Viviani v. Borough of Bogota

In a published opinion the Appellate Division concluded that provisions of the Exempt Firemen’s Tenure Act, N.J.S.A. 40A:14-60 to -65 (Act), precluded the Borough of Bogota from *454abolishing plaintiffs position as Assistant Superintendent of the Department of Public Works (DPW) for good faith economic reasons unrelated to plaintiff or the quality of his performance. Viviani v. Borough of Bogota, 336 N.J.Super. 578, 583, 765 A.2d 1064 (2001). A different panel of the Appellate Division has construed the Act differently, concluding that it does not prohibit a public entity subject to its…