Search Rutgers Law Library N.J. Court Opinions

1 FRATERNAL ORDER OF POLICE, NEWARK LODGE NO. 12 v. CITY OF NEWARK -- rank: 1000

... especially whether the City validly set policy. We acknowledge that N.J.S.A. 40A:14-118 expressly authorizes the City to create a board – such ... consistent with the oversigh t authority granted to municipalities under N.J.S.A. 40A:14-118. A-3298-17T3 19 [Code 2:2-86.4(e ... 1 (Count Three). Finally, FOP claimed that the Ordinance violated N.J.S.A. 40A:14-118, by infringing on the Chief's rights (Count Four). The ... appeal, the City argues that the Ordinance does not violate N.J.S.A. 40A:14-118; the judge erroneously concluded (sua sponte) that the Ordinance violates ... rule authority – and properly established legislative policy consistent with N.J.S.A. 40A:14-118. FOP maintains that the Ordinance contravenes N.J.S.A. 40A:14-118 because it transfers the power to administer and discipline ...

docket:	a3298-17
court:	NJ Superior Court Appellate Division
decided:	2019-06-18
status:	Published
citation:	459 N.J.Super. 458 212 A.3d 454
Document Size:	127465

2 /usr/local/share/www/libweb/collections/courts/supreme/a-15-19.opn.html -- rank: 987

... health, safety and welfare of the municipality and its inhabitants”; N.J.S.A. 40A:14-118, which authorizes municipalities to establish and “provide for the ... at 225-26. (pp. 23-36) 3. The Court analyzes N.J.S.A. 40A:14-118 and, in particular, its final paragraph. The first sentence of ... anticipates the delegation of subpoena power to oversight boards in N.J.S.A. 40A:14-118; the “necessary and proper” clause of N.J.S ... respects. The court determined that the Ordinance fundamentally conflicted with N.J.S.A. 40A:14-118 (the police force statute) because it inappropriately authorized the CCRB ... 40:69A-36; N.J.S.A. 40A:14-181; N.J.S.A. 40A:14-118; N.J.S.A. 40A:14-147; N.J.S ... determined that, with those modifications, the Ordinance is consistent with N.J.S.A. 40A:14-118. First, the court invalidated the Ordinance’s required treatment ...

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3 STATE OF NEW JERSEY v. SHAHAAD I. JONES -- rank: 902

... and seizure occurred. Defendant also claimed that, in accordance with N.J.S.A. 40A:14-118.5(q), he was entitled to a rebuttable presumption the ... exculpatory. The State argued an evidentiary hearing was unnecessary and N.J.S.A. 40A:14-118.5(q)'s rebuttable presumption is inapplicable at suppression hearings ... s claim he is entitled to a rebuttable presumption under N.J.S.A. 40A:14-118.5(q) that the recording from Officer Russell's BWC ... evidentiary hearing was required, the court also erred by concluding N.J.S.A. 40A:14-118.5(q) is inapplicable to issues presented at a suppression ... rebuttable presumption the officer's BWC recording includes exculpatory evidence. N.J.S.A. 40A:14-118.5(q)(2). In pertinent part, the statute provides that ... reasonably asserts that exculpatory evidence was destroyed or not captured; [] .... [N.J.S.A. 40A:14-118.5(q).] The motion court offered no analysis supporting ...

docket:	a1243-22
court:	NJ Superior Court Appellate Division
decided:	2023-05-26
status:	Published
citation:
Document Size:	35716

4 ANTONIO FUSTER v. TOWNSHIP OF CHATHAM -- rank: 868

... was recorded pursuant to the Body Worn Camera Law (BWCL), N.J.S.A. 40A:14-118.3 to -118.5. Defendants denied release of the recording ... fee application. Plaintiffs' argument that the BWCL's exemption provision, N.J.S.A. 40A:14-118.5(l), abrogates OPRA's exemptions is without merit. We ... of the plain language of the BWCL's inspection provision, N.J.S.A. 40A:14-118.5(k), which provides that a review of a BWC ... is subject to OPRA, demonstrates the four exemptions listed in N.J.S.A. 40A:14- 118.5(l) are in addition to OPRA's exemptions. Further ... was erroneous because: the clear language of the BWCL provisions, N.J.S.A. 40A:14-118.5(j)(2) to (3), (k), mandates disclosure of the video recording as no exemption exists under N.J.S.A. 40A:14-118.5(l) and OPRA's exemptions are abrogated; a ...

