Gayder v. Spiotta

The opinion of the Court was delivered by

PRESSLER, P.J.A.D.

This controversy has its genesis in an ordinance adopted by the Village of South Orange which, pursuant to N.J.S.A. 40A:14-118, designated the village president as the “appropriate authority” to exercise supervisory control over the police department.

The village president, defendant Bertrand Spiotta, acting in accordance with the ordinance, issued a memorandum of policy respecting departmental organization. Plaintiff Frederick E. Gayder, police chief of the village, brought this action to challenge the validity of both the ordinance…