Opinion
Argued March 31, 1980 —
Decided April 21, 1980.
Appeal from The Superior Court, Chancery Division, Mercer County, entered judgment, 167 N.J. Super. 588.
Before Judges ALLCORN and MORGAN.
Paul D. McLemore, Assistant County Counsel, argued the cause for the appellants ( Harvey L. Stern, Mercer County Counsel, attorney; William L. Boyan, Assistant County Counsel, of counsel).
Robert A. Fagella, Deputy Attorney General, argued the cause for the respondents T. Edward Hollander and New Jersey Department of Higher Education ( John J. Degnan, Attorney General, attorney; Erminie L. Conley, Assistant Attorney General, of counsel; Robert A. Fagella on the brief).
Garrett M. Heher argued the cause for respondent Mercer County Community College ( Smith, Stratton, Wise Heher, attorneys; Garrett M. Heher and Charles F. Martinson on the brief).
Sterns, Herbert Weinroth filed a brief on behalf of New Jersey Education Association and Mercer County Community College Faculty Association, amici curiae.
The judgment of the Chancery Division is affirmed essentially for the reasons expressed by Judge Greenberg reported at 167 N.J. Super. 588 (1979), and on the additional areas of incompatibility of the two offices existing under various statutes, including particularly N.J.S.A. 40:41A-37(b), N.J.S.A. 40A:9-23 and N.J.S.A. 18A:64A-9, which respectively require approval by the board of freeholders of the appointment of county community college trustees and delegates to the board of freeholders the power to remove them. Atlantic Commun. College v. Civil Service Comm'n, 59 N.J. 102 (1971); Mercer Commun. College v. Sypek, 160 N.J. Super. 452 (App.Div. 1978), certif. den. 78 N.J. 327 (1978). See also, for example, N.J.S.A. 18A:64A-12(j), 19, and 24.
Affirmed.