Supreme Court of New Jersey
Carl De Marco, Plaintiff-Appellant v. the Board of Chosen Freeholders of the County of Bergen, a Body Politic of…
March 12, 195621 N.J. 136
Summary
The Supreme Court of New Jersey affirmed summary judgment for Bergen County, holding that a county detective suspended after indictment and later reinstated upon dismissal of the indictment could not recover salary for the suspension period because he performed no services. The court reaffirmed the common-law rule that a public officer's right to compensation arises only from rendition of services, and held that none of the statutes invoked (R.S. 40:46-34, N.J.S. 2A:135-9, N.J.S. 2A:157-4, N.J.S.A. 11:4-3.6) altered that rule in the plaintiff's favor, statutes changing the common law being strictly construed. The court suggested the Legislature consider comprehensive legislation on compensation for vindicated suspended officers.