CITY ASSOCIATION OF SUPERVISORS AND ADMINISTRATORS V. STATE-OPERATED SCHOOL DISTRICT OF THE CITY OF NEWARK, ESSEX COUNTY, 8/13/15, (#269-15R)

#269-15R (OAL Decision: Not yet available online)
CITY ASSOCIATION OF SUPERVISORS 	:
AND ADMINISTRATORS,
:
PETITIONER,
:
V. 	COMMISSIONER OF EDUCATION
:
STATE-OPERATED SCHOOL DISTRICT 	DECISION
OF THE CITY OF NEWARK, 	:
ESSEX COUNTY,
:
RESPONDENT.
:
SYNOPSIS
Petitioner, the City Association of Supervisors and Administrators (Association), asserted that the respondent
District violated the tenure rights of seven Association members by transferring them to positions at the
District’s central office. 	The Association sought the reinstatement of its members to positions as building
principals, together with reimbursement for lost benefits and emoluments of employment. 	The respondent
contended that the positions to which these principals were transferred are within the scope of their certifications
and that, accordingly, their tenure rights were not violated. In an Initial Decision dated August 27, 2014, the
ALJ agreed with the Association that its members’ rights under N.J.S.A. 18A:28-5 had been violated, and
ordered the District to restore them to positions as building principals in accordance with their tenure
entitlements. 	In a decision dated January 12, 2015, the Commissioner remanded the matter to the Office of
Administrative Law (OAL) for a more fully developed record relative to the District’s arguments that its actions
should be upheld pursuant to its authority under N.J.S.A. 18A:7F-6(b)(2) and N.J.A.C. 6A:33-1.1(b)2.
On remand, the ALJ found, inter alia, that: since the issuance of the OAL’s August 2014 Initial Decision, only
two of the administrators on whose behalf the Association had filed its claims – Zakiyya Razzaq and
Gerald Samuels – remain employed by the District; for the five administrators no longer working in the district,
this matter is moot; this case was returned to the ALJ for further consideration regarding the District’s
obligations to “turn around” failing schools under No Child Left Behind (NCLB), and whether those obligations
include a concomitant right to remove the principal of a failing building, without concern for the principal’s
tenure rights; at no time did the District contend that Gerald Samuels was transferred to the central office as part
of a larger plan to rehabilitate failing schools, but rather his transfer was an executive decision made to replace
Samuels as the leader of his school building; regarding Zakiyya Razzaq, N.J.S.A. 18A:7F-6(b) grants the
Commissioner the authority to direct staff reassignments in failing schools, but contains no language that would
permit such reassignments to violate employee tenure rights; and the law remains clear that “all teaching staff
members and other employees of a district under full State intervention shall retain and continue to acquire all
rights and privileges acquired pursuant to Title 18A of the New Jersey Statutes,” N.J.S.A. 18A:7A-40(b). The
ALJ concluded that the actions of the District in assigning Samuels and Razzaq to central office positions
violated their rights under N.J.S.A. 18A:28-5. Accordingly, the ALJ ordered the District to restore Samuels and
Razzaq to positions as building principals in accordance with their tenure entitlements.
The Commissioner adopted the Initial Decision of the OAL as the final decision in this matter. 	In so doing, the
Commissioner noted that only Gerald Samuels continues to be employed by the District, which was accordingly
directed to restore Samuels to a building principal position in accordance with his tenure entitlement.
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.
August 13, 2015

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OAL DKT. NO. EDU 788-15
(EDU 849-13 ON REMAND)
AGENCY DKT. NO. 318-11/12
CITY ASSOCIATION OF SUPERVISORS 	:
AND ADMINISTRATORS,
:
PETITIONER,
: 	COMMISSIONER OF EDUCATION
V.
: 	DECISION
STATE-OPERATED SCHOOL DISTRICT
OF THE CITY OF NEWARK, 	:
RESPONDENT. 	:
__________________________________________
The record, the Initial Decision issued August 27, 2014 by the Office of
Administrative Law (OAL), and the subsequent Initial Decision issued July 13, 2015 (in
response to the Commissioner’s January 12, 2015 remand) have been reviewed. 	The District’s
exceptions – submitted in accordance with N.J.A.C. 1:1-18.4 – and petitioner’s reply thereto
were also considered by the Commissioner.
Having now fully considered all outstanding issues, the Commissioner adopts the
ALJ’s findings and conclusions expressed within both Initial Decisions – for the reasons
collectively stated therein – as the final determination in this matter.
All but one of the aggrieved principals represented by petitioner in this matter
have resigned or retired from the District.1 Accordingly, the District is directed to restore the
only remaining employee – Gerald Samuels – to a building principal position in accordance with
1 Respondent’s July 27, 2015 exceptions indicate that Zakiyya Razzaq, one of two remaining employees identified
in the July 13, 2015 Initial Decision, retired effective June 30, 2015.

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his tenure entitlement,2 and the claims on behalf of James Carlo, JoAnn Gilmore, Donna
Marable3, Lavonne Pack, Zakiyya Razzaq, and Roy Wilson are dismissed as moot.
IT IS SO ORDERED.4
COMMISSIONER OF EDUCATION
Issued: August 13, 2015
Mailed: August 17, 2015
2 The Commissioner agrees with the ALJ’s determination that Samuels is not entitled to back pay or other
compensation, including reimbursement for parking expenses.
3 The Commissioner is also in accord with the ALJ’s determination – for the reasons outlined in the August 27, 2014
Initial Decision – that Ms. Marable’s claims were not untimely under the 90-day rule.
4 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)