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STATE v. BOARD OF HEALTH OF MORRIS TP.

208 N.J. Super. 415 (1986)

506 A.2d 52

STATE OF NEW JERSEY, COMMISSIONER OF HEALTH, PLAINTIFF-APPELLANT, v. BOARD OF HEALTH OF THE TOWNSHIP OF MORRIS, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 5, 1986.

Attorney(s) appearing for the Case

Charlotte Kitler, Deputy Attorney General, argued the cause for appellant (W. Cary Edwards, Attorney General of New Jersey, attorney; Michael R. Cole, Assistant Attorney General, of counsel; Charlotte Kitler, on the brief).

John M. Mills argued the cause for respondent (Mills, Hock, Dangler & Mills, attorneys; John M. Mills, on the brief).

Michael A. Pane submitted a brief on behalf of amicus curiae New Jersey Health Officers Association.

Before Judges PRESSLER, DREIER and BILDER.

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

On this appeal we are asked to decide whether a municipality may satisfy the requirement that it have a full-time health officer, see N.J.S.A. 26:3A2-14, by contractual delegation to a private firm. Defendant Board of Health (Board) has not employed a full-time health officer since April 1983 but has, in substitution, contracted with a private firm to provide the services. The services have since then...

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