Crystal Saylor v. Board of Education of the Town of West New York, Hudson County, 9/30/21, (#206-21)

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OAL Dkt. No. EDU 15592-18
Agency Dkt. No. 219-8/18
New Jersey Commissioner of Education
Final Decision
Crystal Saylor,
Petitioner,
v.
Board of Education of the Town of
West New York, Hudson County,
Respondent.
This matter involves the petitioner’s challenge to the Board’s termination of her
employment, in which she alleged that she had earned tenure as a secretary and was entitled to
statutory tenure protections. The Administrative Law Judge (ALJ) found that petitioner had not
earned tenure because she was not employed in a secretarial position for the requisite time to
earn tenure, and her most recent position as Administrative Assistant to the Superintendent was
no longer secretarial. In a decision dated September 26, 2019, the Commissioner agreed with the
ALJ that petitioner was not employed as a secretary when she held the position of Administrative
Assistant to the Superintendent, and therefore did not have tenure rights when she was
terminated. Petitioner appealed the Commissioner’s decision, and on May 12, 2021, the
Appellate Division reversed and remanded the matter, finding that petitioner earned tenure as a
secretary based on her employment in secretarial positions – including her position as an
Administrative Assistant to the Superintendent – and she was therefore improperly terminated
without the certification of tenure charges.
206-21

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On remand, in accordance with the Appellate Division’s May 12, 2021 decision,
the Commissioner finds that petitioner is entitled to reinstatement and back pay, together with all
benefits and emoluments of her employment. To the extent that any disputes arise regarding the
calculation of back pay, such issues can be addressed in a new petition.
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.
September 30, 2021
September 30, 2021