Voges v. Borough of Tinton Falls

In Voges v. Borough of Tinton Falls, 268 N.J. Super. 279, 287, 633 A.2d 566 (App.Div.1993), certif. denied, 135 N.J. 466, 640 A.2d 848 (1994), the plaintiff, a borough subcode official, challenged his reduction in hours, which were imposed by the borough for good faith reasons of economy. The plaintiff sued under a provision of the State Uniform Construction Code Act that granted tenure to subcode officials and protected them from removal except for just cause. The Court construed "removal" to include the reduction in hours suffered by the plaintiff. However, because the reduction was prompted by valid economic reasons, we held that it was permitted under the "well settled" rule that positions may be abolished for bona fide reasons of economy. Id. at 287-88, 633 A.2d 566.