Search Rutgers Law Library N.J. Court Opinions

1 MARY HYLAND v. TOWNSHIP OF LEBANON -- rank: 1000

... was void because it reduced her salary, in violation of N.J.S.A. 40A:9-165. Plaintiff also alleged that the October 15, 2008, resolution constituted ... argued that the Township's October 15, 2008, ordinance violated N.J.S.A. 40A:9-165 because it reduced her salary. She also maintained that the ... maintained that the elimination of such compensation did not violate N.J.S.A. 40A:9-165. The trial court addressed the motions in a written opinion ... purely legal issue" for the court to address, specifically, whether N.J.S.A. 40A:9-165 barred the Township from adopting the 2008 resolution. The court ... over which PERC has jurisdiction. The court additionally noted that N.J.S.A. 40A:9-165 precludes a municipality from reducing the "salary" of a tax ... Rather, plaintiff alleges that the Township violated her rights under N.J.S.A. 40A:9-165 and her contract by refusing to pay her for ...

docket:	a4139-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-07
status:	published
citation:	419 N.J. Super. 375 17 A.3d 233
Document Size:	27903

2 ARTHUR B. CARLSON, JR v. CITY OF HACKENSACK -- rank: 912

... count one); in reducing his salary was unlawful, contrary to N.J.S.A. 40A:9-165 (count two); and in reducing his salary and eliminating his ... the City's action in reducing plaintiff's salary violated N.J.S.A. 40A:9-165 prohibits a municipality from reducing its tax assessor's salary ... 2008 orders. The City argues that it did not violate N.J.S.A. 40A:9-165 when it changed plaintiff's employment from full time to ... his term as tax assessor by the plain language of N.J.S.A. 40A:9-165. Amici curiae State of New Jersey and the Association of ... 183 N.J. at 492. Here, the controlling statute is N.J.S.A. 40A:9-165. That statute provides in pertinent part: The governing body or ... cross-motion for partial summary judgment. The City argues that N.J.S.A. 40A:9-165 cannot be read in isolation, but must be read ...

docket:	a2898-08
court:	NJ Superior Court Appellate Division
decided:	2009-12-01
status:	published
citation:	410 N.J. Super. 491 983 A.2d 203
Document Size:	49504

3 IRIS HERNANDEZ-TURNER et al. v. and JERRY HANNAN -- rank: 881

... have been reviewed according to the less stringent requirements of N.J.S.A. 40A:9-165, rather than the more rigorous standards of the general referendum ... 112 was not a salary ordinance within the purview of N.J.S.A. 40A:9-165 and moved to dismiss the action on the grounds that ... judge: (1) declared that the petition was valid pursuant to N.J.S.A. 40A:9-165 to [plaintiffs'] petition when the petition included an ordinance beyond ... App. Div.), certif. denied , 53 N.J. 80 (1968)). Both N.J.S.A. 40A:9-165, the salary referendum provision, and N.J.S.A. 40 ... of salary ordinances which are governed by the provisions of N.J.S.A. 40A:9-165." Lawrence v. Butcher , 130 N.J. Super. 209 , 212 (App ... 26 (Law Div. 1979) (finding that the salary provision in N.J.S.A. 40A:9-165, prevails over the general referendum provisions of N.J. ...

docket:	a6668-05
court:	njappellate
decided:	2007-08-02
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	45847

4 IN THE MATTER OF LUIS PASTORIZA, CAMDEN -- rank: 869

... the City's temporary layoff plan violated his rights under N.J.S.A. 40A:9-165. We reverse. I. Pastoriza is the City's tenured municipal ... furloughs) for [their tenured] positions." The three signatories specifically identified N.J.S.A. 40A:9-165 as authority to demand being excluded from the layoff plan ... Commission issued its determination, stating that "there is nothing in N.J.S.A. 40A:9-165 which prohibits a [municipal clerk] from being laid off." The Commission went on to declare that " N.J.S.A. 40A:9-165 does not provide any special protections to the Municipal Clerk ... issues in civil service municipalities with the narrow application of N.J.S.A. 40A:9-165's salary protection for municipal clerks everywhere in the State. The Commission concluded that because N.J.S.A. 40A:9-165 included language making it subject to Title 11A, 2 ...

