ... The decision of South Dakota to prefer its own citizens as purchasers in time of emergency shortage is particularly apposite to the instant case. We have recently described the severe economic plight that has befallen the City of Camden. City of Camden v. Skokowski, 88 N.J. 304, 441 A.2d 741 (1982). It is not the purpose of the United States Constitution to stifle the legitimate attempts of state and local governments to deal effectively with their social ills ... We are aware of the recent decision of the Supreme Judicial Court of ... ...
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Randolph County Bd. of Educ. v. Scalia
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City of Passaic v. Local Finance Bd. of Dept. of Community Affairs
... ... SCHREIBER, J ... This case, like the companion case of Camden v. Skokowski, 88 N.J. 304, 441 A.2d 741 (1982), also decided today, involves the refusals of the Director of the Division of Local Government ... ...