In re Taylor

952 A.2d 1025, 196 N.J. 162, 2008 N.J. LEXIS 891
CourtSupreme Court of New Jersey
DecidedJuly 28, 2008
StatusPublished
Cited by3 cases

This text of 952 A.2d 1025 (In re Taylor) 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
In re Taylor, 952 A.2d 1025, 196 N.J. 162, 2008 N.J. LEXIS 891 (N.J. 2008).

Opinion

Justice WALLACE, JR.,

delivered the opinion of the court.

The Cape May County Prosecutor (Prosecutor) petitioned the Assignment Judge pursuant to N.J.S.A 2A:158-7 to direct the Cape May County Board of Chosen Freeholders (County) to appropriate additional necessary funds for the Prosecutor’s Office beyond the amount initially approved by the County. Most of the funds sought were for salary increases that were consistent with employees in other offices of county prosecutors throughout the State. Some of the requests, however, exceeded the previously agreed-to amounts in certain collective bargaining agreements. The Acting Assignment Judge rejected the County’s argument that the Prosecutor must establish that the additional expenditures were “necessary” and concluded that the Prosecutor need only show that his requests for additional funds were “appropri[167]*167ate.” Applying that standard, the judge essentially granted the Prosecutor’s requests for those employees who were not governed by existing collective negotiations agreements and denied the salary increases for those who were governed by such agreements.

The Appellate Division affirmed. We granted the County’s petition for certification and now reverse. We conclude that the plain language of N.J.S.A 2A:158-7 authorizes the Assignment Judge to approve only those expenditures beyond those appropriated by the County that are “reasonably necessary.”

I.

The facts are not contested. In the fall of 2005, the Prosecutor submitted his 2006 budget request to the County. In anticipation that the County would not fully fund his request, the Prosecutor also sought permission from the New Jersey State Attorney General’s Office to file an application under N.J.S.A. 2A:158-7 (Bigley application1). In turn, the Attorney General conducted an analysis of the Prosecutor’s Office before authorizing the Prosecutor to proceed with a Bigley application if necessary.

When the County failed to approve all of the Prosecutor’s budgetary requests, the Prosecutor filed the Bigley application in the Law Division. The Prosecutor sought authorization to increase appropriations for additional staff and facilities, funds for a community outreach program, and increases in salary and wage levels. Several of the requested salary increases exceeded the amounts originally submitted in the Prosecutor’s 2006 budget request to the County. The County and the Prosecutor eventually reached an agreement for most of the funds sought, but they could not resolve the amount of salary and wage increases. At the [168]*168hearing to decide those issues, the Prosecutor presented statistical evidence in an attempt to support his position that the funds were necessary. The County challenged that evidence as well as the claims of the Prosecutor’s witnesses. Moreover, the County asserted that employees under negotiated contracts were bound by those contracts because those employees had approved their terms.

In a published opinion, the trial judge first addressed the standard that should govern in evaluating the Prosecutor’s request. In re Taylor, 393 N.J.Super. 425, 923 A.2d 368 (Law Div.2006). After canvassing the law, the judge concluded that the Prosecutor need only convince the court “that his request for additional funds is appropriate.” Id. at 441, 923 A.2d 368. The judge then found that the statistical evidence supported the Prosecutor’s position that his staff was overworked and underpaid in comparison to other counties. Id. at 445-47, 923 A.2d 368. Despite finding that “[t]he Prosecutor has not established that an increase in salary levels is somehow ‘essential,’ or that his office will not be able to fulfill some specific function entrusted to it without an increase in salaries,” the judge nonetheless found that the “Prosecutor’s request to increase salaries and wages to something close to the average of other prosecutor’s offices around the state is substantively reasonable.” Id. at 448, 923 A.2d 368. On the other hand, the judge rejected the Prosecutor’s requests concerning salaries established by existing collective bargaining agreements, reasoning that it would not be fair to authorize salary increases beyond the amounts agreed upon by the employees, the County, and the Prosecutor in those agreements. Id. at 449, 923 A.2d 368. In that respect, the judge noted the importance of collective bargaining in the State and that “collective negotiations agreements are entitled to substantial respect.” Id. at 450, 923 A.2d 368.

Nevertheless, the judge took a different view with regard to those employees — specifically the assistant prosecutors and the non-contract employees — whose 2006 salaries had not been estab[169]*169lished through a collective negotiations process in which the Prosecutor had participated. The assistant prosecutors had agreed with the County to a five-percent increase for 2006, although the Prosecutor had not consented to that change and instead had requested a nine-percent increase. Id. at 453-54, 923 A.2d 368. Despite finding that the requested additional increase was not “essential” and that each assistant prosecutor would remain with the office without that increase, the judge approved the nine-percent adjustment for each assistant prosecutor for the 2006 calendar year. Id. at 457, 923 A.2d 368. The judge also found that a nine-percent increase for non-contract employees was appropriate. Id. at 456, 923 A.2d 368.

The judge next addressed the salaries of the chemist and the five agents, approving the Prosecutor’s request to provide each of those employees with a six-percent increase, plus an additional sum of $3000 for the chemist. Id. at 457, 923 A.2d 368. Although the Prosecutor had not presented any statistical evidence to support the increases for those positions, the judge found that his requests were consistent with the increases for “most of the employees of the Prosecutor’s office based on the collective negotiations agreements executed in January 2005.” Ibid.

Finally, the judge considered the salaries .of the First Assistant Prosecutor and the Chief of Detectives, who were non-contract employees. The judge found that each had performed “admirably” under a number of prosecutors and that the “Prosecutor’s request to increase their salaries is particularly compelling.” Id. at 457-58, 923 A.2d 368. Consequently, the judge approved a six-percent salary increase for both positions for 2006, and also gave the First Assistant Prosecutor an additional three-percent increase.

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Bluebook (online)
952 A.2d 1025, 196 N.J. 162, 2008 N.J. LEXIS 891, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-taylor-nj-2008.