Stop the Pay Hikes Committee v. Town Council of Irvington

Fakley, J. S. C.

This is a referendum case. Plaintiff commenced action in lieu of prerogative writ seeking relief in the nature of mandamus to compel defendant Irvington Town Clerk, to file a petition of voters and place on the ballot a referendum concerning a portion of salary ordinance adopted by the Irvington Town Council.

The factual background is as follows. The Town of Irving-ton is organized under the Optional Municipal Charter Law (Faulkner Act), N. J. S. A. 40:69A-1 et seq. On October 12, 1978 Ordinance MC #2549, entitled “An Ordinance Establishing Salary Eanges for Employees and…