By Matt Chiappardi, Special Writer
ROBBINSVILLE — A s
tate appeals court has affirm
ed a lower court’s ruling that
ordered the township to rehir
e a firefighter who lost his jo
b during the fire department’
s restructuring.
David Horsnall, a 20-yea
r veteran of the township’s fi
re company, was fired in No
vember 2006 when the town
ship disbanded the local fire
division to create a township
-run department.
Mr. Horsnall sued, and S
uperior Court Judge Linda F
einberg ordered the townshi
p to reinstate him in Septem
ber 2007 at his same annual
rate of $70,000, including ba
ck pay from Jan. 1 of that ye
ar. At the time, Judge Feinbe
rg ruled that Mr. Horsnall’s t
enure protection continued t
o apply because the new fire
division was not a completel
y different organization, just
one operating under new ma
nagement,
A state appellate panel n
ow has agreed with that rulin
g.
“We conclude that the to
wnship’s actions in terminati
ng plaintiff from his position
as captain upon the creation
of the Division of Fire violat
ed his statutory rights, and h
e is entitled to the relief orde
red by the law division,” the
panel ruled in a decision deli
vered by Judge Philip Carch
man on Feb. 24.
Township Mayor David
Fried says the appellate rulin
g as well as Judge Feinberg’
s original decision was an ex
ample of judges “legislating
from the bench.”
“The state keeps asking f
or consolidation, and here’s
an example of consolidation
that has a real human cost. C
onsolidation can mean job c
uts, and that’s where the savi
ngs come from,” he said last
week.
Mr. Horsnall could not b
e reached for comment.
According to Township
Administrator Mary Caffrey,
Mr. Horsnall’s return to the t
ownship fire department has
gone well, and he is still a ca
ptain and supervisor on his s
hift.
Ms. Caffrey added the to
wnship was “stepping into n
ew territory” when it cut pos
itions with the fire departme
nt restructuring.
“The decision does spell
out what towns can do when
eliminating positions. Before
, there was little guidance. N
ow municipalities have more
of a blueprint to go by,” she
said Monday.
When the township disso
lved the fire district and repl
aced it with the Division of
Fire in 2006, it required each
of the members to interview
again for their positions. Mr.
Horsnall was one of three fir
efighters not rehired under th
e new organization. At the ti
me, he said he was not given
a reason for his loss of empl
oyment.
State law only allows the
removal of paid firefighters f
or reasons of poor job perfor
mance, insubordination or in
ability to perform the work.
During Mr. Horsnall’s co
urt case, the township argue
d he was not originally a mu
nicipal employee, and it had
no obligation to rehire him.
However, Judge Feinberg rul
ed that because the township
made no substantial changes
to the fire district’s operation
s, other than changing its na
me, his tenure status still app
lied.

