Handlon v. Town of Belleville

In Handlon v. Town of Belleville, 4 N.J. 99, 108, 71 A.2d 624 (1950), in the context of a civil service appeal from a removal from office, the Supreme Court of New Jersey held that the position at issue, clerk of a court, "has no existence in the law, for lack of an ordinance creating it." Handlon v. Town of Belleville, supra, 4 N.J. at 108, 71 A.2d 624. As the court explained: It is settled law that under the then applicable statute a municipal office or position, if not created by statute, can come into being only by ordinance of the local governing body. The sense of the statute is that, because the creation of offices and positions involves an increase of the financial burden of local government, the power is exercisable only by ordinance, a deliberative process requiring notice to the public.Ibid. Not unlike N.J.S.A. 40A:14-118, the statute in Handlon provided in part: The governing body of every municipality may make, amend, repeal and enforce ordinances to prescribe and define, except as otherwise provided by law, the duties and terms of office or employment, of all officers and employees; and to provide for the employment and compensation of such officials and employees, in addition to those provided for by statute, as may be deemed necessary for the efficient conduct of the affairs of the municipality. . . . N.J.S.A. 40:48-1.