IN THE MATTER OF THE TENUREHEARING OF JUNE JOHNSTON, BOARD OF EDUCATION OF THE TENAFLY SCHOOL DISTRICT, BERGEN COUNTY, 3/5/18, (#71-18)

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71-18
AGENCY DKT NO. 20-1/18
IN THE MATTER OF THE TENURE 	:
HEARING OF JUNE JOHNSTON, 	: 	COMMISSIONER OF EDUCATION
BOARD OF EDUCATION OF THE 	: 	DECISION
TENAFLY SCHOOL DISTRICT, 	:
BERGEN COUNTY. 	:
For the Petitioner, Fogarty & Hara, Esqs.
No appearance by or on behalf of Respondent, June Johnston
This 	matter 	was 	opened 	before 	the 	Commissioner 	of 	Education 	on
January 25, 2018 through tenure charges of conduct unbecoming, insubordination, abandonment
of position and other just cause certified by Yas Usami, Board Secretary/School Business
Administrator of the Tenafly School District – together with supporting evidence against
respondent, June Johnston, a tenured secretary in the petitioner’s employ. The petitioner provided
respondent with written notice of such certification at the respondent’s last known address –
via certified mail, return receipt requested, as well as overnight and hand delivery – on
January 23, 2018.
On January 25, 2018, the Commissioner directed the respondent – via both
certified and regular mail – to file an answer to the charges. This communication clearly provided
notice to respondent that, pursuant to N.J.A.C. 6A:3-5.3 and 6A:3-5.4, an individual against whom
tenure charges are certified “shall have 15 days from the day such charges are filed with the
Commissioner to file a written response to the charges with the Commissioner,” and that failure

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to answer within the prescribed period would – absent granting of an extension for good cause
shown – result in the charges being deemed admitted. No reply to the tenure charges was received
from or on behalf of respondent.
The certified tenure charges and statement of supporting evidence filed by the
petitioner in this matter indicate that respondent has been employed as a full-time secretary in the
District since July 1, 2002. 	She received tenure on July 2, 2005. 	In the spring of 2017,
respondent’s supervisor began complaining about respondent’s deteriorating work performance
and mental health. Numerous examples are detailed in the Statement of Evidence filed with the
tenure charges. Because of these concerns, respondent was directed to submit to a fitness for duty
examination with a qualified medical professional selected by the petitioner. As of the date these
charges were filed, respondent had not provided documentation that she had complied with the
petitioner’s August 29, 2017 requirement that she undergo the examination. She has not reported
to work since June 20, 2017.
Deeming the allegations to be admitted and noting that respondent has failed to
respond to the charges certified against her, the Commissioner finds that petitioner’s charges of
conduct unbecoming a tenured secretary, insubordination, and abandonment of position have been
proven, and overwhelmingly warrant the respondent’s dismissal. Accordingly, summary decision
is hereby granted to the petitioner, and the respondent is dismissed from her tenured position with
the District.
IT IS SO ORDERED.*
ACTING COMMISSIONER OF EDUCATION
Date of Decision: March 5, 2018
Date of Mailing: 	March 5, 2018
* This decision may be appealed to the Appellate Division of the Superior Court pursuant to P.L. 2008, c. 36.
(N.J.S.A. 18A:6-9.1)