Trainor v. Burlington County Board of Chosen Freeholders

523 A.2d 682, 216 N.J. Super. 289, 1987 N.J. Super. LEXIS 1102
CourtNew Jersey Superior Court Appellate Division
DecidedMarch 26, 1987
StatusPublished
Cited by2 cases

This text of 523 A.2d 682 (Trainor v. Burlington County Board of Chosen Freeholders) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Trainor v. Burlington County Board of Chosen Freeholders, 523 A.2d 682, 216 N.J. Super. 289, 1987 N.J. Super. LEXIS 1102 (N.J. Ct. App. 1987).

Opinion

The opinion of the Court was delivered by

MUIR, J.A.D.

Defendant Burlington County Board of Freeholders appeals from a Law Division decision holding that it must accept the entire annual certified budget of third-party defendant Burlington County Election Board with no discretion to modify unless it successfully challenges the budget in a judicial proceeding.

The holding followed litigation reported at 200 N.J.Super. 288 (Law Div.1984) and resolved a claim by the election board, [291]*291raised by way of notice of motion to enforce litigant’s rights under R. 1:10-5, that the freeholder board had to accept its annual certified budget without modification.

The uncontested background facts are set out in the trial court’s reported opinions at 200 N.J.Super. 288 and 211 N.J.Super. 498. Neither opinion, however, delineates the scope of the election board budget.

The election board, as part of its brief-appendix on appeal, provided its 1986 budget. The budget was as follows:

Salaries 109,000
Postage 100.00
Print Stat. & Office Supplies 6,710.00
Off. Equip-Repair-Replace 1,450.00
Travel-Mileage-Tolls-Lodging 3,300.00
Food 1,200.00
Equip-Repair & Maint. 729.00
Office Equip Rentals 200.00
Conventions & Conferences 3,500.00
Dues 450.00
Publications-Advertising 14,286.00
Election Board Officers 128,000.00
Polling Places 13,200.00
Elect. Expense 6,535.00
Maps ' 1,000,00
OPERATING TOTAL: 180,660.00
SALARIES TOTAL: 109,000.00
1986 BUDGET TOTAL: 289,660.00

The election board furnished no detailed breakdown of the lump sum for salaries. It did furnish some detail on some of the other expense items, but not for all.

The trial judge read N.J.S.A. 19:45-4 to provide the election board with total autonomy over its determination of annual fiscal needs. He thus concluded when the election board certi[292]*292fied its annual budget, the freeholder board had no discretion over allocating funds for any item contained in the budget.

We conclude the trial judge gave too broad a construction to the statutory provisions. We hold that the plain language of N.J.S.A. 19:45-4 and related statutory provisions referred to therein, along with applicable provisions of the Local Budget Law, N.J.S.A. 40A:4-1 et seq., demarcate requirements that certain items contained in an election board’s certified annual budget are mandatorily fundable by the freeholder board while the freeholder board has discretion in the funding of other items.

I.

The judicial method of ascertaining the meaning of legislation is circumscribed by certain well-defined canons. The predominant canon requires analysis of the plain language of the statute. Watt v. Mayor and Council of Borough of Franklin, 21 N.J. 274, 277 (1956). If the language is clear, we are not free to prescribe a meaning beyond it, for to do so would violate the separation of powers doctrine. Id. Consequently, our role is constrained so as to avoid appending or going beyond what the plain language prescribes.

N.J.S.A. 19:45-4, in its pertinent part, provides:

All costs, charges and expenses incurred by the ... county board [of elections] ... in carrying out the provisions of this title and the salaries of the members of the county board ... and compensation for extra services of the clerk and other employees of the county board and the compensation of the members of the district boards, except as herein otherwise provided, shall be paid by the county upon certification by the ... county board____ [Emphasis supplied].

The language of the statute does not vest the election board with absolute discretion to determine its fiscal needs. The wording does not have the breadth of the statutes reviewed in the cases relied upon by the trial court. See Sewell v. Hudson County, 126 N.J.L. 186, 189 (Sup.Ct.1941) (addressing N.J.S.A. 19:31-2 which requires the county treasurer to pay all necessary expenses as and when certified by the Commissioner of [293]*293Registration); Keenan v. Bd. of Chosen Freeholders, Cty. of Essex, 105 N.J.Super. 271, 282 (App.Div.1969) (also addressing N.J.S.A. 19:31-2); Nolan v. Fitzpatrick, 9 N.J. 477, 481-82 (1952) (addressing N.J.S.A. 27:17-7 which requires Boulevard Commissioners to “requisition in writing ... moneys necessary to enable the commissioners to carry out the purpose of this chapter” and directs the freeholders to “raise the amount”). It does not have the total subjectivity of the determination of what is necessary to financially operate the election board for a fiscal year found in statutes addressing other operations funded by local governments. Compare N.J.S.A. 18A:22-14, -19, -26, -30 and -33 (which refer to certifications to municipal funding agencies requiring funding “necessary to be appropriated for the use of the public schools in the district for the ensuing year” or similar language) with N.J.S.A. 19:45-4; see also Grosso v. Paterson, 33 N.J. 477 (1960) (addressing N.J.S.A. 26:3-41 and -42 which refer to estimates by local boards for appropriations which it “believes necessary for health purposes” which the local governing body must appropriate).

Instead, the language of N.J.S.A. 19:45-4 limits certifiable costs, charges and expenses to those related to carrying on the duties Title 19 reposes in the election board and further excepts any certifiable costs, charges, expenses and salary categories delineated from mandatory funding by the freeholder board where other sections of Title 19 so provide.

Certifiable costs, charges and expenses must relate to the duties of the election board. Those duties are generally: appointment of district board members; supervision, discretion and authority over district boards; supervision and direction over all polling places for all primary, general and special elections, including the selection of premises for those polling places; handling absentee ballot requests and counting and canvassing those ballots; conducting rechecks of machines and recounts and participating as members of the county board of canvassers. A comparison of the 1986 certified budget and the duties enumerated reflect that items such as conventions and [294]*294conferences, dues, food and perhaps travel-mileage-tolls-lodging do not involve expenses sufficiently related to those duties to proscribe the exercise of funding agency discretion. As to the last category, the record does not provide sufficient detail for clear determination. However, any expense to fall within the mandated funding provision must have a reasonably direct bearing on the exercise of the duties of the election board.

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523 A.2d 682, 216 N.J. Super. 289, 1987 N.J. Super. LEXIS 1102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trainor-v-burlington-county-board-of-chosen-freeholders-njsuperctappdiv-1987.