Fox v. Bd. of Educ. of Newark in Essex County
| Decision Date | 19 January 1943 |
| Docket Number | Nos. 226, 253.,s. 226, 253. |
| Citation | 129 N.J.L. 349,29 A.2d 736 |
| Parties | FOX v. BOARD OF EDUCATION OF NEWARK IN ESSEX COUNTY. BOARD OF EDUCATION OF NEWARK IN ESSEX COUNTY v. CIVIL SERVICE COMMISSION et al. |
| Court | New Jersey Supreme Court |
Consolidated certiorari proceedings by Jacob Fox to review resolutions of the Board of Education of Newark, terminating prosecutor's appointment and services as legal assistant to the board, establishing a law department of the board, and appointing Francis P. Meehan as counsel for the board, and by the board to review a determination and order of the State Civil Service Commission setting aside the resolution terminating prosecutor Fox' employment.
Resolution removing prosecutor Fox set aside, and writ granted the board dismissed.
October term, 1942, before CASE, DONGES, and COLIE, JJ.
Charles E. McCraith, Jr., and Homer C. Zink, both of Newark, for prosecutor and defendant Jacob Fox.
Francis P. Meehan, of Newark, for defendant and prosecutor Board of Education of Newark in County of Essex.
David T. Wilentz, Atty. Gen, for defendant Civil Service Commission.
A writ of certiorari was allowed Jacob Fox to review three resolutions adopted by the Board of Education of the City of Newark. The first terminated the appointment and services of Fox as legal assistant to the Board. The second established a law department of the Board. The third appointed Francis P. Meehan as counsel to the Board. A further writ of certiorari was allowed on application of the Board of Education of the City of Newark to review a determination and order of the Civil Service Commission which set aside the action of the Board in terminating the employment of Jacob Fox. By consent, the two writs have been consolidated and submitted on briefs. We deal first with the writ allowed Mr. Fox who originally filed ten reasons for reversal, all of which were abandoned, excepting those having to do with his claim to tenure under the Veterans' Tenure Act, R.S. 38:16-1, P.L.1942, Chapter 83, N.J.S.A. 38:16-1.
On February 13, 1940 the Board of Education of Newark passed a resolution, reading:
Acting under that appointment, Mr. Fox continuously performed his duties until July 1, 1942, when, a change having taken place in the composition of the Board of Education, a resolution was adopted which we set forth in extenso.
On the same date, two further resolutions were adopted, the first establishing a law department of the Board of Education of Newark to consist of a counsel appointed by the Board and a companion resolution appointing Francis P. Meehan to fill the position of counsel at a yearly salary of $7,000.
Mr. Fox, the prosecutor, was honorably discharged from the military service of the United States on January 2,...
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