Search Rutgers Law Library N.J. Court Opinions

1 KAREN DeSOTO v. HARVEY SMITH et al. -- rank: 1000

... which she submitted to the City Clerk, "[p]ursuant to N.J.S.A. 40:69A-43." A few days later, plaintiff advised the City Clerk and ... for municipal attorneys, it can be read as conflicting with N.J.S.A. 40:69A-43 controls, despite the fact that N.J.S.A. 40A ... 139 and-140 were enacted long after the adoption of N.J.S.A. 40:69A-43. See Indyk v. Klink , 121 N.J. Super. 314 , 321 ... N.J. Super. at 546 (emphasis in original); see also N.J.S.A. 40:69A-43 provides that each municipal department shall be headed by a ... by the director of the department of law pursuant to N.J.S.A. 40:69A-43(d)"). Finally, plaintiff contends she was denied due process of ... all of the powers, duties, and responsibilities of mayor. Because N.J.S.A. 40:69A-43 and the Jersey City Code authorized the mayor to ...

docket:	a6730-03
court:	njappellate
decided:	2006-03-01
status:	published
citation:	*CITE_PENDING*
Document Size:	49650

2 HILLSIDE FIREMEN'S MUTUAL BENEVOLENT ASSOCIATION LOCAL NO. 35 v. MAYOR JOSEPH G. MENZA -- rank: 954

... for the appointment of department heads selected by the mayor. N.J.S.A. 40:69A-43(b). However, "subordinate officers and employees" of the municipality may ... by department heads with the approval of the mayor alone. N.J.S.A. 40:69A-43(d); see Hutt v. Robbins , 98 N.J. Super. 99 ... of the whole number of the council, disapproving the removal." N.J.S.A. 40:69A-43(c). It has no similar authority over subordinate administrative employees ...

docket:	a4937-10
court:	NJ Superior Court Appellate Division
decided:	2013-03-06
status:	unpublished
citation:
Document Size:	41049

3 HILLSIDE FIREMEN'S MUTUAL BENEVOLENT ASSOCIATION LOCAL NO. 35 v. MAYOR JOSEPH G. MENZA -- rank: 954

... for the appointment of department heads selected by the mayor. N.J.S.A. 40:69A-43(b). However, "subordinate officers and employees" of the municipality may ... by department heads with the approval of the mayor alone. N.J.S.A. 40:69A-43(d); see Hutt v. Robbins , 98 N.J. Super. 99 ... of the whole number of the council, disapproving the removal." N.J.S.A. 40:69A-43(c). It has no similar authority over subordinate administrative employees ...

docket:	a4998-10
court:	NJ Superior Court Appellate Division
decided:	2013-03-06
status:	unpublished
citation:
Document Size:	41049

4 /usr/local/share/www/libweb/collections/courts/appellate/a2858-12a2985-12.opn.html -- rank: 946

... her before termination. The trial judge agreed that pursuant to N.J.S.A. 40:69A-43, Baldwin was entitled to notice and a hearing. The court ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	87356

5 CITY COUNCIL OF THE CITY OF ORANGE TOWNSHIP v. WILLIS EDWARDS III -- rank: 884

... 15T4 3. The City shall be required to comply with . . . N.J.S.A. 40:69A-43.1 and 43.2 in the appointment of any Deputy ... The appointment of a Deputy Business Administrator is controlled by N.J.S.A. 40:69A-43.1, which provides: 'The director of each department . . . may appoint ... Acting Business Administrator. This appointment was within his authority. See N.J.S.A. 40:69A-43(b) ('Each department shall be headed by a director, who ... to 'appoint subordinate officers and employees within his/her department'); N.J.S.A. 40:69A-43-1 (permitting a department director to appoint a deputy director ...

docket:	a3729-15
court:	NJ Superior Court Appellate Division
decided:	2018-06-19
status:	published
citation:	455 N.J.Super. 261 189 A.3d 356
Document Size:	78468

6 DAVID J. TAYOUN v. TIMOTHY MOONEY -- rank: 855

... two of his complaint, plaintiff alleged that his discharge violated N.J.S.A. 40:69A-43, which required the mayor to notify the council of his ... to defendant's summary judgment motion, that the violation of N.J.S.A. 40:69A-43, somehow made his substantive due process claim cognizable under the ... rights. Also, plaintiff served at the mayor's discretion under N.J.S.A. 40:69A-43(c), and the mayor was empowered to "'remove [him] at ... 434 , 443 (D.N.J. 2009). Secondly, we note that N.J.S.A. 40:69A-43(c) provides that the mayor may "in his discretion" remove ...

