NEWARK TEACHERS UNION, LOCAL 481, AMERICAN FEDERATION OF TEACHERS, AFL-CIO AND JOHN ABEIGON V. STATE-OPERATED SCHOOL DISTRICT OF THE CITY OF NEWARK, ESSEX COUNTY AND CAMI ANDERSON, 5/21/15, (#167-15)

#167-15 (OAL Decision: Not yet available online)
NEWARK TEACHERS UNION, LOCAL 481, :
AMERICAN FEDERATION OF TEACHERS,
AFL-CIO AND JOHN ABEIGON, 	:
PETITIONERS, 	: 	COMMISSIONER OF EDUCATION
V. 	: 	DECISION
STATE-OPERATED SCHOOL DISTRICT 	:
OF THE CITY OF NEWARK, ESSEX
COUNTY AND CAMI ANDERSON, 	:
RESPONDENTS. 	:
SYNOPSIS
Petitioning Education Association (Association) sought declaratory and injunctive relief to 	compel
respondent Cami Anderson – Superintendent of the State-Operated School District of the City of
Newark – to attend all Newark Public Schools Advisory Board (SAB) meetings in order to comply
with her obligations pursuant to N.J.S.A. 18A:7A-47(b). 	An emergent relief hearing was held on
May 21, 2014 in the Office of Administrative Law (OAL), and petitioners’ request for emergent
relief was subsequently denied by the Commissioner on July 23, 2014. Respondents filed a motion
for summary decision, which was opposed by the petitioners.
The ALJ found, inter alia, that: there are no material facts at issue, and the matter is ripe for
summary decision; contrary to petitioners’ assertions, N.J.S.A. 18A:7A-47(a) and (b) do not clearly
state that a State-Operated School District Superintendent is required to appear at board meetings;
rather, the statute states that the superintendent may meet with the board as frequently as necessary;
there is no statutory requirement that the superintendent meet with the board; meetings are entirely
within the discretion of the State-appointed superintendent; there is no dispute that reports to the
board have been made by Superintendent Anderson or by some individual acting in that capacity;
the petitioners’ attempt to require the superintendent to attend SAB meetings is misplaced as the
statute clearly does not mandate that the superintendent personally attend each SAB meeting; and the
superintendent has fulfilled all of her requirements under N.J.S.A. 18A:7A-47(a) and (b). The ALJ
concluded that the respondents are entitled to summary decision, and ordered the petition dismissed.
Upon comprehensive review, the Commissioner concurred with the findings and conclusions of the
ALJ and adopted the Initial Decision as the final decision in this matter. The petition was dismissed.
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 21, 2015

OAL DKT. NO. EDU 6177-14
AGENCY DKT. NO. 125-5/14
NEWARK TEACHERS UNION, LOCAL 481, 	:
AMERICAN FEDERATION OF TEACHERS,
AFL-CIO AND JOHN ABEIGON, 	:
PETITIONERS, 	: 	COMMISSIONER OF EDUCATION
V. 	: 	DECISION
STATE-OPERATED SCHOOL DISTRICT 	:
OF THE CITY OF NEWARK, ESSEX
COUNTY AND CAMI ANDERSON, 	:
RESPONDENTS. 	:
The record of this matter and the Initial Decision of the Office of Administrative Law
(OAL) have been reviewed, as have the exceptions filed pursuant to N.J.A.C. 1:1-18.4 by the petitioners
and the District’s reply thereto.
Upon a comprehensive review of the record in this matter, the Commissioner concurs
with the Administrative Law Judge (ALJ) – for the reasons outlined in the Initial Decision – that the
petitioners’ application for injunctive relief to compel the Superintendent to attend all School Advisory
Board meetings should be dismissed. 	Moreover, the Commissioner finds the petitioners’ exceptions
unpersuasive, largely reflecting arguments and objections previously raised before the ALJ and clearly
taken into account by him in granting summary decision in favor of the District. Accordingly, for the
reasons expressed therein, the Initial Decision is adopted as the final decision in this matter.
IT IS SO ORDERED.*
COMMISSIONER OF EDUCATION
Date of Decision: 	May 21, 215
Date of Mailing: 	May 21, 2015
* 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).
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