Stefano v. Civil Serv. Comm'n Of State Of N.J.

• Decision Date: 13 May 1943
• Docket Number: No. 11.,11.
• Citation: 32 A.2d 284,130 N.J.L. 267
• Parties: DE STEFANO et al. v. CIVIL SERVICE COMMISSION OF STATE OF NEW JERSEY et al.
• Court: New Jersey Supreme Court

130 N.J.L. 267

32 A.2d 284

DE STEFANO et al.

v.CIVIL SERVICE COMMISSION OF STATE OF NEW JERSEY et al.

No. 11.

Court of Errors and Appeals of New Jersey.

May 13, 1943.

Appeal from Supreme Court.

Certiorari proceeding by Frank De Stefano and others against the Civil Service Commission of the State of New Jersey and the City of Rahway to review an order of the commission. From a judgment of the Supreme Court, 127 N.J.L. 467, 23 A.2d 281, dismissing the writ prosecutors appeal.

Affirmed.

Eugene A. Liotta, of Elizabeth, for appellants.

David T. Wilentz, Atty. Gen. (Harry A. Walsh, of Trenton, of counsel), for respondent Civil Service Commission.

Eugene F. Mainzer, of Rahway, for respondent City of Rahway.

HEHER, Justice.

The essential question is whether appellants' rights as chancemen of the police force of the City of Rahway were invaded by the action of the State Civil Service Commission, taken on January 7, 1941, directing the holding of a competitive examination for the ‘position of Patrolman, * * * open to citizens' of the municipality who possessed certain specified qualifications. On July 31, 1941, the Supreme Court allowed a writ of certiorari to review this action, but the writ was later dismissed on the ground that appellants were not thereby prejudiced. De-Stefano v. Civil Service Commission, 127 N.J.L. 58, 21 A.2d 330; Id., 127 N.J.L. 467, 23 A.2d 281. That course was deemed to be in accordance with the holding of this court in Albert v. Caldwell, 127 N.J.L. 202, 21 A.2d 782, 783, 24 A.2d 832, that ‘no legal wrong was done to the chancemen by examining others with them or indeed until the ordinance was violated by the actual appointment of an outside candidate not a chanceman, where there were chanceman eligibles who had passed the examination.’

The Civil Service Commission found that, while the chancemen ‘may be regular members' of the local police department, and ‘may be considered for promotion to the next higher grade of patrolman,’ nevertheless the chancemen ‘appointed in Rahway include some who are beyond the statutory age limit for patrolman, others who, although appointed, have never served a day with the department, and still others whose appointments remain effective are no longer residents of the City;’ that ‘None of these men was examined by the Commission, and it has no record of their medical and physical condition, nor are there any records indicating their capacity to act as patrolmen;’ that ‘Regular members of the Uniformed Police Department become immediately on appointment members of the pension fund for the Police Department created under statute, and are subject to retirement after twenty years of service and age fifty, or earlier by reason of disability,’ and ‘It is highly important that men appointed to the regular police force, and beneficiary under the pension system, shall be fully qualified, both medically and physically, to withstand the exacting duties of patrolman and give promise of long and effective service.’ And its conclusion was that ‘it is not practicable, nor in the public interest, to direct that an eligible list shall be established from which appointments may be made to regular patrolmen * * * by examination limited to persons presently having the title and position of chanceman * * *.’

These chanceman derive their status and authority from a local ordinance providing for the appointment of ‘suitable persons not exceeding six in number, to be known as Chancemen,’ charged with the exercise of all the powers and the performance of the duties of ‘regular patrolmen when called upon to do so by the Mayor or Chief of Police,’ and to be paid ‘while actually employed’ the ‘same compensation as regular patrolmen.’

R.S.1937, 11:22-34, N.J.S.A. 11:22-34, ordains that ‘A vacancy in a position in the competitive class shall be filled, as far as practicable, by promotions from among persons holding positions in a lower grade in the department, office or institution in which the vacancy exists;’ and that ‘Promotions shall be based upon merit, to be...