Mckann v. Town Of Irvington
| Decision Date | 15 May 1945 |
| Docket Number | No. 240.,240. |
| Parties | McKANN v. TOWN OF IRVINGTON et al. |
| Court | New Jersey Supreme Court |
OPINION TEXT STARTS HERE
Certiorari proceeding by George C. McKann, Jr., against the Town of Irvington and others to review order increasing salary of members of police and fire departments.
Writ dismissed.
January term, 1945, before PARKER and COLIE, JJ.
Riker, Marsh & Shipman, of Newark (Irving Riker, of Newark, of counsel), for prosecutor.
John J. Gaffey, of Irvington (Herman W. Kurtz, of Newark, of counsel), for respondents Town of Irvington and Balentine.
Charles E. McCraith, Jr., of Newark, for respondents Coleman and Walters.
Prosecutor was allowed a writ of certiorari to review the legality of the action of respondent Edward D. Balentine, Director of Public Safety of the Town of Irvington, in ordering increases in salary to members of the Police and Fire Departments.
The Town of Irvington is under the commission form of government and in accordance with the statutory mandate the executive, administrative, judicial and legislative powers, authorities and duties were distributed among the five departments. The Department of Public Safety was assigned to respondent Balentine, and that assignment included the police and fire departments.
In 1937 Irvington adopted the provisions of the Civil Service Act and the following year the Civil Service Commission in accordance with the provisions of R.S. 11:24-1, N.J.S.A., prepared classifications and suggested standards of salaries or wages to be paid officers and employees in the classified service of the municipalities. These recommendations, which cover forty-two printed pages of the State of Case, were forwarded by the Civil Service Commission to the town.
In 1939 Irvington adopted an ordinance, hereinafter referred to as Ordinance No. 1517, which reads, in part:
‘An Ordinance Concerning Officers and Employees of the Town of Irvington, Essex County, New Jersey, under the Provisions of the Civil Service Act of the State of New Jersey and Adopting Appropriate Titles, Salaries and Salary Ranges Therefor, and Setting up the Respective Duties, Typical Tasks, and the Minimum Qualifications, and Probable Line of Promotion for East of Said Offices, Positions and Employments.
‘The Board of Commissioners of the Town of Irvington, in the County of Essex Do Ordain as follows:
‘Schedules.
‘The schedules referred to herein and recommended to this body for adoption, by the Civil Service Commission of the State of New Jersey, consisting of the following, together with all resolutions by the Board of Commissioners approved by the Civil Service Commission changing said schedules, are hereby made part of this ordinance in their entirety the same as though specifically set forth herein, said schedules and resolutions being filed with the Town Clerk coincident with the passing of this ordinance:’
The schedules above referred to were filed with the town clerk and remained open to public examination.
In 1941 the granting of increased salaries to the fire and police departments was submitted to the legal voters at a referendum and decisively defeated. Thus the matter stood until October 26, 1944 when Commissioner Balentine wrote the town clerk that ‘in pursuance of ordinance numbers 1291 and 1292 as adopted in civil service ordinance number 1517 in which the salary ranges are set up, I, as Director of Public Safety, do notify you as follows: I am listing with you the new salary schedules to be paid the present members of the Police and Fire Departments, commencing November 1, 1944, to be paid in equal semi-monthly installments.’ Then followed a new schedule of salaries. On November 18, 1944 a second letter was written to the town clerk. It reads:
‘By virtue of my office as Director of Public Safety of the Town of Irvington, and the provisions of the statutes of the State of New Jersey in such case made and provided, particularly R.S. 40:72-2, [N.J.S.A.], and in pursuance of an ordinance adopted by the Town of Irvington on June 27th, 1939, entitled ‘An Ordinance concerning officers and employees of the Town of Irvington, Essex County, New Jersey under the provisions of the Civil Service Act of the State of New Jersey and adopting appropriate titles, salaries and salary ranges therefor, and setting up the respective duties, typical tests, and the minimum qualifications and probable line of promotion for each of said offices, positions and employments' (being Ordinance No. 1517), you are hereby notified that effective November 1st, 1944, I am granting increases to members of the Police and Fire Departments as shown on Schedule A attached hereto and made a part hereof. Said increases are...
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