Search Rutgers Law Library N.J. Court Opinions

16 Oches v. Middletown Twp. Police Dept. -- rank: 644

... respects from the treatment to be afforded other public employees. N.J.S.A. 40A:14-118 to -173. Therefore, although the Civil Service Act provides for ...

docket:	a-86-97
court:	njsupreme
decided:	1998-06-01
status:
citation:	155 N.J. 1
Document Size:	89906

17 JAMES MARJARUM v. TOWNSHIP OF HAMILTON, -- rank: 616

... an "authority" to conduct disciplinary hearings against a police officer, N.J.S.A. 40A:14-118, was not self-executing and required an implementing ordinance. Because ... personnel records. He asserts that the legislative purpose in enacting N.J.S.A. 40A:14-118. Plaintiff also asserts that the AlJ's findings respecting the ... disciplinary rules and regulations were not promulgated in compliance with N.J.S.A. 40A:14-118 is to provide for a clear line of authority relating ... is not self-executing. In an apparent effort to implement N.J.S.A. 40A:14-118, the Township adopted an ordinance providing:         There shall be a ... Therefore, the Township did not comply with the requirements of N.J.S.A. 40A:14-118.     The invalidity of the Township's rules and regulations is ...

docket:	A0630-99
court:	NJ Superior Court Appellate Division
decided:	2000-12-26
status:	published
citation:	336 N.J. Super. 85
Document Size:	32307

18 In the Matter of Officer Gregory DiGuglielmo New Jersey Institute of Technology -- rank: 611

... powers, and duties of municipal police departments and officers. See N.J.S.A. 40A:14-118 to -164. As quoted above, Section 150 cross- references Section ...

docket:	a-33-21
court:	NJ Superior Court Appellate Division
decided:	2022-11-28
status:
citation:
Document Size:	58464

19 In re Referendum Petition to Repeal Ordinance 04-75 -- rank: 601

... and comport[ed] with the statutory authority set forth in N.J.S.A. 40A:14-118,” and therefore was not subject to referendum under N.J ... facts of Men endez in mind, the panel reasoned that N.J.S.A. 40A:14-118 authorized the Trenton City Council to enact an ordinance “creating ... fluctuating sort”; (2) simply puts into execution previously enacted laws -- N.J.S.A. 40A:14-118 and a prior Trenton ordinance; (3) involves matters so complex ... of a fully discretionary legislative power delegated to it by [ N.J.S.A. 40A:14-118]” and therefore the ordinance is subject to referendum. The Committee points out that N.J.S.A. 40A:14-118 does not mandate, but makes permissive, the creation of a ... to N.J.S.A. 40:69A-185. Footnote: 5 N.J.S.A. 40A:14-118, in relevant part, provides: The governing body of any ...

docket:	a-94-06
court:	njsupreme
decided:	2007-09-26
status:
citation:	192 N.J. 446
Document Size:	79157

20 HAWTHORNE PBA LOCAL 200 v. BOROUGH OF HAWTHORNE -- rank: 599

... N.J.S.A. 40:69A-1 to -210, and N.J.S.A. 40A:14-118, a general law that addresses the creation of municipal police ... that bears upon the authority to appoint police officers is N.J.S.A. 40A:14-118 reads: The governing body of any municipality, by ordinance, may ... the council has created within the department. To determine if N.J.S.A. 40A:14-118 permits the governing body to authorize the mayor to appoint ... such members, officers and personnel as shall be deemed necessary." N.J.S.A. 40A:14-118. The statute does not expressly mandate that the individuals who ... the Legislature's intent. The statute was amended in 1981. N.J.S.A. 40A:14-118 (amended by L. 1981, c. 266, § 1). According to the ... of police officers falls within the panoply of executive functions. N.J.S.A. 40A:14-118 evidences a legislative design for checks and balances and ...

docket:	a4504-06
court:	njappellate
decided:	2008-04-29
status:	published
citation:	400 N.J.Super. 51
Document Size:	52675

21 IN RE REFERENDUM PETITION TO REPEAL ORDINANCE 04-75 -- rank: 594

... A. 40:47-1, repealed in 1971 and replaced by N.J.S.A. 40A:14-118. See Jansco v. Waldron , 70 N.J. 320 , 323-24 ... by the municipality or under which the governing body operates. [ N.J.S.A. 40A:14-118.] With Ordinance 99-52, the City created the police department, as authorized by N.J.S.A. 40A:14-118, and the ordinance was approved by the voters. Yet, that ... 04-75 was enacted. There is no question that, under N.J.S.A. 40A:14-118, the City Council had the authority to enact an ordinance ... municipality. The enabling statutes for the creation of police departments, N.J.S.A. 40A:14-118, and fire departments, N.J.S.A. 40A:14-7 ... that rendered Ordinance 04-75 facially invalid. The Committee cites N.J.S.A. 40A:14-118 and Reuter v. Borough Council of the Borough of ...

docket:	A2009-04
court:	NJ Superior Court Appellate Division
decided:	2006-10-25
status:	published
citation:
Document Size:	66510

22 /usr/local/share/www/libweb/collections/courts/appellate/a0312-18.opn.html -- rank: 577

