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Abolition of Position/Reduction-in-ForceNJSCT affirmed Appellate Division decision reversing and remanding Commissioner’s decision for a determination of rationale underlying allocation of work hours among tenured part-time staff that provided them with fewer hours than nontenured staff following a RIF. NJSCT affirmed that part-time tenured teacher has seniority rights over full-time nontenured staff with identical responsibilities within his or her certification. Board may not rely only upon hourly rate of compensation when assigning part-time tenured staff without respect to tenure and seniority status. Where board reduced the hours of part-time tenured staff in favor of full-time nontenured staff, Commissioner must consider the underlying considerations, which should include certification requirements, geography, scheduling needs, and educational continuity, among other concerns. Strict mathematical calculation is an inappropriate means by which to determine annual expectation of salary entitlement for part-time tenured teachers assigned on an hourly basis where student and district needs vary annually. Zimmerman v. Sussex Cty. Educ. Servs. Comm’n 4/30/2019.
Contracts-PublicNJSCt denied petition for certification. App Div previously granted summary judgment in favor of insurance vendor where transportation RFP failed to specify whether such was primary or excess coverage. State-Operated Sch. Dist. v. American Alternative Ins. Corp. 3/19/2019.
Ethics 12-24(c) – Personal/Financial InvolvementNJSCt determined that zoning board members possessed conflict of interest where they deliberated and voted on petition filed by president of the board of education where five of the seven zoning board members were employed by or had spouses employed by board of education. Piscitelli v. City of Garfield Zoning Bd. of Adjustment 3/27/2019.
Petition for certification denied. J.L. v. Bridgewater-Raritan Bd. of Educ. 3/5/2019.
Petition for certification denied. . L.E. v. Plainfield Pub. Sch. Dist. 3/5/2019.
Certification denied. N.W. v. Greater Egg Harbor Reg’l High Sch. Dist. 4/2/2019.
NJSCt denied petition for certification. Welsh v. Warren Cty. Special Servs. Sch. Dist. 3/5/2019.
Petition for certification denied. Yarborough v. State Operated Sch. Dist. 3/5/2019.
Published: March 30, 2020
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