Reuter v. Borough Council of Borough of Fort Lee

The majority rightfully recognizes that there has been “long-term doubt about the necessity of an ordinance to create new police positions” and declines to disrupt appointments to police department positions, like O’Sullivan’s appointment to deputy chief, heretofore made by a governing body’s resolution instead. Ante at 42, 768 A.2d at 772. I agree with the majority that O’Sullivan is not precluded from occupying the position of chief of *44police. However, I disagree with the majority’s reading of N.J.S.A. 40A:14-118.

N.J.S.A. 40A:14-118 authorizes the creation of municipal police departments.…