From Casetext: Smarter Legal Research

Parelli v. Dept. of Civil Service

Superior Court of New Jersey, Appellate Division
Jan 8, 1976
138 N.J. Super. 364 (App. Div. 1976)

Opinion

Submitted December 8, 1975 —

Decided January 8, 1976.

Appeal from the Department of Civil Service.

Before Judges ALLCORN, KOLE and COLLESTER.

Mr. Michael Critchley, attorney for the appellant.

Mr. William F. Hyland, Attorney General, attorney for the respondent ( Mr. Stephen Skillman, Assistant Attorney General, of counsel; Mr. Ermine L. Conley, Deputy Attorney General, on the brief).


Whatever may be the effect of N.J.S.A. 40A:9-5 in areas remaining subject to the exclusive jurisdiction and control of counties and municipalities adopting civil service, such as salaries and wages (see N.J.S.A. 11:24-1; D'Aloia v. Civil Service Comm'n, 101 N.J.L. 427 (Sup.Ct. 1925); Libby v. Union Cty. Bd. Freeholders, 125 N.J. Super. 471 (App.Div. 1973)), we are satisfied that to the extent that any conflict or inconsistency may exist between the provisions of N.J.S.A. 40A:9-5 and the provisions of the Civil Service Act regarding seniority rights and the computation of seniority for purposes of promotion, the provisions of the Civil Service Act prevail. DeStefano v. Civil Service Comm'n, 130 N.J.L. 267 , 270 (E. A. 1943). Consequently, petitioner is entitled to have his seniority and seniority rights computed only on the basis of the continuous service rendered by him, N.J.S.A. 11:21-9; N.J.S.A. 11:22-34, which commenced upon his re-employment by the City of Newark on September 8, 1969. Smith v. Civil Service Comm'n, 21 N.J. Super. 243 (App.Div. 1952).

We find no merit to petitioner's challenges to the validity of N.J.A.C. 4:1-16.13(c).

The determination of the Civil Service Commission is affirmed.


Summaries of

Parelli v. Dept. of Civil Service

Superior Court of New Jersey, Appellate Division
Jan 8, 1976
138 N.J. Super. 364 (App. Div. 1976)
Case details for

Parelli v. Dept. of Civil Service

Case Details

Full title:MICHAEL PARELLI, PETITIONER-APPELLANT, v. DEPARTMENT OF CIVIL SERVICE OF…

Court:Superior Court of New Jersey, Appellate Division

Date published: Jan 8, 1976

Citations

138 N.J. Super. 364 (App. Div. 1976)
351 A.2d 34

Citing Cases

Taureck v. City of Jersey City

Significantly, collective bargaining and the EERA were not there involved. In Parelli v. Civil Service Dep't,…

Paterson v. Paterson Police P.B.A

See Makowitz v. Civil Service Dep't., 177 N.J. Super. 61 (App.Div. 198 0), certif. den. 87 N.J. 326 (1981);…