Mulligan v. WilsonMulligan v. Wilson
Thomas Mulligan appeals from an administrative decision of the Department of Civil Service (Department) refusing to certify him as eligible for appointment as a police officer of the City of Hoboken.
Appellant‘s first point is that there is no statutory authority for the height limitation imposed and that absent a specific delegation of power by the Legislature the Department had no authority to prescribe such a requirement. He further argues that rules and regulations adopted by the Department also do not provide for such a height requirement. We are satisfied that appellant reads the Civil Service Act and the rules and regulations too narrowly.
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Under the rules and regulations the chief examiner and secretary of the department is charged with the responsibility of directing the testing of applicants аnd to establish minimum qualifications required for the satisfactory performance of the duties and tasks of the position. Civil Service Rules 2 and 11, now N.J.A.C. 4:3-8(13). The examination may include tests of physical qualifications of the applicant.
While it is true, as alleged by appellant, that neither the Civil Service Act nor the rules and regulations adopted by the Departmеnt specifically fix the height requirements for police officers, we are satisfied that properly construed the statute and rules grant the Department such authority. The grant of an express power by the Legislature is always attended by such incidental authority as is fairly and reasonably necessary or appropriate to make it effective, and authority granted to an administrative agency should be construed so as to permit the fullest accomplishment of the legislative intent. Cammarata v. Essex County Park Comm‘n, 26 N.J. 404, 411 (1958).
Since the Department is directed to conduct competitive examinations based on merit and fitness, including tests of physical qualifications for a position, we conclude that it is implicit in the provisions of the statute and the rules that the chief examiner and secretary has the authority to fix minimum physical qualifications for the position, including height requirements.
Appellant‘s second point is that the minimum height requirement of 5‘7” fixed by the Departmеnt is arbitrary and capricious because it bears no relationship to the performance of the duties of a policе officer. In the field of
In fixing the height requirеment the chief examiner and secretary unquestionably considered the nature of the work involved in arriving at a determination to еstablish a minimum height at 5‘7“. It seems obvious that the physical stature of a police officer may be an essential factor in determining whеther he is capable of performing the duties of the position and that an undersized person might not be able to adequately fulfill the responsibilities imposed upon him. The Department has provided us with a summary of the height requirements of police officers in 139 jurisdictions (county and municipal) in the 50 States, compiled by the International Association of Chiefs of Police. It reveals that in only one jurisdiction (Cheyenne, Wyoming) is the height requirement less than 5‘7” namely, 5‘6“. In 22 jurisdictions the requirement is 5‘7” (the standard adopted in New Jersey) while 113 jurisdictions require applicants to be at least 5‘8” in height. We are satisfied that the action of the Department fixing 5‘7” as a minimum height requirement was not unreаsonable or arbitrary.
Appellant also argues that the height requirement is arbitrary because the Department waives the requirеment for some applicants but refused to do so in his case. The argument is frivolous. It appears that the Department will consider waiving the height requirement at the request of a municipality, under certain conditions, where the deficiency is not more than one inсh. This is not evidence that enforcement of the height requirement is arbitrary, capricious or discriminatory as to appellant, whose height deficiency was almost two inches.
Appellant‘s final point that the height requirement fixed for police officers violates the equal protection clause of the Federal Constitution lacks merit. It is not arbitrary;
Affirmed.