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1 N.J.A.R. 1

Roselle, Borough of; DiGerolamo, et al., Ignazio J. v
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Citation: 1 N.J.A.R. 1
Decision Date: 1979
Agency: CIVIL SERVICE COMMISSION
Synopsis: Nineteen public employees of the Borough of Roselie challenge their employer's claim that their layoffs or demotions were necessitated by economic considerations. The employees failed to prove bad faith where the Borough presented proof that the personnel action was taken to preserve a balanced budget and was required under the CAP Law to include within an overall five percent increase over the prior year's expenses; (a) mandatory increases in fixed expenses; (b) an emergency appropriation; (c) roll-over salary increases and the municipality was denied permission to exceed the five percent cap by the State and the voters in a public referendum. Thus, the layoffs and demotions were necessary and motivated by good faith consideration of economy. Anthony D. Rinaldo, Jr., Esq., for the Appellants (Rinaldo & Rinaldo, attorneys) Irving F. Sturm, Esq., for the Borough of Roselie
Rule(s) Cited: 10:85-4.1