Melchionne v. Newark

6 Citing cases

  1. In the Matter of Code Enforcement Officer

    349 N.J. Super. 426 (App. Div. 2002)   Cited 3 times

    The appointing authority retains the discretion to determine which areas of municipal government provide mandatory or critical services and which positions could be eliminated during a fiscal crisis. Melchionne v. Newark, 60 N.J. Super. 104, 121 (App.Div.), aff'd, 33 N.J. 404 (1960); Greco v. Smith, 40 N.J. Super. 182, 189-90 (App.Div. 1956). And as to the former, the City is entitled to employ provisional employees in titles for which no eligible lists are currently outstanding.

  2. Melchionne v. Newark

    34 N.J. 16 (N.J. 1961)   Cited 3 times

    " The Department of Civil Service held they did not and hence approved their "demotion" to "laborer-driver." The Appellate Division reversed. 60 N.J. Super. 104 (1960). Both the Department and the City of Newark appeal, asserting the judgment violates Art. VII, § I, par. 2 of the Constitution, the provisions relating to the civil service.

  3. Omrod v. N.J. Department of Civil Service

    151 N.J. Super. 54 (App. Div. 1977)   Cited 6 times
    In Omrod, plaintiff held a provisional appointment as a supervisor of recreation at the Vineland State School for eight years.

    Since the relief plaintiff seeks would result in the ouster of a duly qualified and totally innocent holder of the position we reluctantly decline to grant her request. Plaintiff relies upon Melchionne v. Newark, 60 N.J. Super. 104 (App.Div. 1960) aff'd 34 N.J. 16 (1961), where the Supreme Court upheld the claims of permanent job status of certain Newark employees under civil service because "the responsibility for this muddled scene is chargeable to the Department and the City." 34 N.J. at 19.

  4. Loboda v. Township of Clark

    74 N.J. Super. 159 (Law Div. 1962)   Cited 8 times

    Our courts have held that the purpose of Civil Service legislation was to put positions in the classified service beyond political control, or the exercise of partisanship and personal favoritism, in order to secure the best public service for the municipality, Scancarella v. Dept. of Civil Service, 24 N.J. Super. 65 ( App. Div. 1952), and that Civil Service law is to be liberally interpreted to further its wholesome purpose. Marra v. Parsippany-Troy Hills Township, 24 N.J. 113 (1957); Melchionne v. City of Newark, 60 N.J. Super. 104 ( App. Div. 1960). N.J.S.A. 11:21-5.2 and N.J.S.A. 11:21-6 definitely provide for tenure protection for these three defendants, and the case of Devlin v. Cooper, 125 N.J.L. 414 ( E. A. 1940), holds in effect that the Civil Service Act is a tenure of office law.

  5. Demoura v. Newark

    74 N.J. Super. 49 (App. Div. 1962)   Cited 9 times
    In Demoura the plaintiff in a multi-count complaint challenged among other things, that the budget of the City of Newark was null and void, that numerous officials and employees of the City of Newark were holding offices improperly and illegally and that the City of Newark was making improper and illegal appropriations and payments of salaries.

    formative charge, plaintiff demanded that the city cease paying salaries or wages to officers and employees who, at the trial of the cause, were proved to have been illegally appointed or employed; that the court order restitution to the city by persons found to have violated N.J.S.A. 11:22-22, of that portion of monies paid as the court deemed "fit and equitable," reserving to plaintiff 5% of the monies so restored, as authorized by the statute; that defendant Department of Civil Service be ordered to comply with Title 11 (Civil Service), and that the prosecutor be instructed to apprehend such persons as were proved to have violated a penal statute. Count 4 repeated counts 1, 2 and 3 and charged that improper and illegal appropriations and payments of salaries or wages were made, involving nine named persons "illegally" appointed to the position of Foreman, Parks and Trees, Bureau of Parks and Grounds, Department of Public Works, on and after June 27, 1957 (see, in this connection, Melchionne v. Newark, 60 N.J. Super. 104 ( App. Div. 1960), affirmed 34 N.J. 16 (1961)), as well as all persons who were "improperly and illegally" appointed to the Civil Service positions of those nine employees. Plaintiff demanded that all persons responsible for violating Title 11 make restitution of that portion of salaries and wages paid as the court saw fit and equitable, reserving to plaintiff his finder's fee under N.J.S.A. 11:22-22; and that the prosecutor be instructed to proceed against the persons involved, under R.S. 11:26-1.

  6. Marshall v. Hudson Co. Bd. of Chosen Freeholders

    60 N.J. Super. 587 (App. Div. 1960)   Cited 1 times

    N.J.S.A. 11:22-16; R.S. 11:22-32; see also Jersey City v. Department of Civil Service, 57 N.J. Super. 13, 18 ( App. Div. 1959). Cf. Melchionne v. City of Newark, 60 N.J. Super. 104, 120-121 ( App. Div. 1960). Had plaintiff remained in her original position the reclassification would have resulted in two principal clerk stenographer positions in the county engineering office instead of only one.