Search Rutgers Law Library N.J. Court Opinions

1 JOHN P. CONWAY v. BOROUGH OF FLORHAM PARK -- rank: 1000

... had terminated his employment as borough administrator in violation of N.J.S.A. 40A:9-138. Plaintiff also alleged that the members of the Borough's ... claim. The trial court found that the Borough had violated N.J.S.A. 40A:9-138 when it terminated plaintiff's employment because his removal was ... two-third vote of its governing body as required by N.J.S.A. 40A:9-138. Furthermore, after the Borough removed plaintiff from his position, plaintiff ... be at the pleasure of the governing body." In addition, N.J.S.A. 40A:9-138 states: [t]he municipal administrator may be removed by a ... 40A:9-136 and their removal would be governed by N.J.S.A. 40A:9-138. The Borough further argues that, even if N.J.S ... plaintiff to a one-year term, and the Borough violated N.J.S.A. 40A:9-138 when it terminated plaintiff's employment because its governing ...

docket:	a2323-08
court:	superior court appellate division
decided:	2010-03-05
status:	unpublished
citation:
Document Size:	46915

2 PAUL M. CARELLI v. BOROUGH OF CALDWELL -- rank: 937

... his [or her] salary for the next 3 calendar months,' N.J.S.A. 40A:9-138 – we reverse and remand for the entry of summary ... which was labeled 'Termination' and stated: '[i]n addition to N.J.S.A. 40A:9-138, Carelli shall be paid a severance package equal to one ... year of service.' 3 Mascera struck '[i]n addition to N.J.S.A. 40A:9-138,' and handwrote in the margin: '[d]espite anything contained in ... reverse the denial of Caldwell's summary judgment motion because N.J.S.A. 40A:9-138 imposes a limit on the amount of severance that a ... plausible interpretation. We are satisfied there is no ambiguity in N.J.S.A. 40A:9-138 and agree with Caldwell that the statute creates both a ... to skirt the statute's plain meaning, Carelli argues that N.J.S.A. 40A:9-138 does not address severance packages, as evidenced by the ...

docket:	a1294-21
court:	NJ Superior Court Appellate Division
decided:	2022-11-10
status:	Published
citation:
Document Size:	15970

3 A-0ERNESTO MUNOZ v. TOWN OF WEST NEW YORK July 27, 2015 -- rank: 745

... governing body" must be linked to the removal mechanism in N.J.S.A. 40A:9-138. Cabarle , supra , 167 N.J. Super. at 138. This statute ... the next 3 calendar months following adoption of the resolution. [ N.J.S.A. 40A:9-138 (emphasis added).] Read together, the two statutes reveal that "the ... position of Municipal Administrator effective July 1, 2012. Consistent with N.J.S.A. 40A:9-138, defendant also compensated plaintiff by paying him ninety days' worth ... Any "compensation" due plaintiff for his termination is fixed by N.J.S.A. 40A:9-138. His position was "at will" as a matter of law ...

docket:	a2891-13
court:	NJ Superior Court Appellate Division
decided:	2014-12-10
status:	unpublished
citation:
Document Size:	16497

4 LAKEWOOD CITIZENS FOR FISCAL INTEGRITY, v. TOWNSHIP OF LAKEWOOD -- rank: 620

... accordance with the Ordinances of the Township of Lakewood and N.J.S.A. 40A:9-138; specifically, by two thirds . . . vote of the full five . . . members ... may otherwise be directed by the governing body by ordinance.' N.J.S.A. 40A:9-138 provides: The municipal administrator may be removed by a [two ...

docket:	a3324-18
court:	NJ Superior Court Appellate Division
decided:	2020-01-08
status:	Unpublished
citation:
Document Size:	18392