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McKann v. Town of Irvington

Decided: May 15, 1945.

GEORGE C. MCKANN, JR., PROSECUTOR,
v.
TOWN OF IRVINGTON AND EDWARD D. BALENTINE, DIRECTOR OF PUBLIC SAFETY, ANDREW COLEMAN AND AUGUST WALTERS, RESPONDENTS



On certiorari.

For the prosecutor, Riker, Marsh & Shipman (Irving Riker, of counsel).

For the respondents Town of Irvington and Balentine, John J. Gaffey (Herman W. Kurtz, of counsel).

For the respondents Coleman and Walters, Charles E. McCraith, Jr.

Before Justices Parker and Colie.

Colie

The opinion of the court was delivered by

COLIE, J. Prosecutor was allowed a writ of certiorari to review the legality of the action of respondent Edward D.

Balentine, Director of Public Safety of the Town of Irvington, in ordering increases in salary to members of the police and fire departments.

The Town of Irvington is under the commission form of government and in accordance with the statutory mandate the executive, administrative, judicial and legislative powers, authorities and duties were distributed among the five departments. The Department of Public Safety was assigned to respondent Balentine, and that assignment included the police and fire departments.

In 1937 Irvington adopted the provisions of the Civil Service Act and the following year the Civil Service Commission in accordance with the provisions of R.S. 11:24-1 prepared classifications and suggested standards of salaries or wages to be paid officers and employees in the classified service of the municipalities. These recommendations, which cover forty-two printed pages of the state of case, were forwarded by the Civil Service Commission to the town.

In 1939 Irvington adopted an ordinance hereinafter referred to as Ordinance No. 1517, which reads, in part:

"An Ordinance Concerning Officers and Employees of the Town of Irvington, Essex County, New Jersey, under the Provisions of the Civil Service Act of the State of New Jersey and Adopting Appropriate Titles, Salaries and Salary Ranges Therefor, and Setting up the Respective Duties, Typical Tasks, and the Minimum Qualifications, ...


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