In re Police Sergeant (PM3220S)

The opinion of the court was delivered by

RODRIGUEZ, A.A., J.A.D.

This appeal requires us to consider whether a person deemed to be a de facto public officer or employee pursuant to N.J.S.A. 40A:9-6, acquires civil service re-employment rights as an “emolument” of such office or position. We hold that the statute does not grant such a right. We also hold that the Law Division, not the Merit System Board, is the exclusive forum for adjudicating de facto officer or employee claims.

Robert T. Cairns, John A. Cavaliere, Mark S. Cowan, Kevin Guy, William J. Logan, Peter Mesa, Frank T. Scarpa and John…