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Maltese v. Township of North Brunswick6/20/2002
, express or implied, must be demonstrated by actions that fully comply with all the statutory precedents. Gonzalez v. Board of Educ. of Elizabeth Sch. Dist., 326 N.J. Super. 244, 256 (App. Div. 1999) (citing to Casamasino, supra, 158 N.J. at 345). " f the difficulty is an irregularity in the exercise of a power the municipality does have and the Legislature had not decreed the consequences of the irregularity, our cases seek a just result." 405 Monroe Co. v. City of Asbury Park, 40 N.J. 457, 463 (1963). Additionally, " lthough ratification may be implied by conduct, before ratification may estop a claim it must be shown that the officials acted with full knowledge of the material facts, either actually or as a matter of law." Board of Educ. of Asbury Park v. Hoek, 38 N.J. 213, 241 (1962); see also Thermo Contracting Corp. v. Bank of New Jersey, 69 N.J. 352, 361 (1976) (noting that although ratification may be express or implied, it requires an intent to ratify plus full knowledge of all material facts; that intent may be inferred by conduct).
The proper inquiry here is whether any conduct by the council, the entity that had the authority to act and provide plaintiff the benefits as promised by the mayor, manifested an intention to ratify or affirm the unauthorized actions of the mayor. Johnson, supra, 25 N.J. at 140-41. "Any conduct on the part of the municipality reasonably evidencing approval of the unauthorized transaction will suffice." Id. at 141. The form of that action must be by resolution or ordinance and with full knowledge of all the facts and with the intent to grant plaintiff the benefits promised.
The record as constituted is insufficient to permit the required analysis. The procedures and documentation that led to plaintiff being paid longevity amounts, the buy-back of sick days, and educational reimbursements, all ostensibly in accordance with the SOA collective bargaining agreement, are not evident; nor is the role or awareness of the council in those payments. The circumstances and past practices vis-a-vis benefits afforded to previous Directors of Public Safety under the SOA collective bargaining agreement, which may go to the issue of intent, knowledge and awareness, is also not clear. The extent to which the prior Director of Public Safety received those benefits, and the procedures or actions that led to that occurring are also not disclosed by this record. Additional discovery is necessary; granting summary judgment on this record was premature. Whether the doctrines of equitable estoppel or ratification should be applied is fact-sensitive, and application of the principles we have outlined cannot be determined on this record. We emphasize, however, that application of these principles against a municipality must be based upon compelling circumstances and must not interfere with essential governmental functions.
The order granting summary judgment in favor of plaintiff is reversed; the order denying the Township's motion for summary judgment is affirmed; the matter is remanded for further proceedings consistent with this opinion. We do not retain jurisdiction.
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