In re Shain

In In re Shain, 92 N.J. 524, 457 A.2d 828 (1983), the City Council established a special investigatory committee comprised of the entire Council to investigate allegations that the new Acting Police Director had interfered with the duties of the Chief of Police. The special committee subpoenaed several police officers to testify at in camera meetings. The mayor responded by issuing an executive order prohibiting any police department member from testifying. Id. at 527-28, 457 A.2d 828. The Court first addressed the power to investigate, recognizing "the need validity of investigations designed to facilitate the proper exercise of the legislative function." Id. at 531, 457 A.2d 828. Moreover, the Court found that the legislature specifically provided the city council the power to investigate. Id. The court further clarified that "no specific statutory grant is necessary to vest a legislative body with subpoena power," but instead could be implied from the legislative scheme. Id. at 532, 457 A.2d 828.