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GAYDER v. SPIOTTA

206 N.J. Super. 556 (1985)

503 A.2d 348

FREDERICK E. GAYDER, PLAINTIFF-RESPONDENT, v. BERTRAND SPIOTTA, PERSONALLY, DEFENDANT-APPELLANT, AND BERTRAND SPIOTTA, AS VILLAGE PRESIDENT AND APPROPRIATE AUTHORITY OF THE TOWNSHIP OF SOUTH ORANGE, AND THE BOARD OF TRUSTEES OF THE TOWNSHIP OF SOUTH ORANGE, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided December 24, 1985.

Attorney(s) appearing for the Case

Albert G. Besser argued the cause for appellant (Hannoch Weisman, attorneys; Albert G. Besser, of counsel; Miriam E. Cahn, on the brief).

Robert F. Colquhoun argued the cause for respondent (Colquhoun & Colquhoun, attorneys; Robert F. Colquhoun, on the brief).

Before Judges PRESSLER, BILDER and GRUCCIO.

The opinion of the Court was delivered by PRESSLER, P.J.A.D.

This controversy has its genesis in an ordinance adopted by the Village of South Orange which, pursuant to N.J.S.A. 40A:14-118, designated the village president as the "appropriate authority" to exercise supervisory control over the police department.

The village president, defendant Bertrand Spiotta, acting in accordance with the ordinance, issued a memorandum of policy respecting departmental...

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