15 N.J. Misc. 687 | N.J. | 1937
The opinion of the court was delivered by
Did the removal of prosecutor trench upon chapter 226, Pamph. L. 1927, which relates to tenure of police officers under township government? The pertinent provisions of the act of 1927, supra, provide that “the officers and men employed in the police departments of such townships shall hold their respective offices and places * * * during good behavior and shall not be removed * * * for political reasons, or on any ground except incapacity or disobedience, after hearing, upon written charges and a fair and impartial hearing upon such charges * *
Prosecutor, a duly licensed physician of this state was, on June 16th, 1931, regularly appointed to the then existent position of police surgeon of the police department of the township of Hamilton at the yearly salary of $1,000. His position is not a sinecure. Cf. Paddock v. Hudson Tax Board, 82 N. J. L. 360; 83 Atl. Rep. 185. His duties, inter alia, consisted of “checking on officers when they went on duty, checking on them to see whether they were fit to go on duty, the examination of rape eases, the examination of drunken drivers * * * to go out on drowning cases when called
Por the prosecutor it is contended that respondent did not abolish his position, that the passage of the ordinance and the termination of his services were inspired, motivated and effected not in good faith in the interests of economy but in bad faith, solely for political reasons contrary to the act of 1927, supra.
Por respondent it is contended not that prosecutor’s position was abolished because it was useless (Cf. Hunziker v. Kent, 111 N. J. L. 565 ; 168 Atl. Rep. 825; Santucci v. Paterson, 113 N. J. L. 192; 173 Atl. Rep. 611), but rather because of the existence of a financial emergency necessitating strict economy, and that it acted in good faith. That contention is made to rest, in substance, upon the claims that tax collections were only about fifty-nine per cent.; that demands for relief upon it had greatly increased; that it was confronted with an unexpected demand of $6,400 by the state highway department after the passage of the budget for 1936, in payment of its share for the acquisition of certain rights of way; that it was obliged to make automatic wage scale
Let us recur to the record. What does it disclose? We find that as a result of the election in 1935 the complexion of the political majority of the personnel of the township committee changed; that they were of different political allegiance from that of prosecutor; that immediately following their election they boldly but frankly admit that they determined to replace prosecutor with one Dr. Corrigan, because he was a member of their own political party, and the prosecutor was not; that with but very few exceptions, irrespective of their stated reason of an emergency calling for economy, they distributed the patronage on the old time political theory that “to the victors belong the spoils.” Respondent was advised by the township counsel that prosecutor could not be so replaced. But neither prosecutor’s tenure nor their counsel’s advice as to the law was permitted to thwart them in their set objective. Thus the challenged ordinance was conceived, enacted and prosecutor was dismissed.
Let it be observed that prosecutor and his counsel appeared at a meeting of the township committee when the final passage of the ordinance was considered. For prosecutor an offer was made, notwithstanding respondent’s denial thereof, that he would carry on his duties, in the true spirit of economy, for the same pay that respondent was going to pay his successor for the performance of his duties. The offer was not accepted. The term of the then township physician expired on January 1st, 1937. The performance of prosecu
Despondent, contrary to the action of its predecessors in office for several years past, partially restored pay cuts to officers in order to carry out their political promises made. As observed in the per curiam on the allowance of the writ, it suddenly filled positions in the police department “which had been dormant for years.” notwithstanding its claim of economy, the costs for the administration of the police department for the year of 1936 was $2,000 more than it was for the year 1935. Despondent’s cry of economy is specious. And its letter to prosecutor — a licensed physician and surgeon — stating “* * * Because of your splendid record of service to the police department * * * if you would consider becoming * * * a patrolman * * * you should be given a great deal of consideration” (mark: not the job), has both the earmarks of insolence and bad faith. It is well characterized as indicative of a purpose to add insult to injury.
Political reasons, prohibited under the act, and not reasons of economy, or reasons which had for their purpose the betterment of the public service, were the real reasons for the enactment of the ordinance and the dismissal of the prosecutor. We are entirely satisfied that prosecutor has fully established a clear showing of bad faith on the part of respondent. Blair v. Brady, 11 N. J. Mis. R. 854; 168 Atl. Rep. 769; Ziegler v. Hachensack, 113 N. J. L. 215, 219; 174 Atl. Rep. 199; affirmed, 114 N. J. L. 186; 176 Atl. Rep. 324; Linden v. Board of Chosen Freeholders, Sussex (No. 227, May term, 1937, Supreme Court).
The challenged ordinance and the dismissal of prosecutor is set aside, with costs.