Grimm v. Bd. of Chosen Freeholders of Sussex County
| Decision Date | 14 May 1937 |
| Docket Number | No. 228.,228. |
| Citation | 118 N.J.Law 210,192 A. 424 |
| Parties | GRIMM v. BOARD OF CHOSEN FREEHOLDERS OF SUSSEX COUNTY. |
| Court | New Jersey Supreme Court |
Certiorari proceeding by Jacob Grimm against the Board of Chosen Freeholders of the county of Sussex.
Order of dismissal of Jacob Grimm from the employ of the county as janitor set aside.
Morris & Downing, of Newton, for prosecutor. William A. Dolan, of Newton, for respondent.
Argued May term, 1937, before BODINE, HEHER, and PERSKIE, JJ.
For more than twenty years, the prosecutor, Jacob Grimm, was janitor for the Sussex county public buildings and grounds. On March 20, 1916, the Board of Freeholders received bids to fill the position. Thereafter the position was awarded to the prosecutor, his salary being fixed at $50 per month. During the intervening years, increases of salary were made but no term fixed. January 12, 1937, the employment was terminated by resolution without notice. Prosecutor is the holder of an exempt fireman's certificate issued pursuant to P. L. 1911, c. 212, p. 444, § 1 (Comp.St.Supp.1924, § *136—1721C(1), which provides as follows: "No person now holding a' position or offce under the government of this State, or the government of any county * * * of this State, or who may hereafter be appointed to any such position, whose term of office is not now fixed by law, and receiving a salary from such State, county, * * * who is an exempt fireman of any volunteer fire department, * * * holding an exemption certificate issued to him as such exempt member of any such volunteer fire department company or corps, shall be removed from such position or office except for good cause shown after a fair and impartial hearing, but such exempt fireman shall hold his position or office during good behavior and shall not be removed for political reasons."
It seems clear that the prosecutor is the holder of a county position. "The janitor of a county courthouse, appointed by the board of chosen freeholders of such county, is not a public officer, but holds a position." Daily v. Freeholders of Essex County, 58 N.J.Law 319, 33 A. 739. The janitor of a courthouse holds a position. Peterson v. Salem County, 63 N.J.Law, 57, 42 A. 844. The janitor of a city police station holds a position. Dolan v. Orange, 70 N.J.Law, 106, 56 A. 130. The janitor of a city hall holds a position. Hart v. Newark, 80 N.J.Law, 600, 77 A. 1086. See, also, Board of Education of Bayonne v. Bidgood, 168 A. 162, 11 N.J.Misc. 735.
It is quite clear also that one...
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...continuously for over 24 years. It is not necessary that he have had the certificate when appointed, Grimm v. Sussex Bd. of Chosen Freeholders, 118 N.J.L. 210, 192 A. 424 (Sup.Ct.1937), and it has been held that a term coextensive with the appointing agency's pleasure, as is the case under ......
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Linden v. Bd. of Chosen Freeholders of Sussex County
...irresistible conclusion that he was the holder of a legal position within the intendment of the act. Grimm v. Board of Chosen Freeholders of Sussex County, 118 N.J.Law, 210, 192 A. 424, and cases therein cited. Nor does it matter that he did not hold the exemption certificate at the time of......