Casamasino v. City of Jersey City

In Casamasino v. City of Jersey City, 158 N.J. 333, 730 A.2d 287 (1999), a mayor attempted to make a permanent appointment without the advice and consent of the council. Id. at 348-49, 730 A.2d 287. The Casamasino Court made an important observation about separation of powers between the executive and legislative branches of municipal government. The Court observed: Although the separation of powers doctrine applied to federal and state governments is not generally applicable to mayor-council plan of government, "the Faulkner Act plainly envisages some separation of functions between the Council (the legislative body) and the Mayor (the executive)." That separation of functions imposes "certain limits on the Mayor and local council in governing the municipality." Id. at 343, 730 A.2d 287. Principles of separation of powers are applicable where the Legislature has specifically delegated to the mayor and to the council separate functions in the appointment of officials such as tax assessors. Where one branch of government has been specifically vested with the authority to act in a prescribed manner, neither of the other branches may usurp that authority. Id. at 343, 730 A.2d 287