A Capehart Scatchard Blog

Tag: Appellate Division

Board of Education Required to Pay Back $3.8M to Teachers’ Pension Fund

By on December 27, 2016 in Labor & Employment with 0 Comments

On December 22, 2016, the New Jersey Appellate Division in Middletown Township Board of Education v. Division of Pensions and Benefits affirmed the Board of Trustees of the Teachers’ Pension and Annuity Fund’s determination that the Middletown Township Board of Education offered an unauthorized early retirement incentive to its employees. The decision requires the Board to pay back approximately $3.8 million to the teachers’ pension fund. In October 2007, the Middletown Township Board of Education (“Board”) approved a Sidebar Agreement with the Middletown Township Education Association (“Association”) modifying the collective bargaining agreement between the Board and the Association. The Sidebar […]

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Unilaterally Reducing Teachers’ Hours During Economic Crisis Prohibited

By on December 13, 2016 in Labor & Employment with 0 Comments

On November 29, 2016, the New Jersey Supreme Court In the Matter of Robbinsville Township Board of Education v. Washington Township Education Association ruled that boards of education must negotiate employees’ work hours and cannot unilaterally reduce those hours even in times of economic crisis. The collective negotiation agreement between the Robbinsville Township Board of Education (“Board”) and the Washington Township Education Association (“Association”) stated that teachers’ salaries would be based on 188 days for new teachers and 185 days for all other teachers. In 2010, a series of events caused a significant reduction in the Board’s funding. As a […]

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Appellate Division Remands Case Involving Permanent Disqualification of Teacher

Pursuant to N.J.S.A. 18A:6-7.1, the Criminal History Review Unit (“CHRU”) of the New Jersey Department of Education (“NJDOE”) is authorized to permanently disqualify a public school employee from employment with any educational institution supervised by the NJDOE if that individual is convicted of certain New Jersey crimes or a substantially equivalent crime in another state. On June 29, 2016, the New Jersey Appellate Division in Kelly v. New Jersey Department of Education and Lawrence Township Board of Education, 2016 N.J. Super. Unpub. LEXIS 1506 (App. Div. 2016), analyzed whether a teacher’s convictions in Pennsylvania for recklessly endangering another person and […]

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OPRA Does Not Require Public Entities to Create Records Not Already in Existence

In a published decision dated April 18, 2016, the New Jersey Appellate Division in Paff v. Galloway Township upheld a public entity’s denial of an Open Public Records Act (“OPRA”) request for email logs, finding that OPRA creates no obligation on the public entity to create new records that do not already exist. Plaintiff submitted an OPRA request to Galloway Township (“Township”) for an itemized list showing the sender, recipient, date, and subject of all emails sent by the Township’s Clerk and Chief of Police for a certain time period. It is important to note that Plaintiff requested logs of the […]

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Appellate Division Affirms Board Member’s Eligibility to Serve on Board of Education

By on April 15, 2016 in Other with 0 Comments

On March 7, 2016, the Appellate Division in Stargell v. Snyder, 2016 N.J. Super. Unpub. LEXIS 485 (App. Div. 2016) affirmed the trial court’s determination that a board member of the Pennsauken Board of Education (“Board”), who assigned an outstanding claim against the Board for reimbursement of unused sick leave to her adult daughter, was not disqualified from serving on the Board. The Board employed Margaret Snyder as a school nurse for twenty-seven years. In March 2013, she provided notice of her retirement effective July 1, 2013. Snyder then made a request to the Board for compensation for unused sick […]

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Appellate Division Decides Arbitrability Issue Involving Former School District Employees

By on March 17, 2016 in Labor & Employment with 0 Comments

Collective negotiated agreements (“CNAs”) delineate the terms and conditions of employment for many, if not the majority, of board of education employees.  They often dictate an employee’s rights and privileges, hours, salary, benefits, procedures for the termination of employment, and grievance procedures for challenging a board’s interpretation or application of the CNA.  On February 2, 2016, the Appellate Division in Egg Harbor Township Board of Education v. Egg Harbor Township Education Association, 2016 N.J. Super. Unpub. LEXIS 205 (App. Div. 2016) addressed the issue of whether the Egg Harbor Township Board of Education’s (“Board”) actions resulting in the discontinuation of […]

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Parent Required to Reimburse School District for Failure to Establish Student’s Eligibility for Enrollment

By on March 1, 2016 in Students with 0 Comments

A child is eligible to enroll in a school district and receive a free public education if the parent or guardian of the child is domiciled within the district or the child is kept in the home of an-other person domiciled within the school district as an affidavit student pursuant to N.J.S.A. 18A:38-1(b)(1).  Domicile is established when the student spends the majority of his time at a residence located within the school district and intends to make that residence his permanent home.  Pursuant to N.J.A.C. 6A:22-3.1(a)(1)(i), when the parents are separated and are domiciled in different school districts, the student’s […]

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Appellate Division Vacates Summary Judgment Decision and Issues Remand in Employment Discrimination Case

By on February 4, 2016 in Labor & Employment with 0 Comments

In an unpublished decision dated January 7, 2016, the New Jersey Appellate Division in Sheridan v. Egg Harbor Township Board of Education, 2016 N.J. Super. Unpub. LEXIS 10 (App. Div. 2016) vacated the trial court’s dismissal of a former employee’s discrimination complaint and remanded the matter for trial.  Plaintiff, a former custodian for the Egg Harbor Township Board of Education, alleged that the Board wrongfully terminated her on the basis of obesity in violation of the New Jersey Law Against Discrimination and subjected her to a hostile work environment due to her floor supervisor’s repeated disparaging remarks about the custodian’s […]

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OPRA Does Not Authorize Anonymous Filings in Superior Court

By on December 11, 2015 in Open Public Records Act with 0 Comments

In a published decision dated September 17, 2015, the New Jersey Appellate Division in A.A. v. Gramiccioni, et al., 442 N.J. Super. 276 (2015) affirmed the trial court’s determination that, under the New Jersey Open Public Records Act (“OPRA”), an individual may not anonymously file a complaint in Superior Court.  OPRA governs the public’s access to government records in New Jersey. Public agencies, including school districts and charter schools, must comply with OPRA, which requires disclosure of a government record unless a specific exception applies. An individual who believes that a public agency improperly denied his or her OPRA request may […]

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