Marini v. Holster
Court: Supreme Court of New Jersey; December 19, 1966; New Jersey; State Supreme Court
Defendant Holster's ability to concurrently hold the positions of City Manager, Director of Public Works, and City Engineer in the City of Clifton was affirmed by both the trial court and the Appellate Division. The trial court's decision (87 N.J. Super. 329) was supported by the Appellate Division (91 N.J. Super. 4), prompting the Supreme Court to grant certification (47 N.J. 420). The Supreme Court's opinion, delivered Per Curiam, emphasizes that the relevant statute, R.S. 40:81-11, allows for the same individual to hold multiple municipal offices, except specifically forbidding the municipal manager from also serving as auditor or assessor. This statutory framework implies that the municipal manager can hold other offices created by statute or municipal ordinance without restriction. The court ultimately affirmed the lower court's judgments, with no justices dissenting.