Joseph Muniz v. Board of Education of the Hudson County Schools of Technology, Hudson County, 7/25/25 (#370-25)

370-25
OAL Dkt. No. EDU 09176-25
Agency Dkt. No. 154-5/25
New Jersey Commissioner of Education
Final Decision
Joseph M. Muniz,
Petitioner,
v.
Board of Education of the Hudson County Schools of
Technology, Hudson County,
Respondent.
The record of this matter and the Initial Decision of the Office of Administrative Law (OAL) have
been reviewed and considered. The parties did not file exceptions.
Upon review, the Commissioner concurs with the Administrative Law Judge that the petition of
appeal was untimely pursuant to N.J.A.C. 6A:3-1.3(i).
Accordingly, the Initial Decision is adopted as the final decision in this matter, and the petition of
appeal is hereby dismissed.
IT IS SO ORDERED.1
COMMISSIONER OF EDUCATION
Date of Decision: 	July 25, 2025
Date of Mailing: 	July 28, 2025
1 This decision may be appealed to the Appellate Division of the Superior Court pursuant to N.J.S.A. 18A:6-9.1. Under
N.J.Ct.R. 2:4-1(b), a notice of appeal must be filed with the Appellate Division within 45 days from the date of mailing
of this decision.

New Jersey Is An Equal Opportunity Employer
State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
INITIAL DECISION
MOTION TO DISMISS
OAL DKT. NO. EDU 09176-25
AGY REF NO. 154-5/25
JOSEPH MUNIZ,
Petitioner,
v.
BOARD OF EDUCATION OF THE HUDSON
COUNTY SCHOOLS OF TECHNOLOGY,
HUDSON COUNTY,
Respondent
_________________________________________
Stephen J. Edelstein, Esq., for petitioner (Weiner Law Group, attorneys)
Roshan Shah, Esq. and Chris Khatami, Esq., for respondent (Shah Law Group,
attorneys)
Record Closed: June 26, 2025 	Decided: June 26, 2025
BEFORE THOMAS R. BETANCOURT, ALJ:

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STATEMENT OF THE CASE AND PROCEDURAL HISTORY
Petitioner filed a motion for Emergent Relief with the Office of Controversies and
Disputes in the New Jersey Department of Education (DOE). The contested matter was
transferred to the Office of Administrative Law (OAL), pursuant to N.J.A.C. 1:6A-12.1,
where it was filed on May 23, 2025, to be heard on an emergent basis.
Petitioner seeks, inter alia, reinstatement to his position of employment with the
Respondent. Petitioner is currently suspended with pay.
Respondent filed a Notice of Motion to dismiss in lieu of an Answer.
Oral argument on the motion for emergent relief was heard on June 2, 2025.
The motion for emergent relief was denied by the undersigned by Order dated June 2,
2025.
Petitioner submitted his reply to the respondent’s motion to dismiss on June 16,
2025. Respondent submitted their response thereto on June 25, 2025.
FACTUAL BACKGROUND
Petitioner 	is 	employed 	as 	the 	Assistant 	Business 	Administrator 	and 	Board
Secretary for the Respondent District. He has been employed by the District for twenty
years.
On November 25, 2024, Petitioner was suspended with pay pursuant to a letter
issued by then Superintendent Amy Lin-Rodriguez. 	Thereafter, Petitioner received a
Rice Notice that his employment would be discussed at a Board meeting on December
12, 2024. Superintendent Lin-Rodriguez was also suspended after she issued her letter
of suspension, and prior to the December 12, 2024 Board meeting. 	That suspension

