State v. Brandon Morrison(076379), 151 A.3d 561

Morrison, a volunteer EMT and treasurer of the private, non-profit Pemberton Rescue Squad, was indicted for theft-related offenses and second-degree official misconduct for allegedly forging checks and misusing Squad funds totaling over $20,000.
The Squad contracted with Pemberton Township for $25,000 annually to provide back-up emergency ambulance services; Lourdes Health System provided primary EMS coverage under a separate contract.
As treasurer Morrison maintained the checkbook but lacked unilateral authority to expend funds; an audit found $5,345.82 in purchases with no justifiable basis.
Trial court dismissed the official-misconduct charge, holding a volunteer EMT in a contracted private squad is not a “public servant” under N.J.S.A. 2C:27-1(g); Appellate Division affirmed in a divided panel.
The State appealed to the New Jersey Supreme Court to determine whether Morrison was a “public servant” for purposes of the official-misconduct statute.
The Supreme Court affirmed dismissal of the official-misconduct count and remanded the remaining charges, holding that private volunteer EMTs in this contractual context do not perform a uniquely governmental or exclusive public function.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a volunteer EMT in a private, municipally‑contracted rescue squad is a “public servant” under N.J.S.A. 2C:27‑1(g) for official‑misconduct purposes	Morrison performed a governmental function; legislative benefits, public funding, and authority (e.g., emergency lights) make EMTs like volunteer firefighters and thus subject to official‑misconduct	Private squad members perform services also provided by private entities (e.g., hospitals); contracting and public funds alone do not convert them into public servants; statute must give fair notice	The Court held Morrison was not a public servant: private, contracted EMTs do not exercise uniquely governmental authority nor perform functions exclusive to government in any traditional sense; official‑misconduct charge dismissed

State v. Perez, 185 N.J. 204 (2005) (private agent acted as government alter ego when delegated uniquely governmental DMV functions)
State v. Mason, 355 N.J. Super. 296 (App. Div. 2002) (private nonprofit education contractor not a public servant though funded by public dollars)
State v. Williams, 189 N.J. Super. 61 (App. Div. 1983) (mere receipt of public funds does not create public‑office status)
State v. Quezada, 402 N.J. Super. 277 (App. Div. 2008) (volunteer firefighter can be a public servant because firefighting is a traditional governmental function)
State v. Vickery, 275 N.J. Super. 648 (Law Div. 1994) (S.P.C.A. agent with statutory enforcement powers treated as public servant)
Groman v. Township of Manalapan, 47 F.3d 628 (3d Cir. 1995) (volunteer first‑aid squad receiving public funds not a state actor for §1983 purposes)
Eggleston v. Prince Edward Volunteer Rescue Squad, 569 F. Supp. 1344 (E.D. Va. 1983) (rescue squads not performing an exclusive public function)
Jackson v. Metro. Edison Co., 419 U.S. 345 (1974) (private entity is a state actor only when exercising powers traditionally or exclusively reserved to the State)