BELINDA MENDEZ-AZZOLLINI V. BOARD OF EDUCATION OF THE TOWNSHIP OF IRVINGTON, ESSEX COUNTY, 4/23/10, (#128-10)

#128-10 (OAL Decision: not yet available online)
BELINDA MENDEZ-AZZOLLINI, 	:
PETITIONER, 	:
COMMISSIONER OF EDUCATION
V. 	:
DECISION
BOARD OF EDUCATION OF 	:
THE TOWNSHIP OF IRVINGTON,
ESSEX COUNTY, 	:
RESPONDENT. 	:
SYNOPSIS
Petitioner, a guidance counselor who was employed by the Board of Education for each year
from 2004-05 through 2007-08, contended that she had acquired tenure and that her employment
was unlawfully terminated on January 29, 2008. The Board countered that petitioner – owing to
leaves of absence, including two granted pursuant to the federal Family and Medical Leave Act
(FMLA) – had not provided the thirty-plus months of service required to obtain tenure under
N.J.S.A. 18A:28-5(c). 	The case was originally heard at the OAL in November 2008, and an
Initial Decision was issued denying petitioner tenure based upon language contained in the
FMLA. 	The Commissioner found that the FMLA was not dispositive of the petitioner’s claim,
and the matter required review pursuant to the standards of applicable education case law, i.e.:
Kletzkin v. Bd. of Ed. of the Borough of Spotswood; accordingly, the matter was remanded to the
OAL for further fact-finding and argument.
On remand, the ALJ found that, based on the principles in Kletzkin, supra, and Blinn v. Board of
Trustees of the Public Employees’ Retirement System, petitioner’s employment relationship with
the Board continued during her leaves of absence and that these leaves of absence had no adverse
impact on the Board’s ability to evaluate her. The ALJ found that petitioner met the requisite
number of months for tenure and is entitled to back pay, less mitigation, from the date of her
removal, together with all of the benefits of her tenured position.
The Commissioner concurred with the analysis and conclusions of the ALJ, and adopted the
Initial Decision as the final decision in this matter.
This synopsis is not part of the Commissioner’s decision. It has been prepared for the convenience of the
reader. It has been neither reviewed nor approved by the Commissioner.
April 23, 2010

OAL DKT. NO. 9947-09
(EDU 5801-08 ON REMAND)
AGENCY DKT. NO. 112-4/08
BELINDA MENDEZ-AZZOLLINI, 	:
PETITIONER, 	:
COMMISSIONER OF EDUCATION
V. 	:
DECISION ON REMAND
BOARD OF EDUCATION OF 	:
THE TOWNSHIP OF IRVINGTON,
ESSEX COUNTY, 	:
RESPONDENT. 	:
The record of this matter and the Initial Decision on Remand issued by the Office
of Administrative Law (OAL) have been reviewed. No exceptions were filed by the parties.
Upon review, the Commissioner fully concurs with the analysis and conclusions
of the Administrative Law Judge, as thoroughly and clearly set forth in the Initial Decision.
Accordingly, the Initial Decision of the OAL – finding that petitioner has
acquired tenure and is entitled to the relief sought, including back pay, less mitigation, from the
date of her removal, together with all of the benefits of her tenured position – is adopted as the
final decision in this matter.
IT IS SO ORDERED.*
COMMISSIONER OF EDUCATION
Date of Decision: 	April 23, 2010
Date of Mailing: 	April 23, 2010
* 	Pursuant 	to 	P.L. 2008, c. 36 	(N.J.S.A. 	18A:6-9.1), 	Commissioner 	decisions 	are 	appealable 	to 	the
Appellate Division of the Superior Court.