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was then approved by the Board at said meeting. 	Petitioner remains suspended with
pay to date.
The basis for the suspension, pursuant to Superintendent Lin-Rodriguez’ letter of
November 25, 2024, was due to “your conduct today was unprofessional, insubordinate,
profane, and threatening.”
Petitioner filed his petition and motion for emergent relief on May 21, 2025, with
the Office of Controversies and Disputes.
LEGAL ANALYSIS AND CONCLUSION
N.J.A.C. 6A:1-3(i) states:
The petitioner shall file a petition no later than the 90th day from the date of
receipt of the notice of a final order, ruling, or other action by the district board of
education, individual party, or agency, that is the subject of the requested contested
case hearing. This rule shall not apply in instances where a specific statute, regulation,
or court order provides for a period of limitation shorter than 90 days for the filing of a
particular type of appeal.
It is undisputed that the Board acted on December 12, 2024, to approve the
Superintendent’s recommendation to suspend petitioner with pay pursuant to N.J.S.A.
18A:27-4.1. (Busch Certification)
It is also undisputed that petitioner did not file his petition and motion for
emergent relief until May 25, 2025, which is substantially more than 90 days from
December 12, 2024.
Petitioner argues that the late filing is excusable as the alleged violation of due
process is an ongoing violation, and cites Sheperd V. Hunterdon Developmental Ctr., 1
N.J. 1 (2020) in support of this assertion. 	Sheperd is not remotely applicable to the

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current matter. 	There simply is no continuing violation. 	“The premise underlying the
doctrine is that the conduct becomes actionable because of its ‘continuous, cumulative,
synergistic nature.’” Roa v. Roa, 200 N.J. 555, 566-567 (2010)(citing Wilson v. Wal-Mart
Stores, 158 N.J. 263, 272 (1999)).
Petitioner was suspended on December 12, 2024. 	That is a single act. 	He had
90 days from that date to file his petition of appeal. 	He failed to do so and is time
barred.
Based upon the foregoing I CONCLUDE that respondent’s motion to dismiss be
GRANTED.
ORDER
It is hereby ORDERED that respondent’s motion to dismiss is GRANTED.
I 	hereby 	FILE 	this 	initial 	decision 	with 	the 	COMMISSIONER 	OF 	THE
DEPARTMENT OF EDUCATION for consideration.
This recommended decision may be adopted, modified, or rejected by the
COMMISSIONER OF THE DEPARTMENT OF EDUCATION, who by law is authorized
to make a final decision in this matter. 	If the Commissioner of the Department of
Education does not adopt, modify, or reject this decision within forty-five days and
unless such time limit is otherwise extended, this recommended decision shall become
a final decision in accordance with N.J.S.A. 52:14B-10.
Within thirteen days from the date on which this recommended decision was
mailed to the parties, any party may file written exceptions with the COMMISSIONER
OF THE DEPARTMENT OF EDUCATION. 	Exceptions may be filed by email to
ControversiesDisputesFilings@doe.nj.gov or by mail to Office of Controversies
and Disputes, 100 Riverview Plaza, 4th Floor, PO Box 500, Trenton, New Jersey

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08625-0500. 	A copy of any exceptions must be sent to the judge and to the other
parties.
June 26, 2025
DATE 	THOMAS R. BETANCOURT, ALJ
Date Received at Agency 	__________________________
Date Mailed to Parties:
db

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APPENDIX
List of Moving Papers
For Petitioner:
Reply brief dated June 16, 2025, with Exhibits A and B
For Respondent:
Notice of Motion to Dismiss
Letter brief dated June 1, 2025, with Exhibits A and B
Certification of Jonathan Busch, Esq.
Responsive brief dated June 25, 2025, with Exhibit A
Petitioner Exhibits:
Reply brief dated June 16, 2025
Ex. A. Letter from Stepehen J. Edelstein, Esq. to Jonathan M. Busch, Esq., dated
1/13/25
Ex. B. Letter from Jonathan M. Busch, Esq., to Stephen J. Edelstein, Esq., dated
1/15/25
Respondent Exhibits:
Letter Brief dated June 1, 2025
Ex. A. Certification of Jonathan Busch, Esq. (also attached to responsive brief)
Ex. B Board of Education Organization Chart