Jansco v. Waldron

In Jansco v. Waldron, 70 N.J. 320, 324, 360 A.2d 321 (1976), the Supreme Court upheld an ordinance passed by the City of Trenton creating and establishing a division of police which delegated to the Director of Public Safety the authority to prepare, and with the approval of the mayor, adopt rules and regulations for the control, disposition and discipline of the division. A police officer charged with misconduct challenged the rules and regulations that had been promulgated by the director. He contended they were invalid under N.J.S.A. 40A:14-118 because they were not promulgated by ordinance. In the context of a subdelegation of rulemaking power over police discipline, the Court construed N.J.S.A. 40A:14-118 as "vesting discretion in the governing body, by ordinance, either to exercise the rulemaking power itself, or to subdelegate this power to a subordinate person or body having expertise in the matter." Jansco v. Waldron, supra, 70 N.J. at 326, 360 A.2d 321. The portion of the statute that the Court so construed was the provision which empowers the governing body to "adopt and promulgate rules and regulations for the government of the department and force and for the discipline of its members." It did not focus on or address the other provisions of the statute, including those concerning the establishment of positions. The Court discussed Keegan v. Mayor of Bayonne in the following fashion: The legislative scheme discussed herein was reviewed in Smith v. Tp. of Hazlet, 63 N.J. 523, 309 A.2d 210 (1973), where we stated that the New Jersey cases have insisted upon strict compliance with the statutory grant of power where the issue has concerned the regulation or control of a police department or police personnel. Id., 63 N.J. at 528, 309 A.2d 210. Harvey v. Poole, 17 N.J. Misc. 165, 7 A.2d 630 (Ct. of Com. Pl.1939) and Keegan v. Bayonne, 81 N.J.L. 120, 78 A. 1053 (Sup.Ct.1911) were cited as examples of this policy. However, the Smith case was concerned with the inherent power of the office of Chief of Police apart from the powers derived from the town governing body, and is not applicable to the case sub judice. To the extent that Harvey v. Poole and Keegan v. Bayonne are contrary to our present holding, they are hereby disapproved. Id. at 328, 360 A.2d 321.