Newark Superior Officers Association, a Fraternal Organization Incorporated Under the Laws of the State of New…

Summary

The Supreme Court of New Jersey held that the 1979 statute allowing mayors of first‑class cities with a Mayor‑Council Plan C to appoint police chiefs to the unclassified service is a valid classification and not unconstitutional special legislation, but the 1981 amendment inserting a grandfather clause is unconstitutional special legislation; the clause is severable so the remainder of the statute stands. Justice O'Hern, in a concurring opinion, disagreed with the majority’s holding that the amendment must be struck down, arguing the classification should not be judged solely on population.