docket:	a1673-22
court:	NJ Superior Court Appellate Division
decided:	2023-12-27
status:	Published
citation:
Document Size:	47529

5 CHIEF LOUIS MERCURO v. BOROUGH OF HALEDON -- rank: 855

... Haledon's failure to pass an ordinance, as required by N.J.S.A. 40A:14-118, specifically designating the "appropriate authority" for disciplining police officers; Haledon ... designate or appoint an "appropriate authority" as set forth in N.J.S.A. 40A:14-118. Plaintiff further argued Cushing had an impermissible conflict of interest ... since Haledon did not appoint an appropriate authority pursuant to N.J.S.A. 40A:14-118, and Cushing had an impermissible conflict of interest due to ... Mayor and various councilpersons; (2) Haledon failed to comply with N.J.S.A. 40A:14-118 by not adopting an ordinance establishing the "appropriate authority" authorized ... the municipality in an emergency situation through special emergency directives. [ N.J.S.A. 40A:14-118 (emphasis added).] "The [Borough of] Haledon Police Department was established ... technicality" that could be ignored. The judge held that because N.J.S.A. 40A:14-118 is "not self-executing[,]" the Mayor and Council cannot ...

docket:	a1691-12
court:	NJ Superior Court Appellate Division
decided:	2015-12-03
status:	unpublished
citation:
Document Size:	91530

6 Hon. Dana L. Redd v. Vance Bowman -- rank: 833

... by MRERA, SMAA, TAL, LBL, and the Police Force Statute, N.J.S.A. 40A:14-118. On June 12, 2012, the trial court issued an opinion ... by MRERA, SMAA, TAL, LBL, and the Police Force Statute, N.J.S.A. 40A:14-118. The trial court found that the proposed ordinance constituted an ... positions, together with their compensation, all as provided for under N.J.S.A. 40A:14-118. The City of Camden shall not disband its police department ... legislative power, that it violated Camden’s statutory powers under N.J.S.A. 40A:14-118, and that it unduly restricted the fiscal and budgetary authority ... municipality’s exclusive statutory authority under the Police Force Statute, N.J.S.A. 40A:14-118. Citing the potential impact of its decision on a pending ... the initiated ordinance is preempted by the Police Force Statute, N.J.S.A. 40A:14-118. The Committee argues that the Court should not dismiss ...

docket:	A-71-13
court:	NJ Supreme Court
decided:	2015-08-11
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Document Size:	136130

7 John Reuter v. The Borough Council of the Borough of Fort Lee -- rank: 773

... created by resolution and not by ordinance in contravention of N.J.S.A. 40A:14-118. That statute provides that a municipality can, by ordinance, establish ... court. The Appellate Division held that the plain language of N.J.S.A. 40A:14-118 and the policies underlying it require the type and number ... The Supreme Court granted certification. HELD: ����The plain language of N.J.S.A. 40A:14-118 and the policies underlying it require that police positions be ... to any police department position not created in accordance with N.J.S.A. 40A:14-118. However, appointments made prior to this date to positions created ... Chief. However, she disagrees with the majority's interpretation of N.J.S.A. 40A:14-118. Justice LaVecchia finds the statute ambiguous, subject to two interpretations ... was created by resolution and not by ordinance thus contravening N.J.S.A. 40A:14-118. That statute provides in relevant part: ����The governing body ...

docket:	a-117-99
court:	njsupreme
decided:	2001-03-29
status:
citation:	167 N.J. 38
Document Size:	45629

