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OCHES v. TOWNSHIP OF MIDDLETOWN POLICE DEPT.

155 N.J. 1 (1998)

713 A.2d 993

ROBERT OCHES, APPELLANT-APPELLANT, v. TOWNSHIP OF MIDDLETOWN POLICE DEPARTMENT, RESPONDENT-RESPONDENT, AND MERIT SYSTEM BOARD, APPELLANT.

The Supreme Court of New Jersey.

Decided June 1, 1998.

Attorney(s) appearing for the Case

June K. Forrest, Senior Deputy Attorney General, argued the cause for appellant Merit System Board (Peter Verniero, Attorney General of New Jersey, attorney; Mary C. Jacobson, Assistant Attorney General, of counsel).

Steven A. Varano, argued the cause for appellant Robert Oches.

Bernard M. Reilly, argued the cause for respondent (Dowd & Reilly, attorneys).

Paul L. Kleinbaum, submitted a brief on behalf of amicus curiae, New Jersey State Policemen's Benevolent Association (Zazzali, Zazzali, Fagella & Nowak, attorneys).

The opinion of the Court was delivered by STEIN, J.

This appeal requires us to determine whether a provision of the Civil Service Act, and an implementing regulation, authorizing the award of counsel fees to a police officer exonerated in a disciplinary proceeding involving conduct not in furtherance of his official duties, can be reconciled with a provision in the statutes regulating municipal police forces that does not authorize such a counsel fee award.

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