IN THE MATTER OF THE TENURE HEARING OF PATRICK BUONGIORNO, NORTHERN VALLEY REGIONAL HGIH SCHOOL DISTRICT, BERGEN COUNTY, 1/24/08, (#28-08)

#28-08
IN THE MATTER OF THE TENURE 	:
HEARING OF PATRICK BUONGIORNO : 	COMMISSIONER OF EDUCATION
NORTHERN VALLEY REGIONAL HIGH : 	DECISION
SCHOOL DISTRICT, BERGEN COUNTY :
:
SYNOPSIS
Petitioning Board filed tenure charges of unbecoming conduct and insubordination against
respondent, a tenured custodian, and sought his removal from employment in the Northern
Regional High School District. 	Respondent failed to file an answer to the petition
following notice pursuant to N.J.A.C. 6A:3-5.3 and 6A:3-5.4.
The Commissioner concluded that the allegations – which respondent has chosen not to
deny – may be deemed admitted and are sufficient to warrant removal of the respondent
from his tenured position. 	Accordingly, the Commissioner granted summary decision to
the Board and ordered respondent dismissed from his tenured position.
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.
January 24, 2008

AGENCY DKT NO. 372-12/07
IN THE MATTER OF THE TENURE 	:
HEARING OF PATRICK BUONGIORNO : 	COMMISSIONER OF EDUCATION
NORTHERN VALLEY REGIONAL HIGH : 	DECISION
SCHOOL DISTRICT, BERGEN COUNTY :
:
For the Board, James Plosia, Jr., Esq., Apruzzese, McDermott, Mastro &
Murphy
Patrick Buongiorno, Pro Se
This 	matter 	was 	opened 	before 	the 	Commissioner 	of 	Education 	on
December 5, 2007, through the certification of tenure charges by the Northern Valley
Regional High School District against Patrick Buongiorno, a tenured custodian, alleging
unbecoming conduct and insubordination.
By notice dated December 5, 2007, the Commissioner directed respondent,
via both certified and regular mail, the certified copy having been signed for on December
8, 2007, to file an Answer to the tenure charges against him. This communication from the
Bureau of Controversies and Disputes clearly provided respondent notice 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 date such charges are filed with the Commissioner to file a
written response to the charges, and that failure to answer within the prescribed period –
where no extension has been applied for and granted – will result in the charges being

deemed admitted by the charged employee. 	Because no reply has been received from
respondent, or any attorney on his behalf, in response to the District’s charges, each count
of the charges against respondent is deemed to be admitted. N.J.A.C. 6A:5-3(c).
The 	Commissioner’s 	review 	of 	the 	tenure 	charges 	certified 	against
respondent by the Board and the statement of evidence in support of those charges
indicates that respondent has a history of conflict with the administration, inappropriate
interaction/confrontations with students, poor interpersonal relations and unmanageable
anger issues.
Deeming the within charges to be admitted, and noting that respondent has
chosen not to deny the allegations against him, the Commissioner concludes that the Board
has demonstrated that respondent is guilty of unbecoming conduct and insubordination
warranting his dismissal from his tenured position with the District.1
IT IS THEREFORE ORDERED that summary decision shall be granted to
the District, and Patrick Buongiorno shall be dismissed from his tenured position as a
custodian in the District’s employ as of the date of this decision.2
COMMISSIONER OF EDUCATION
Date of Decision: January 24, 2008
Date of Mailing: 	January 24, 2008
1 Pursuant to N.J.S.A. 18A:17-3, public school janitors, or custodians, shall, unless appointed for a fixed term,
hold office or employment under tenure of good behavior and efficiency and shall not be dismissed or
suspended or reduced in compensation, ***except for neglect, misbehavior or other offense.
2 This decision may be appealed to the State Board of Education pursuant to N.J.S.A. 6-27 et seq. and
N.J.A.C. 6A:4-1.1 et seq.