8 John Paff v. Ocean County Prosecutors Office -- rank: 748

... by the Barnegat Township Police Chief the force of law. N.J.S.A. 40A:14-118, cited by the Appellate Division majority in support of its ... bind law enforcement throughout New Jersey. The 1981 amendment to N.J.S.A. 40A:14-118 redefined the relationship between a municipal governing body and the ... Justice Albin notes that, through a 1981 legislative amendment to N.J.S.A. 40A:14-118, the Legislature delegated to the Chief of Police the power ... order is issued pursuant to a delegation of power under N.J.S.A. 40A:14-118. Ibid. That statute authorizes a municipality to create and establish ... the Barnegat Township Police 22 Chief the force of law. N.J.S.A. 40A:14-118, cited by the Appellate Division majority in support of its ... by our dissenting colleagues’ invocation of the 1981 amendment to N.J.S.A. 40A:14-118 as 7 N.J.S.A. 40A:14-118 ...

docket:	a_17_16
court:	NJ Supreme Court
decided:	2018-08-13
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Document Size:	103400

9 POLICEMEN'S BENEVVOLENT ASSOC., NORTH BRUNSWICK LOCL 160 V. TWP. OF NORTH BRUNSWICK ET AL -- rank: 674

... was apparently designed to comply with the municipal ordinance, and N.J.S.A. 40A:14-118, requiring that a municipality provide for a line of authority ... of the Appropriate Authority, which is hereby created pursuant to N.J.S.A. 40A:14-118. Said Appropriate Authority shall be the Director of Police. The ... position of a chief of police. We also note that N.J.S.A. 40A:14-118 has been construed in Quaglietta v. Haledon , 182 N.J ... J. 219 (1986), the judge noted in his opinion that N.J.S.A. 40A:14-118 (emphasis added). ����In construing the Ordinance and N.J.S.A. 40A:14-118, the judge rejected PBA's argument and specifically concluded: ��������There ... also 2A Sutherland Statutory Construction � 46.01 5th Ed. (1992). ���� N.J.S.A. 40A:14-118 clearly requires that a municipality must have an appropriate ...

docket:	a0246-97
court:	njappellate
decided:	1999-03-04
status:	published
citation:	<a href=
Document Size:	27708

10 FRATERNAL ORDER OF POLICE NEW JERSEY LABOR COUNCIL, INC v. TOWNSHIP OF PENNSVILLE -- rank: 671

... several cases of this court and our Supreme Court interpreting N.J.S.A. 40A:14-118, the controlling statute, the arbitrator determined that the Township could ... hearing argument, Judge McDonnell found that the several cases interpreting N.J.S.A. 40A:14-118 clearly provide that an ordinance establishing a police department may ... the arbitrator and the Chancery judge erred in holding that N.J.S.A. 40A:14-118 permits the promulgation of a municipal police department's rules ... has since reaffirmed the authority of a governing body under N.J.S.A. 40A:14-118 to adopt an ordinance allowing for the subsequent creation of ... with Judge McDonnell who affirmed the arbitrator's conclusion that N.J.S.A. 40A:14-118 permitted Pennsville to promulgate the challenged Rules and Regulations by ... be designated as the "appropriate authority" as provided for in [ N.J.S.A. 40A:14-118] as set forth in the preamble of this Ordinance. ...

docket:	a1315-12
court:	NJ Superior Court Appellate Division
decided:	2013-08-19
status:	unpublished
citation:
Document Size:	23337

11 HONORABLE DANA L. REDD v. VANCE BOWMAN -- rank: 656

... ordinance did not "unduly restrict" Camden's "statutory authority" under N.J.S.A. 40A:14-118, which grants every municipality the right to "create and establish ... department was established and organized by ordinance as authorized by N.J.S.A. 40A:14-118. On June 17, 2008, Camden entered into a Memorandum of ... positions, together with their compensation, all as provided for under N.J.S.A. 40A:14-118. B. The City of Camden shall not disband its Police ... also asserts that the initiative ordinance was not prohibited by N.J.S.A. 40A:14-118, nor preempted by the statutory regimes impacting local finance and ... and "continued existence" of the municipal police department, pursuant to N.J.S.A. 40A:14-118. As we noted, Camden had already created a municipal police ... hearing." 2 The judge concluded the ordinance did not violate N.J.S.A. 40A:14-118. Plaintiffs have not cross-appealed from that determination. We ...

