Falcone v. De Furia

510 A.2d 1174, 103 N.J. 219, 1986 N.J. LEXIS 968
CourtSupreme Court of New Jersey
DecidedJuly 9, 1986
StatusPublished
Cited by25 cases

This text of 510 A.2d 1174 (Falcone v. De Furia) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Falcone v. De Furia, 510 A.2d 1174, 103 N.J. 219, 1986 N.J. LEXIS 968 (N.J. 1986).

Opinion

The opinion of the Court was delivered by

POLLOCK, J.

This case questions the validity of an ordinance that provides for appointment of detectives by the police chief with the approval of the governing body. In reported decisions, both the Law Division, 199 N.J.Super. 549 (1984), and the Appellate Division, 199 N.J.Super. 554 (1985), found the ordinance to be valid. We granted certification, 101 N.J. 291 (1985), and now affirm the judgment of the Appellate Division.

*221 Before 1981, N.J.S.A. 40A:14-118 gave municipal governing bodies broad authority to regulate the internal affairs of police departments, including the authority to prescribe the duties and functions of police officers. The powers of a chief of police derived not from a statute, but from municipal ordinances and regulations. Smith v. Township of Hazlet, 63 N.J. 523, 526-27 (1973). During this period, a Little Falls ordinance had empowered the Township Committee to appoint members of the police department, to prescribe duties of the members, and had established a detective bureau, to which members were assigned by the chief of police with the approval of the police commissioner.

In 1981 the Legislature amended N.J.S.A. 40A:14-118 to redefine the relationship between a municipal governing body and the chief of police. The amendment states that municipalities by ordinance shall “provide for a line of authority relating to the police function * * 1 The statute further states that the ordinance may provide

for the appointment of a chief of police and such and; as members, officers and personnel as shall be deemed necessary, the determination of their terms of *222 office, the fixing of their compensation and the prescription of their powers, functions and duties, all as the governing body shall deem necessary for the effective government of the force.

Furthermore, the statute declares that if the governing body establishes the position of chief of police, the chief “shall be the head of the police force and that he shall be directly responsible to the appropriate authority for the efficiency and routine day to day operations” of the police force. Pursuant to policies established by the appropriate authority, the chief shall “[prescribe the duties and assignments of all subordinates and other personnel.” N.J.S.A. 40A:14-118c. By granting chiefs of police express statutory authority, the statute sought to avoid undue interference by a governing body into the operation of the police force.

In 1983, the Little Falls Township Committee adopted Ordinance 500, which established a detective bureau and provided that the police chief should appoint detectives with the approval of the Township Committee. 2 A dispute arose between the Township Committee, Mayor and Police Commissioner, on the *223 one hand, and, on the other, the Chief of Police about who had the authority to designate detectives. After the police commissioner and Township Committee twice disapproved the chiefs choice of detectives, the Passaic County Prosecutor filed this action seeking a declaratory judgment that Ordinance 500 was invalid. Subsequently, the Chief of Police joined the action as a plaintiff.

The parties filed cross-motions for summary judgment. Noting that detectives must possess greater skill and experience *224 than patrol officers, the Law Division ruled that the permanent appointment of a detective is within the authority of the governing body. 199 N.J.Super. at 553-54. The Appellate Division affirmed substantially for the reasons set forth in the opinion of the Law Division. 199 N.J.Super. at 558.

The parties are in accord that under the statute the governing body has the power to appoint and promote members of the police force, and that the police chief has the power to assign members and conduct the day-to-day operations of the force. They disagree, however, whether the designation of a detective is included in the municipality’s power to promote and appoint or in the chief’s power to make assignments. Thus, the question becomes whether the designation of a detective should be considered to be an appointment or a promotion by the governing body or an assignment by the chief. In answering the question, we look to the difference in status, compensation, and duties of a patrol officer and of a detective.

Patrol officers, who often walk a beat or ride in a patrol car, are engaged primarily in preventing crime and protecting public safety. Detectives are entrusted with the more sensitive responsibility of detecting and investigating criminal activity. Unlike uniformed officers, detectives often work in plain clothes and may receive higher pay than patrol officers. See City Council of Garfield v. Perrapato, 117 N.J.Super. 184, 194 (App.Div.1971). Prom this, we conclude that the designation of a detective is more like an appointment or a promotion than an assignment of a subordinate within the police force.

By separate ordinance, Little Falls detectives receive a $250 annual stipend over a patrol officer’s salary. Moreover, the Little Falls ordinance makes the appointment of detectives permanent, and not subject to changes at the discretion of the chief that typify assignments. Significantly, the ordinance *225 provides that “[djetectives shall be appointed by the Chief of Police with the approval of the Township Committee.” Rather than constituting undue interference by the governing body in the operation of the police force, the ordinance represents the sharing of the power of appointment by the governing body with the police chief.

The Prosecutor and Chief of Police contend that the decision of the Appellate Division in this matter conflicts with Gauntt v. City of Bridgeton, 194 N.J.Super. 468 (App.Div.1984). In Gauntt, the director of the Department of Police & Fire, among other things, assigned policemen to perform certain tasks, ordered the police chief to consult with him before making any training assignments, suggested to the chief that he should assign policemen to patrol particular areas, and overruled the police chiefs choice for supervisor of the detective division. Id. at 474-78. As a result, the police chief brought an action claiming that the director had usurped the chiefs authority. In resolving that issue, the Appellate Division determined that the function of the governing body was to formulate “fundamental principles to serve as broad guides to the chief of police in making his decisions with respect to discharging his responsibility for the efficiency and routine day to day operation of the police department.” Id. at 486. Using that approach, the Appellate Division found that the director’s suggestion that officers patrol particular areas was an appropriate policy statement.

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Bluebook (online)
510 A.2d 1174, 103 N.J. 219, 1986 N.J. LEXIS 968, Counsel Stack Legal Research, https://law.counselstack.com/opinion/falcone-v-de-furia-nj-1986.