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Reuter v. Borough Council of the Borough of Fort Lee

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Argued January 3, 2001

In 1981, the Borough of Fort Lee enacted Ordinance 2:15.2(a) which provides that the number of positions in the police force may be established by resolution. In 1996, Captain Jeremiah O’Sullivan was appointed Deputy Chief, a position that had been created pursuant to resolution. Thereafter, he was promoted to Chief.

Subsequently, the mayor and two competitors for the Police Chief position filed a lawsuit challenging the legitimacy of O’Sullivan’s appointment as Deputy Chief. They argued that because the Deputy Chief position was not established according to law, O’Sullivan’s tenure in it was also illegal, thus eliminating him as a possible Chief. The trial court held that the Deputy Chief position to which O’Sullivan had been appointed was invalid because it was created by resolution and not by ordinance thus contravening N.J.S.A. 40A:14-118. That statute provides in relevant part:

 
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