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BERGEN COUNTY v. DEPT. OF CIVIL SERVICE OF N.J.

115 N.J. Super. 90 (1971)

278 A.2d 232

COUNTY OF BERGEN, APPELLANT, v. DEPARTMENT OF CIVIL SERVICE OF THE STATE OF NEW JERSEY, ET ALS., RESPONDENTS, v. ROY MORRISEY AND COUNTY DETECTIVES ASSOCIATION OF NEW JERSEY, INTERVENORS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 7, 1971.

Attorney(s) appearing for the Case

Mr. Edwin C. Eastwood, Jr., Assistant County Counsel, argued the cause for appellant (Mr. Michael J. Ferrara, County Counsel, attorney).

Mr. David S. Litwin, Deputy Attorney General, argued the cause for respondents (Mr. George F. Kugler, Jr., Attorney General of New Jersey, attorney).

Statement in lieu of brief filed on behalf of County Detectives Association of New Jersey, Inc. by Paul R. Williams, Jr.

Before Judges CONFORD, KOLOVSKY and CARTON.

The opinion of the court was delivered by CARTON, J.A.D.

The main question required to be resolved on this appeal is whether a county board of chosen freeholders or the county prosecutor, as employers, have the power and authority to transfer members from the county police force to full-time investigative positions in the prosecutor's office without first obtaining approval from the Civil Service Commission.

The issue comes before us as the result of an appeal...

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