... and Tooke interfered with his operation of the police department, N.J.S.A. 40A:14-118, and withheld or delayed employment benefits in violation of the ... the interference of the 'appropriate authority' who oversaw the departments. N.J.S.A. 40A:14-118. He understood that the mayor was the 7 Liston had ... day-to- day operations of the police department' contrary to N.J.S.A. 40A:14-118. He contends his public allegations about defendants' behavior and the ... the police department and Falco's role in the organization. N.J.S.A. 40A:14-118 provides for the creation and establishment of a municipal police ... be responsible in his position as the chief of police. N.J.S.A. 40A:14-118. Second, in rejecting the letter to the prosecutor as a ...

docket:
court:
decided:
status:
citation:
Document Size:	56188

23 JOHN REUTER et al. v. THE BOROUGH COUNCIL BOROUGH OF FORT LEE, et al. -- rank: 532

... been created by ordinance as required by the governing statute, N.J.S.A. 40A:14-118. It was conceded during oral argument by O'Sullivan's ... on the basis of the motion judge's construction of N.J.S.A. 40A:14-118. In doing so, we do not address the various other ... deliberative process requiring notice to the public.          [Ibid.]          Not unlike N.J.S.A. 40A:14-118, the statute in Handlon provided in part:         The governing body ... promulgated by the director. He contended they were invalid under N.J.S.A. 40A:14-118 because they were not promulgated by ordinance. In the context ... we also observe that at the time Janesco was decided, N.J.S.A. 40A:14-118 provided:          The governing body of any municipality, by ordinance, may ...

docket:	a2472-98
court:	njappellate
decided:	2000-03-01
status:	published
citation:
Document Size:	38412

24 MICHAEL DUNCAN v. MAYOR AND COMMITTEE OF HAZLET -- rank: 519

... number of ranks in their patrol organization" in violation of N.J.S.A. 40A:14-118, and otherwise "thwarted plaintiff['s] rightful promotions to the open ... the complaint. (i) Plaintiff contends that Hazlet's ordinances violate N.J.S.A. 40A:14-118 "because, either as written or as interpreted, they are not ... or manipulate the Township's Table of Organization." We disagree. N.J.S.A. 40A:14-118 (the Statute) provides: The governing body of any municipality, by ... since held, however, that "the 'line of authority' provision in N.J.S.A. 40A:14-118 does not require the inclusion in a police ordinance of ...

docket:	a6165-08
court:	NJ Superior Court Appellate Division
decided:	2011-07-19
status:	unpublished
citation:
Document Size:	50781

25 EDWARD G. SANTIAGO v. CITY OF PLAINFIELD -- rank: 519

... and the City of Plainfield, arguing the reassignment order violated N.J.S.A. 40A:14-118. N.J.S.A. 40A:14-118 provides, in pertinent part, "the chief of police . . . shall be ... interfered with his duties as police chief in violation of N.J.S.A. 40A:14-118, and sought to restrain the Director from exercising powers and ... Id. at 59-60. The court found that by enacting N.J.S.A. 40A:14-118, "[t]he Legislature has vested municipal authorities with the discretion ... the court stated, "one of the goals of the statute [ N.J.S.A. 40A:14-118] was to eliminate or prohibit undue interference, and . . . the operative ... the police department, and the challenged order did not violate N.J.S.A. 40A:14-118. Consequently, there was no valid basis for granting an ...

docket:	a2441-08
court:	superior court appellate division
decided:	2009-12-18
status:	unpublished
citation:
Document Size:	30714

26 Thisopinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is only binding on the parties in the case and its use in other cases is limited. R.1:36-3 A-03010-14T3 STATE OF NEW J -- rank: 507

... together in light of the general intent of the act.") N.J.S.A. 40A:14-118 states in pertinent part: The governing body of any municipality ...

docket:	a3010-14
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	70297

27 IN THE MATTER OF MICHAEL HUCHKO -- rank: 502

... must do so by rule and regulation as defined in N.J.S.A. 40A:14-118 for municipal law enforcement agencies or by appropriate standard operating ... County's policy, and authorized the Police Committee, pursuant to N.J.S.A. 40A:14-118, to "adopt and incorporate the aforementioned drug testing policy and ...

docket:	A1228-04
court:	NJ Superior Court Appellate Division
decided:	2006-07-12
status:	unpublished
citation:
Document Size:	111003

28 NorthJersey Media Group, Inc. v. Township of Lyndhurst -- rank: 487

... ā€¯ Id. at 185 (citing delegation of power provided by N.J.S.A. 40A:14-118). The dissent observed that [t]o hold that an order ...

docket:	A-35-15
court:	NJ Supreme Court
decided:	2017-07-11
status:
citation:	229 N.J. 541 163 A.3d 887
Document Size:	117487

29 /usr/local/share/www/libweb/collections/courts/appellate/a3758-17.opn.html -- rank: 482

... the authority to direct the filing of the charges, see N.J.S.A. 40A:14-118, and there is no evidence he possessed sufficient information to ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	25642

30 THOMAS FLYNN v. TOWNSHIP OF MONTCLAIR -- rank: 480

... Fort Lee, 167 N.J. 38 (2001), which held that N.J.S.A. 40A:14-118 required an ordinance establishing the organization of a police department ... to any police department position not created in accordance with N.J.S.A. 40A:14- - 118.' Ibid. The Township had previously been advised of its noncompliance ... other police personnel. In Reuter, the Supreme Court held that N.J.S.A. 40A:14-118 requires the municipal ordinance, not a resolution under the ordinance ...

docket:	a2889-17
court:	NJ Superior Court Appellate Division
decided:	2020-02-18
status:	Unpublished
citation:
Document Size:	53150