N.J.S.A. 40A:14-147 provides that a police officer has a right to waive a
disciplinary hearing at the municipal level and to appeal the charges directly to “any
available authority specified by law or regulation, or follow any other procedure
recognized by contract, as permitted by law.” This statute allows a police officer in a
Civil Service community to bring a removal to the Merit System Board directly. But it
does not permit an officer in a non-civil service community to contest a removal directly
in Superior Court. Grubb v. Borough of Hightstown, 333 N.J. Super. 592 (Law Div.
2000). The municipal hearing must be held first and then the Superior Court will review
a disciplinary determination “denovo on the record below.” N.J.S.A . 40A:14-150.