Antoine Gayles v. Board of Education of the Township of Hillside, Union County, 5/2/19, (#115-19)

115-19
New Jersey Commissioner of Education
Decision
Antoine Gayles,
Petitioner,
v.
Board 	of 	Education 	of 	the 	Township 	of
Hillside, Union County,
Respondent.
Synopsis
Petitioner – who is currently on involuntary paid administrative leave – sought reinstatement to his
position as Superintendent of Schools in the respondent Board’s school district. Petitioner initially
filed a motion for emergent relief which was denied by the Commissioner on March 18, 2019. The
Commissioner’s decision denying emergent relief directed that the matter “shall continue at the OAL
with such proceedings as the parties and the ALJ deem necessary to bring it to closure.”
The ALJ found, inter alia, that: a telephone conference between the parties was convened following
the Commissioner’s March 18 th denial of the motion for emergent relief for the purpose of
determining whether further proceedings are necessary to bring this matter to closure; counsel for
both parties agreed at that time that the motion for emergent relief was concluded and that the matter
was therefore moot. 	The ALJ concluded in his Initial Decision that the denial of the request for
emergent relief rendered the entire matter moot, and recommended dismissal of the petition with
prejudice.
Upon review, the Commissioner rejected the Initial Decision and remanded the matter to the OAL
for further proceedings. In so doing, the Commissioner noted, inter alia, that the petitioner still
appears to have a dispute with the Board as to his entitlement to the position of Superintendent of
Schools, and – though relief was not granted in an emergent manner – the claims alleged in the
petition should be addressed at a hearing on the merits. Accordingly, the matter cannot be dismissed
as moot.
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.
May 2, 2019

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OAL Dkt. No. EDU 02910-19
Agency Dkt. No. 45-2/19
New Jersey Commissioner of Education
Decision
Antoine Gayles,
Petitioner,
v.
Board 	of 	Education 	of 	the 	Township 	of
Hillside, Union County,
Respondent.
The record of this matter and the Initial Decision of the Office of Administrative
Law (OAL) have been reviewed, as have the exceptions filed by petitioner pursuant to
N.J.A.C. 1:1-18.4, and the Board’s reply thereto.1
In this matter, petitioner seeks reinstatement to his position as Superintendent of
Schools in the respondent’s District. 	Petitioner filed a motion for emergent relief, which the
Commissioner denied on March 18, 2019. 	The matter continued at the OAL, and the
Administrative Law Judge (ALJ) entered an Initial Decision dismissing the matter as moot.
Petitioner’s exceptions do not address the ALJ’s finding that this matter is moot,
and instead seek to overturn the denial of emergent relief. 	Such arguments will not be
considered, as the Commissioner has already issued a decision denying petitioner’s application
for emergent relief. 	The Commissioner notes that the petitioner still appears to have a dispute
with the Board as to his entitlement to the position of Superintendent of Schools. Although relief
1 Petitioner filed a response to the Board’s reply. Such a filing is not contemplated by N.J.A.C. 1:1-18.4,
so it will not be considered by the Commissioner.

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was not granted in an emergent manner, the claims alleged in the petition should be addressed at
a hearing on the merits. As such, this matter cannot be dismissed as moot.
Accordingly, the Initial Decision of the OAL is rejected, and this matter is
remanded to the OAL for further proceedings.
IT IS SO ORDERED.
COMMISSIONER OF EDUCATION
Date of Decision: 	May 2, 2019
Date of Mailing: 	May 2, 2019

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State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
INITIAL DECISION
OAL DKT. NO. EDU 02910-19
AGY REF NO. 45-2/19
ANTOINE GAYLES,
Petitioner,
v.
BOARD OF EDUCATION OF THE TOWNSHIP
OF HILLSIDE,
Respondent.
_________________________________________
William F. Koy, Esq., for Petitioner
Allan C. Roth, Esq., for Respondent (Ruderman & Roth, LLC, attorneys)
Record Closed: March 6, 2019 	Decided: March 22, 2019
BEFORE THOMAS R. BETANCOURT, ALJ:
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 February 28, 2019, to be heard on an emergent basis.

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Petitioner seeks reinstatement to his position as Superintendent of Schools in the
Respondent school district. 	Petitioner is currently on involuntary paid administrative
leave.
The District filed a motion for declaratory ruling with the Commissioner of DOE
on March 1, 2019, pursuant to N.J.A.C. 6A:3-2.1. 	By letter to the undersigned dated
March 5, 2019, counsel for the District requested that declaratory ruling motion be
consolidated with the within matter. 	That request cannot be considered at the present
time as the Commissioner has not transferred the matter to the OAL.
The motion for emergent relief was heard on March 6, 2019. 	By Order dated
March 	6, 	2019, 	the 	undersigned 	denied 	the 	motion 	for 	emergent 	relief. 	The
Commissioner of Education issued a Final Decision, adopting the Order entered by the
undersigned and stated in said Final Decision: “This matter shall continue at the OAL
with such proceedings as the parties and the ALJ deem necessary to bring it to
closure.”
Accordingly, a telephone conference was convened on March 20, 2019 to
discuss what further proceedings, if any, might be necessary. 	Counsel for Petitioner
and Respondent agreed that the motion for emergent relief was concluded and that the
matter is now moot.
LEGAL ANALYSIS AND CONCLUSION
In Betancourt v. Trinitas Hosp.,2 415 N.J. Super. 301, 08, the New Jersey
Supreme Court defines mootness as follows:
”We 	first 	set 	forth 	the 	principles 	that 	inform 	a 	consideration 	of 	claims 	of
mootness. Mootness is a threshold justiciability determination rooted in the notion that
judicial power is to be exercised only when a party is immediately threatened with
harm. Jackson v. Dep’t of Corr. 335 N.J. Super. 227, 231, 227, 762 A.2d 255 (App.Div.
2 The litigants in this matter are not related to the undersigned.

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2000), certif. denied, 167 N.J. 630, 772 A.2d 932 (2001). "A case is technically moot
when the original issue presented has been resolved, at least concerning the parties
who initiated the litigation." DeVesa v. Dorsey, 134 N.J. 420, 428, 634 A.2d 493
(1993) (Pollock, 	J., 	concurring) 	(citing Oxfeld 	v. 	N.J. 	State 	Bd. 	of 	Educ., 	68 	N.J.
301,303, 344 A.2d. 769 (1975)). To restate, "'an issue is "moot" when the decision
sought in a matter, when rendered, can have no practical effect on the existing
controversy.'" (citations omitted).
As the denial of the request for relief has rendered the matter moot there is no
further proceedings necessary to bring this matter to closure.
Based upon the foregoing, I CONCLUDE that the instant matter is moot and
should be DISMISSED with prejudice.
ORDER
It is hereby ORDERED that the above captioned matter is DISMISSED with
prejudice.
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.

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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, ATTN: 	BUREAU OF CONTROVERSIES
AND DISPUTES, 100 Riverview Plaza, 4th Floor, PO Box 500, Trenton, New Jersey
08625-0500, marked “Attention: Exceptions.” A copy of any exceptions must be sent to
the judge and to the other parties.
March 22, 2019
DATE 	THOMAS R. BETANCOURT, ALJ
Date Received at Agency 	________________________________
Date Mailed to Parties: