ROSEANN E. BROWN V. BOARD OF EDUCATION OF THE CITY OF CAMDEN, CAMDEN COUNTY AND ANNETTE D. KNOX, SUPERINTENDENT, 7/22/05, #262-05

#262-05 (OAL Decision http://lawlibrary.rutgers.edu/oal/html/initial/edu08563-03_1.html)
ROSEANN E. BROWN, 	:
PETITIONER, 	:
V. 	: 	COMMISSIONER OF EDUCATION
BOARD OF EDUCATION OF THE CITY OF 	: 	DECISION
CAMDEN, CAMDEN COUNTY, AND
ANNETTE D. KNOX, SUPERINTENDENT, 	:
RESPONDENTS. 	:
SYNOPSIS
Petitioner, who was formerly employed by the Board under a fixed-term contract in the
non-certificated title of public information officer, asserted that the Board: 	1) did not follow
proper procedures for non-renewal of her employment contract; and 2) denied her retroactive pay
which was paid to other non-bargaining unit employees.
The ALJ concluded inter alia that: non-certificated employees of local school boards under
fixed-term contracts have no right to continued employment by such boards other than the
protections provided by N.J.S.A. 18A:27-4.1; petitioner has had due process by way of this case
and has not shown that the Board’s nonrenewal of her employment was arbitrary and capricious
or otherwise unlawful; the Board should not be ordered to renew petitioner’s employment; and
the Board should not be ordered to pay the petitioner retroactive raises. 	The ALJ ordered the
petitioner’s claims dismissed with prejudice.
The Commissioner concurs with the ALJ that the petitioner failed in her burden of proving that
the Board acted unlawfully when it: 1) did not renew her contract for the 2003-2004 school year;
and 2) denied her claim for retroactive pay increases. 	Accordingly, the Initial Decision is
adopted for the reasons expressed therein, and the petition is hereby dismissed with prejudice.
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.

OAL DKT. NO. EDU 8563-03
AGENCY DKT. NO. 350-9/03
ROSEANN E. BROWN, 	:
PETITIONER, 	:
V. 	: 	COMMISSIONER OF EDUCATION
BOARD OF EDUCATION OF THE CITY OF 	: 	DECISION
CAMDEN, CAMDEN COUNTY, AND
ANNETTE D. KNOX, SUPERINTENDENT, 	:
RESPONDENTS. 	:
The record of this matter and the Initial Decision of the Office of Administrative
Law have been reviewed. The parties did not file exceptions.
Upon 	a 	careful 	and 	independent 	review 	of 	the 	record 	in 	this 	matter, 	the
Commissioner concurs with the Administrative Law Judge that petitioner, a nontenured public
information officer, failed in her burden of proving that the Board acted unlawfully when it:
1) did not renew her contract for the 2003-2004 school year; and 2) denied her claim for
retroactive pay increases.
Accordingly, the Initial Decision dismissing the petition in this matter, with
prejudice, is adopted for the reasons expressed therein.
IT IS SO ORDERED. *
COMMISSIONER OF EDUCATION
Date of Decision: July 22, 2005
Date of Mailing: 	July 25, 2005
* This decision may be appealed to the State Board of Education pursuant to N.J.S.A. 18A:6-27 et seq. and
N.J.A.C. 6A:4-1.1 et seq.