A Capehart Scatchard Blog

Tag: Appellate Division

Appellate Division Overturns GRC in OPRA Case Involving Release of Settlement Agreement

By on November 21, 2017 in Open Public Records Act with 0 Comments

On November 15, 2017, the New Jersey Appellate Division issued an unpublished decision in Scheeler v. Galloway Township regarding an Open Public Records Act (“OPRA”) request seeking a settlement agreement between Galloway Township (“Galloway”) and its former manager. In short, the Appellate Division found that the document in question constituted a final settlement agreement subject to disclosure under OPRA contrary to the position of Galloway. On November 12, 2014, Galloway adopted a resolution in public session authorizing the settlement of the litigation between it and the former manager. Specifically, the resolution stated that Galloway’s agreement to settle was subject to […]

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Appellate Division Remands Case on Disclosure of Student Records Under OPRA

By on October 17, 2017 in Open Public Records Act with 0 Comments

When is a student record, such as a settlement agreement involving a special education student or a request for an independent special education evaluation, subject to disclosure in response to a request under the Open Public Records Act (“OPRA”)? According to the Appellate Division’s published decision dated October 16, 2017 in L.R. v. Camden City Public School District, et al., the answer is that disclosure is permitted when the requestor is one of the sixteen (16) authorized organizations, agencies, or persons identified in regulations adopted by the New Jersey Department of Education to implement the New Jersey Pupil Records Act […]

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Appellate Division Rules Against Charter Schools In Funding Issue

By on September 19, 2017 in Other with 0 Comments

Four charter schools located in Jersey City challenged the level of funding they received from the local board of education under the School Funding Reform Act of 2008 (“SFRA”) as inadequate for their students to receive a thorough and efficient education in violation of the New Jersey Constitution. In an unpublished decision issued on September 14, 2017, the New Jersey Appellate Division denied the charter schools’ challenge and upheld the current funding mechanism in Learning Community Charter School v. Jersey City Board of Education. Charter schools are public schools that operate under a charter granted by the Commissioner of Education […]

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A Reminder from the Appellate Division on RIFs and Tenured Employees

By on August 22, 2017 in Labor & Employment with 0 Comments

On August 17, 2017, the New Jersey Appellate Division issued an unpublished opinion in which it upheld the Atlantic City Board of Education’s (“Board”) decision to change the employment of two supervisors from twelve-month positions to ten-month positions due to a reduction in force (“RIF”). This case highlights an important interplay between RIFs and tenure rights of public school employees. The Board employed Lourdes Vidal-Turner and C. Dedra Williams (“Petitioners”) as teachers for numerous years. The Board then promoted each of them to a twelve-month supervisory position in which they later acquired tenured. The State Appointed Fiscal Monitor for the […]

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Appellate Division Finds Willful and Deliberate Violation of OPRA

In recent months, the New Jersey courts have issued several decisions regarding a public entity’s obligations under the Open Public Records Act (“OPRA”). In case you missed them, check out our articles from June 20 and June 27 regarding recent OPRA cases. This week’s article will focus on Gordon v. City of Orange in which the New Jersey Appellate Division on June 23, 2017 reversed and remanded the Government Records Council’s (“GRC”) ruling that the City did not knowingly and willfully violate OPRA by failing to respond to a request for records seeking disability insurance payments made to the City […]

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Counsel Fees Denied in OPRA Case for Mootness

On June 14, 2017, the New Jersey Appellate Division in Stop & Shop Supermarket Company v. Bergen County Board of Chosen Freeholders held that a requestor who makes a request for records under the Open Public Records Act (“OPRA”) and receives such records prior to initiating formal litigation, even if the response is delayed, is not entitled to attorney’s fees because the issue is considered moot. Stop & Shop Supermarket (“Stop & Shop”) challenged the site plan application of Inserra Supermarkets, Inc. (“Inserra”) before the Bergen County Planning Board and Bergen County Board of Chosen Freeholders (the “Boards”). On July […]

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Appellate Division Upholds Findings of School Ethics Violations

By on May 24, 2017 in School Ethics Act with 0 Comments

On May 22, 2017, the New Jersey Appellate Division in Lowell v. Smallwood affirmed the Commissioner of Education’s decision that a board of education member violated various provisions of the School Ethics Act (“Act”) for her dealings with a potential candidate for superintendent. Specifically, the board member violated N.J.S.A. 18A:12-24.1(c) and (e) for acting beyond the scope of her authority and making personal promises. Felicia Simmons, Geneva Smallwood, and Corey Lowell were members of the Asbury Park Board of Education (“Board”). Lowell initiated a complaint with the School Ethics Commission (“SEC”) asserting that Simmons and Smallwood violated the Act. Lowell […]

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Appellate Division Approves Dual Send-Receive Relationship

By on May 9, 2017 in Students with 0 Comments

In an unpublished decision issued on May 4, 2017, the New Jersey Appellate Division affirmed the final agency decision of the Commissioner of Education (“Commissioner”) approving the send-receive relationship between the Seaside Park Board of Education (“Seaside Park”) and the Lavallette Board of Education (“Lavallette”). The decision captioned In the Matter of the Petition for Authorization to Enter into a Sending-Receiving Relationship with the Board of Education of the Borough of Lavallette, Ocean County allows Seaside Park to send its students to Lavallette while maintaining its existing send-receive agreement with the Toms River Regional Schools Board of Education (“Toms River”). […]

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Appellate Division Affirms Tuition Reimbursement Issue Not Subject to Arbitration

By on April 11, 2017 in Labor & Employment with 1 Comment

On March 2, 2017, the New Jersey Appellate Division issued an unpublished decision in Hillsborough Township Board of Education v. Hillsborough Township Education Association in which it affirmed the Public Employment Relations Commission’s (“PERC”) determination that an issue involving tuition reimbursement was preempted by statute and therefore not arbitrable. This case arose from employees whose requests for tuition reimbursement were denied because the courses were not related to the employees’ current or future job responsibilities pursuant to N.J.S.A. 18A:6-8.5. In 2013, four individuals employed by the Hillsborough Township Board of Education (“Board”) sought tuition reimbursement from the Board for various […]

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Appellate Division Clarifies Who May Issue Rice Notice to Superintendent

By on April 4, 2017 in Labor & Employment with 0 Comments

In 2013, the Appellate Division ruled that Daniel Woska, a former member of the Brick Township Board of Education (“Board”), exceeded the scope of his authority and violated the New Jersey School Ethics Act (“Act”) when he directed the Business Administrator to issue a Rice notice to the Superintendent. As a result of that Rice notice, the Board discussed the Superintendent’s employment and then terminated him. In the 2013 decision, the Appellate Division remanded the case to the School Ethics Commission (“SEC”) to determine who is authorized to issue a Rice notice for the purposes of reviewing the Superintendent’s employment. […]

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