docket:	a1154-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-08
status:	unpublished
citation:
Document Size:	53301

7 ANTHONY CANCRO v. TOWNSHIP OF EDISON -- rank: 818

... expressly authorized the Township's agreement with plaintiff. The statute, N.J.S.A. 40:69A-43(c), governs removal of department heads by a mayor and ... 38,844 plus interest from January 1, 2010, pursuant to N.J.S.A. 40:69A-43(c) and Edison Ordinance section 2-22.1(c). On ... an entitlement to severance payments under the optional provisions of N.J.S.A. 40:69A-43(c) and Edison Ordinance 2-22.1(c). We reject ...

docket:	a0424-11
court:	NJ Superior Court Appellate Division
decided:	2012-07-26
status:	unpublished
citation:
Document Size:	25669

8 Municipal Council of the City of Newark v. Sharpe James, Mayor of the City of Newark et als. -- rank: 810

... approving or rejecting any ordinances adopted by the municipal council, N.J.S.A. 40:69A-43 and -43a, and the preparation of the municipal budget for ...

docket:	a-52-04
court:	njsupreme
decided:	2005-05-24
status:
citation:	183 N.J. 361
Document Size:	45943

9 GREGORY J. FORESTER v. DOUGLAS H. PALMER -- rank: 744

... subject to confirmation by the council, is an executive function. N.J.S.A. 40:69A-43(b); see Hawthorne PBA Local 200 v. Borough of Hawthorne ... with respect to the removal of a department head. Under N.J.S.A. 40:69A-43(c), the mayor must give written notice of an intention ...

docket:	a3690-07
court:	New Jersey Superior Court Appellate Division
decided:	2008-07-09
status:	Published
citation:	401 N.J. Super. 286 950 A.2d 253
Document Size:	31315

10 GREGORY J. FORESTER v. DOUGLAS H. PALMER -- rank: 744

... subject to confirmation by the council, is an executive function. N.J.S.A. 40:69A-43(b); see Hawthorne PBA Local 200 v. Borough of Hawthorne ... with respect to the removal of a department head. Under N.J.S.A. 40:69A-43(c), the mayor must give written notice of an intention ...

docket:	a3691-07
court:	New Jersey Superior Court Appellate Division
decided:	2008-07-09
status:	Published
citation:	401 N.J.Super. 286 950 A.2d 253
Document Size:	31312

11 Stomel v. City of Camden -- rank: 707

... remove department heads and other municipal executive officers pursuant to N.J.S.A. 40:69A-43(c): The mayor may in his discretion remove any department ...

docket:	a-45-06
court:	njsupreme
decided:	2007-07-25
status:
citation:	*CITE_PENDING*
Document Size:	61557

12 JOY SPRIGGS v. CITY OF PLAINFIELD -- rank: 609

... 5(a) (2018). In addition, parallel authority is provided under N.J.S.A. 40:69A-43(b), stating: 'Each department shall be headed by a director ... his term and this appointment is per se legitimate under N.J.S.A. 40:69A-43(b) and that she [did] not 'fit' his administration. The ...

docket:	a3690-19
court:	NJ Superior Court Appellate Division
decided:	2022-01-03
status:	Unpublished
citation:
Document Size:	33640

13 FILIZ BERMEK v. THE CITY OF PASSAIC, -- rank: 576

... authority with respect to her employment. In fact, pursuant to N.J.S.A. 40:69A-43(c), with the exception of appeals from the removal of ...

docket:	a4525-15
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-25
status:
citation:
Document Size:	42008

14 JOSEPH A. MARINI v. CITY OF CAMDEN -- rank: 497

... confirm a business administrator, as in more normal circumstances. See N.J.S.A. 40:69A-43(b). The Supervision Act grants to the LFB and the ...

docket:	a1762-12
court:	NJ Superior Court Appellate Division
decided:	2014-08-26
status:	unpublished
citation:
Document Size:	57938

15 PETER CASAMASINO & DIRECTOR, DIVISION OF TAXATION, ET AL V. CITY OF JERSEY CITY & BRET SCHUNDLER -- rank: 489

... consent to the appointment as provided by the Faulkner Act, N.J.S.A. 40:69A-43(b).     When the four-year term to which plaintiff had ...

docket:	a7117-94
court:	njappellate
decided:	1997-09-02
status:	published
citation:	304 N.J.Super. 226
Document Size:	47483