Kedra Gamble v. Board of Education of the Borough of Bound Brook, Somerset County, 4/3/2023, (#98-23)

OAL Dkt. No. EDU 08430-22
Agency Dkt. No. 176-7/22
New Jersey Commissioner of Education
Final Decision
Kedra Gamble,
Petitioner,
v.
Board of Education of the Borough of
Bound Brook, Somerset 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.
In this case, the petitioner challenged the respondent Board’s evaluation of her
performance and subsequent non-renewal. The ALJ’s Initial Decision reported that three
telephone conferences were scheduled in this case, and petitioner was given proper notice of
all three. Petitioner did not participate in a January 17, 2023, telephone conference and did not
contact the OAL to explain why she was unable to do so. Another telephone prehearing
conference was scheduled for February 22, 2023, and petitioner once again did not participate,
nor did she contact the OAL to explain her absence.
The ALJ found that petitioner failed to appear for the scheduled telephone conferences
and failed to file any explanation for her failure to appear. Accordingly, the ALJ determined
that the petitioner has abandoned her appeal.
98-23

2
Upon review of the record of this matter, the Commissioner concurs with the ALJ that
petitioner did not appear for scheduled telephone hearings and filed no explanation for her
failure to do so. Accordingly, this matter is no longer deemed to be a contested case before the
Commissioner and is hereby dismissed with prejudice.
IT IS SO ORDERED. 1
ACTING COMMISSIONER OF EDUCATION
Date of Decision:
Date of Mailing:
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.
April 3, 2023
April 5, 2023

New Jersey is an Equal Opportunity Employer
State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
INITIAIL DECISION
DISMISSAL
OAL DKT. NO. EDU 08430-22
AGENCY DKT. NO. 176-7/22
KENDRA GAMBLE
Petitioner,
v.
BOROUGH OF BOUND BROOK BOARD
OF EDUCATION, SOMERSET COUNTY,
Respondent.
Kendra Gamble petitioner, pro se
Robert J. Merryman, Esq., for respondent (Apruzzeese, McDermott, Mastro &
Murphy, P.C., attorneys)
Record Closed: February 23, 2023 	Decided: March 3, 2023
BEFORE JOAN M. BURKE, ALJ:
STATEMENT OF THE CASE
Petitioners 	challenge 	the 	respondent’s, 	Borough 	of 	Bound 	Brook 	Board 	of
Education, (Board or respondent) evaluation and non-renewal.

OAL DKT. NO. EDU 08430-22
2
PROCEDURAL HISTORY AND FACTUAL DISCUSSION
This matter was transmitted to the Office of Administrative Law (OAL), where it
was filed on March 4, 2022. 	Petitioner participated in a pre-hearing conference on
November 16, 2022. 	During the pre-hearing conference the parties agreed to have the
next scheduled status conference on January 17, 2023. 	Notice of that telephone
conference was emailed to petitioner and respondent on November 22, 2022.
LEGAL DISCUSSION AND CONCLUSIONS OF LAW
Pursuant to N.J.A.C. 1:1-14.4(a),
If, after appropriate notice, neither a party nor a representative
appears at any proceeding scheduled by the Clerk or judge,
the judge shall hold the matter for one day before taking any
action. 	If the judge does not receive an explanation for the
nonappearance within one day, the judge shall, . . . direct the
Clerk to return the matter to the transmitting agency for
appropriate disposition pursuant to N.J.A.C. 1:1-3.3(b) and
(c).
This matter was scheduled for three telephone conferences. Petitioner was given
notice of all telephone conferences. 	All telephone prehearing notices contain the
following language:
Failure to dial in for the telephone conference, will result in the
file being returned to the transmitting agency for appropriate
action which may include imposition of the proposed penalty
or granting the relief requested by the other party.
Petitioner did not participate in the January 17, 2023, telephone conference and
did not contact the OAL to explain why she was unable to do so.
Another telephone prehearing conference was scheduled to be heard on February
22, 2023. Proper notice of that telephone conference was emailed to the petitioner and
respondent on January 26, 2023.

OAL DKT. NO. EDU 08430-22
3
The petitioners did not participate in the February 22, 2023, telephone conference
and did not contact the OAL to explain why she was unable to do so.
CONCLUSION
To date, the petitioner has not provided a request for an adjournment of the
February 	22, 2023, telephone conference or an explanation for her nonappearance for
the same. Neither has this office received notice of legal representation on behalf of the
petitioner. Therefore, I CONCLUDE that petitioner has failed to appear and abandoned
her appeal.
ORDER
It is hereby ORDERED that this matter is DISMISSED.
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.

OAL DKT. NO. EDU 08430-22
4
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 3, 2023
DATE 	JOAN M. BURKE, ALJ
Date Received at Agency :
Date Mailed to Parties:
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