docket:	a4109-10
court:	NJ Superior Court Appellate Division
decided:	2012-10-29
status:	unpublished
citation:
Document Size:	26086

5 THE CITY OF OCEAN CITY v. JOSEPH SOMERVILLE, et al. THE CITY OF OCEAN CITY v. JOSEPH SOMERVILLE -- rank: 869

... N.J. Super. 117 , 122 (Law Div. 1981). In addition, N.J.S.A. 40A:9-165, which applies to all municipalities and not just those governed ... be paid to the officers and employees of the municipality." N.J.S.A. 40A:9-165. Salaries, wages and compensation must be "fixed" by ordinance, 299 ... Increases, decreases, or alterations must also be enacted by ordinance. N.J.S.A. 40A:9-165. "Fixing" a salary means "determining a salary range for a ... any managerial or confidential employee, as distinguished from ordinary employees. N.J.S.A. 40A:9-165. This provision, providing a specific referendum procedure, has been held ... salaries, wages, or compensation "shall take effect as provided therein." N.J.S.A. 40A:9-165. There is no mandatory abeyance period for that portion of the ordinance, N.J.S.A. 40A:9-165, the voters may not seek a referendum on it, ...

docket:	A1982-06 a1982-06
court:	NJ Superior Court Appellate Division
decided:	2007-09-13 2008-10-10
status:	unpublished Published
citation:	403 N.J. Super. 345 958 A.2d 465
Document Size:	108980

6 LARRY S. LOIGMAN, ESQ., JOSEPH McGRATH, AND JAMES J. GRIFFIN -- rank: 796

... of office of the municipal attorney shall be 1 year. N.J.S.A. 40A:9-165 provides in relevant part: The governing body of a municipality ... The words 'unless otherwise provided by law' were added to N.J.S.A. 40A:9-165 in 1985. L. 1985, c. 374, § 10. Reilly argues for ... Sec. 9 (Feb. 6, 1984). Accordingly, the bill 'amend[ed] N.J.S.A. 40A:9-165 in order to avoid a possible conflict of laws situation ... 8). Therefore, the phrase 'unless otherwise provided by law' in N.J.S.A. 40A:9-165 carved out an exception from the general requirement that compensation ... phrase plays no role in our interpretation and application of N.J.S.A. 40A:9-165 in this case. Under the Local Public Contracts Law, municipalities ... through or affecting it, must have a designated legal officer. N.J.S.A. 40A:9-165, which provides that municipalities, by ordinance, shall determine the ...

docket:	a3340-07
court:	superior court appellate division
decided:	2009-08-05
status:	unpublished
citation:	409 N.J. Super. 1 975 A.2d 999
Document Size:	27187

7 H. LESLIE McCURRIE, et al. v. TOWN OF KEARNY (for discovery purposes and on Third Count), -- rank: 796

... to waive any salary increase due him as required by N.J.S.A. 40A:9-165.         BE IT FURTHER RESOLVED by the Mayor and Council of ... 27,500, plus accrued vacation and sick time.     Citing to N.J.S.A. 40A:9-165, the motion judge disagreed and concluded that the money received ... a salary which would require the passage of an ordinance. N.J.S.A. 40A:9-165.     Generally, a municipality may exercise its delegated powers "through either ... resolution is sufficient. The purpose of the salary ordinance provision, N.J.S.A. 40A:9-165, is to empower the governing body to fix salaries. Lettieri ...

docket:	a4978-98
court:	njappellate
decided:	2001-10-26
status:	published
citation:	344 N.J. Super. 470
Document Size:	48362

8 Casamasino v. Div. of Taxation -- rank: 678

... increases awarded to other township employees. The assessor relied on N.J.S.A. 40A:9-165, which provided in part:         Salaries, wages or compensation fixed and ... before the municipality.             The purpose of the 1982 amendment to N.J.S.A. 40A:9-165 is to enhance the assessor's independence. The amendment does ...

docket:	a-201-97
court:	njsupreme
decided:	1999-05-27
status:
citation:	158 N.J. 333
Document Size:	88637

9 In re Referendum Petition to Repeal Ordinance 04-75 -- rank: 630

... to be submitted to the voters for ratification pursuant to N.J.S.A. 40A:9-165. Under that statute, an increase in salary of a managerial ... to be submitted to the voters for ratification pursuant to N.J.S.A. 40A:9-165. Under that statute, an increase in salary of a managerial ... of administrative services is not subject to referendum pursuant to N.J.S.A. 40A:9-165. For that reason, all further reference to Ordinance 04-75 ...

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

10 LAKEWOOD CITIZENS FOR FISCAL INTEGRITY, v. TOWNSHIP OF LAKEWOOD -- rank: 569

... every local government employee must be fixed by ordinance. See N.J.S.A. 40A:9-165; Cooper v. Mayor, 299 N.J. Super. 174, 179 (App ... d on other grounds, 174 N.J. 523 (2002) (citing N.J.S.A. 40A:9-165). ''[W]hen the law requires a proceeding to be instituted ...

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

11 TOWN OF WEST NEW YORK v. JANET PASSANTE -- rank: 530

... municipality" which "may . . . be increased, decreased or altered by ordinance." N.J.S.A. 40A:9-165; see also McCurrie , supra , 344 N.J. Super. at 478 ... resolution is sufficient. The purpose of the salary ordinance provision, N.J.S.A. 40A:9-165, is to empower the governing body to fix salaries. Lettieri ... to pay her additional salary and therefore was required by N.J.S.A. 40A:9-165 to be effectuated by an ordinance rather than by the ...

docket:	a4191-12
court:	NJ Superior Court Appellate Division
decided:	2015-02-27
status:	unpublished
citation:
Document Size:	34645

12 IN RE REFERENDUM PETITION TO REPEAL ORDINANCE 04-75 -- rank: 515

... subject to ratification by the voters as set forth in N.J.S.A. 40A:9-165." The committee of citizens that sponsored the petitions and a ...

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

13 JOSEPH A. MARINI v. CITY OF CAMDEN -- rank: 509

... 3 Marini's salary as Chief was fixed by ordinance. N.J.S.A. 40A:9-165; Liebeskind v. Mayor & Mun. Council of Bayonne , 265 N.J ...

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

14 PATRICIA A COOPER, ET AL, VS THE MAYOR & BOROUGH COUNCIL FOR THE BOROUGH OF HADDON HEIGHTS -- rank: 493

... ordinance violated the rights of two of the plaintiffs' under N.J.S.A. 40A:9-165 because the ordinance denied them "without good cause an increase ... entities may be bound by contracts implied-in-fact . See N.J.S.A. 40A:9-165. The latter statute also provides that "[s]alaries, wages or ... compensation, it could not preempt the municipality's power under N.J.S.A. 40A:9-165 to establish by ordinance a different compensation scheme.     We conclude ...

docket:	a2871-95
court:	njappellate
decided:	1997-03-13
status:	published
citation:	<a href=
Document Size:	20613

15 DIANE HESLEY v. THE CITY OF SOMERS POINT -- rank: 403

... tax assessor were not substantially equal. The judge, relying upon N.J.S.A. 40A:9-165, also found that as an incumbent tax assessor, the City ...

docket:	A2713-04
court:	NJ Superior Court Appellate Division
decided:	2006-08-30
status:	unpublished
citation:
Document Size:	61353