docket:	a5731-11
court:	NJ Superior Court Appellate Division
decided:	2013-10-29
status:	published
citation:	433 N.J.Super. 178 77 A.3d 1230
Document Size:	58583

12 CAPTAIN AND FORMER ACTING CHIEF RAYMOND COX v. JENNIFER BLUMENTHAL CITY MANAGER -- rank: 656

... as Acting Chief. The court relied heavily on another statute, N.J.S.A. 40A:14-118, which establishes the authority of police chiefs, and also relied ... The trial court relied heavily on the legislative history of N.J.S.A. 40A:14-118 (hereinafter "section 118"), and plaintiff also seizes upon that statute ... J. Super. at 480-85 (discussing the previous version of N.J.S.A. 40A:14-118 and the history of 1981 amendments to that statute). Plaintiff ...

docket:	a1353-13
court:	NJ Superior Court Appellate Division
decided:	2015-05-04
status:	unpublished
citation:
Document Size:	31231

13 JOSE JOEY TORRES, Mayor of the City of Paterson v. THE MUNICIPAL COUNCIL OF THE CITY OF PATERSON, ET AL. -- rank: 656

... D., retaining in the City Council "the power pursuant to N.J.S.A. 40A:14-118 to provide for the appointment of committees or commissions to ... that City Council was the "appropriate authority," as defined by N.J.S.A. 40A:14-118, to bring disciplinary charges against police officers. After conducting a ... Newark v. James , 183 N.J. 361 , 364 (2005) (quoting N.J.S.A. 40A:14-118. That statute, in pertinent part, establishes that any ordinance creating ... to the policies established by the appropriate authority." Ibid. Considering N.J.S.A. 40A:14-118 within the context of the Faulkner Act, the trial court ... essentially made the ordinance provision comport with the language of N.J.S.A. 40A:14-118. We agree with this assessment. The trial court next announced ... 81, Sections 81-7(B) and (C) are inconsistent with N.J.S.A. 40A:14-118 and Sections 81-13 through 81-25 do not ...

docket:	A0781-05
court:	NJ Superior Court Appellate Division
decided:	2007-06-15
status:	unpublished
citation:
Document Size:	67474

14 LARRY LOIGMAN -- rank: 654

... trial court held that the ordinance did not comply with N.J.S.A. 40A:14-118, as interpreted in Reuter v. Borough Council of Fort Lee ... designated the Township Administrator as the 'appropriate authority' pursuant to N.J.S.A. 40A:14-118. We think it helpful here to set forth at length ... in our opinion equating the 'line of authority' referenced in N.J.S.A. 40A:14-118 to an 'organizational chart,' and making that a mandatory portion ... Therefore, when we equated the 'line of authority' required by N.J.S.A. 40A:14-118 to an 'organizational chart,' we meant a listing by rank ... Reuter comment that the line of authority referred to in N.J.S.A. 40A:14-118 refers to the relationship from the chief down through the ... seems to us that, based upon the interrelated provisions of N.J.S.A. 40A:14-118, the legislative history of the 1981 amendments to that ...

docket:	a2180-07
court:	NJ Superior Court Appellate Division
decided:	2009-08-05
status:	published
citation:	409 N.J. Super. 13 975 A.2d 1006
Document Size:	38839

15 /usr/local/share/www/libweb/collections/courts/appellate/a4226-14.opn.html -- rank: 654

... with the delegation of power provided by the Legislature under N.J.S.A 40A:14-118. Further, Judge Grasso rejected the argument that the Attorney General ... order, issued pursuant to the delegation of power provided by N.J.S.A. 40A:14-118, is the equivalent of a record required by law. While ... public. Both the Law Division and the majority point to N.J.S.A. 40A:14-118 as the statute that delegates the authority to the chief of police to create a "law." N.J.S.A. 40A:14-118, however, provides a specific delegation of power to the "governing ... the police function," and appoint a chief of police. Ibid. N.J.S.A. 40A:14-118 then goes on to state: Any such ordinance, or rules ... reports as may be requested by such authority. Nowhere in N.J.S.A. 40A:14-118 did the Legislature expressly or implicitly delegate to a ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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citation:	446 N.J.Super. 163 141 A.3d 300
Document Size:	113549