Howard v. Mayor & Bd. of Finance of City of Paterson, s. A--54

• Decision Date: 19 February 1951
• Docket Number: Nos. A--54,A--80,s. A--54
• Citation: 6 N.J. 373,78 A.2d 893
• Parties: HOWARD et al. v. MAYOR & BOARD OF FINANCE OF CITY OF PATERSON et al. LEE v. MAYOR & BOARD OF FINANCE OF CITY OF PATERSON et al.
• Court: New Jersey Supreme Court

Page 373

6 N.J. 373

78 A.2d 893

HOWARD et al. v. MAYOR & BOARD OF FINANCE OF CITY OF PATERSON et al.

LEE v. MAYOR & BOARD OF FINANCE OF CITY OF PATERSON et al.

Nos. A--54, A--80.

Supreme Court of New Jersey.

Argued Feb. 5, 1951.

Decided Feb. 19, 1951.

Charles S. Joelson, Paterson, argued the cause for appellants (Charles S. Joelson and George Dimond, Paterson, attorneys).

Hymen D. Goldberg, Paterson, argued the cause for respondents.

The opinion of the court was delivered by

WACHENFELD, J.

These appeals were taken from the Superior Court, Law Division, Passaic County, to the Appellate Division and were certified here on our own motion. They were filed and briefed separately but were consolidated for argument and will be decided together since identical issues are involved.

The plaintiff Lee is, and has been for more than twenty-seven years, the health officer of the City of Paterson. The other plaintiffs are sanitary inspectors employed by the Paterson Board of Health and all have occupied their positions for more than ten years.

The health officer was originally appointed at a salary of $5,000 in accordance with an established salary range of $5,000 to $7,500. He received yearly increases of $500 until, after five years, he received the maximum salary of $7,500. In 1946, a salary range of $7,500 to $10,000 was established for the position of health officer.

The other plaintiffs were originally appointed at a time when the salary range for sanitary inspectors was $1,620 to $2,160 per year. In 1946, the salary range for this position was increased to $1,800 to $2,400.

R.S. 26:3--25.1 N.J.S.A., became effective on July 1, 1947 and provided: 'Every health officer and every sanitary inspector, plumbing inspector, food and drug inspector, milk inspector and meat inspector holding a license as such issued in the name of the State Department of Health, who is employed by any municipality or group of municipalities governed by the provisions of subtitle three of Title 11 of the Revised Statutes, shall receive his or her maximum salary in their respective salary ranges, within five years from the date of his or her appointment as such health officer or inspector.'

The City of Paterson is a second-class city governed by the provisions of the subtitle referred to. At the time the statute became effective, the salaries of all the plaintiffs were the maximum provided by the salary ranges then in effect for the positions they occupied.

The Board of Health, on May 12, 1948, adopted a resolution approving a salary range for sanitary inspectors of $2,200 to $3,000 per year and for the health officer, $7,500 to $12,500. These new ranges were submitted to and approved by the State Civil Service Commission. At a subsequent meeting of the Board on August 3, 1948, another resolution was adopted making the new salary ranges effective October 1 of that year and providing equal annual increments to bring all the plaintiffs' salaries up to the new maximums by the end of five years.

The plaintiffs brought these actions seeking to have R.S. 26:3--25.1, N.J.S.A., construed to require that their salaries be increased to the new maximums on the effective date of the resolution establishing the new salary ranges and for arrearages computed on the difference between the pay actually received and the newly established maximums. In each case, motion for summary judgment for the plaintiffs was granted.

The defendants contend the salary ranges established in the resolution of May 12, 1948 were invalid because they were established by resolution rather than by ordinance. It is urged, moreover, that the 1947 statute entitles the plaintiffs only to the maximum salary in effect at the time they were appointed to their several positions or, at the most, to the maximum salary provided in the range in effect at the time the statute was passed.

In the case of the sanitary inspectors, the invalidity of the resolution was not made an issue below and ordinarily would not be considered here. The question, however, involves the salaries of public officials and the expenditure of public funds and is therefore one of public policy of which we may take cognizance on appeal. State v. Taylor, 5 N.J. 474, 76 A.2d 14 (1950).

The plaintiffs assert there is adequate authority for establishing salary ranges by resolution to be found in R.S. 26:3--19, N.J.S.A., the pertinent part of which is: 'The local board may employ such personnel as it may deem necessary, including health officers, public health laboratory technicians plumbing inspectors, food and drug inspectors, milk inspectors and meat inspectors, of the classes and grades provided for by law, to carry into effect the powers vested in it. It shall fix the duties and compensation of every appointee and, as to local boards which shall not be operating under the provisions of subtitle three, Title 11, Civil Service, of the Revised Statutes, fix the term of every appointee.'

True, we have determined that where the statutes are silent as to how delegated powers are to be exercised by municipal bodies, the powers may be exercised either by resolution or by ordinance. Fraser v. Teaneck, 1 N.J. 503, 64 A.2d 345 (1949).

Here, however, there are other statutes circumscribing the fixing and increasing of salaries which...