CITY OF WILDWOOD V. GARY DEMARZO
A-5250-08T1 02-22-10
This appeal concerns the application of the common law
doctrine of incompatibility. The City of Wildwood, a
municipality organized under the Walsh Act, appeals from the
order of the trial court permitting defendant to serve as one of
three elected commissioners comprising the City's governing
body, while on an unpaid leave of absence from his other
municipal position as a Wildwood police officer.
We hold that the trial court erred in permitting defendant
to continue to hold two incompatible public offices in the same
municipality. The court's attempts at counteracting the myriad
of conflicts arising from such incompatibility by restricting
defendant's conduct as a city commissioner impermissibly limited
the statutory authority conferred upon such office by the
Legislature under the Walsh Act.
