Shapiro v. Essex County Freeholders Bd

In Shapiro v. Essex County Freeholders Bd., 177 N.J. Super. 87, 95, 424 A.2d 1203 (Law Div.1980), aff'd, 183 N.J. Super. 24, 443 A.2d 219 (App.Div.), aff'd, 91 N.J. 430, 453 A.2d 158 (1982), the Appellate Division established a test to apply when distinguishing between administrative and legislative functions in a case that dealt with whether the setting of salaries for county personnel was an administrative or a legislative function of local government. The court held: Matters of a permanent or general character are considered legislative, while acts which are temporary or routine are considered to be administrative. An act which states a rule of conduct or a course of policy is purely legislative in character. Acts performed by an executive to effectuate policies of the Legislature are considered administrative in nature. Ibid.In Shapiro, the Essex County Executive challenged the Freeholder Board's enactment of a comprehensive salary ordinance covering employees other than those specified in N.J.S.A. 40:41A-100. Id. at 430, 453 A.2d 158. The New Jersey Supreme Court concluded that: Fixing salaries of county employees in the executive and administrative branches of government is primarily an administrative or executive function that the Optional County Charter has delegated to the county executive. Id. at 432, 453 A.2d 158. In reaching its determination, the Court relied on the Appellate Division's finding that "by requiring the salaries of the positions listed in Section 100d to be set ordinance, the Legislature established the setting of those salaries as a legislative act. By exclusion, it relegated the setting of all other salaries to be an administrative act." Shapiro, 183 N.J. Super. 24, 28, 443 A.2d 219.