Viviani v. Borough of Bogota

This appeal centers on N.J.S.A. 40A:14-65, which protects the holder of an exempt firefighter’s certificate (certificate) from a change in job title or reduction in emoluments except in certain circumstances. The Borough of Bogota (Borough) eliminated plaintiffs position in one of its departments, but continued to employ him in a lower-paid position. The Borough’s asserted reason for that action was to save money in the face of reductions in State aid. Viviani v. Borough of Bogota, 336 N.J.Super. 578, 582, 765 A.2d 1064 (App.Div.2001).

As a certificate holder, plaintiff claimed before the…