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Redcay v. State Board of Education

Decided: April 18, 1942.

PAUL I. REDCAY, PROSECUTOR,
v.
STATE BOARD OF EDUCATION AND BOARD OF EDUCATION OF THE TOWNSHIP OF MIDDLETOWN, MONMOUTH COUNTY, RESPONDENTS



On certiorari.

For the prosecutor, Lester C. Leonard.

For the State Board of Education, David T. Wilentz, Attorney-General (John F. Bruther, Assistant Attorney-General, of counsel).

For the Board of Education of the Township of Middletown, Lawrence A. Carton.

Before Justices Bodine, Perskie and Porter.

Perskie

The opinion of the court was delivered by

PERSKIE, J. The basic question requiring decision in this cause is whether prosecutor was improperly dismissed as principal of the Middletown Township High School.

Prosecutor, Paul I. Redcay, has been principal of the Middletown Township High School since 1923, and as such was

and is concededly entitled to the protection afforded him by our Tenure Act for teachers and principals. N.J.S.A. 18:13-16, et seq.

On April 17th, 1939, prosecutor was notified by the supervising principal of the Board of Education of the Township of Middletown (hereafter referred to as respondent), that, at a meeting held by respondent, on April 11th, 1939, he was elected principal for the school year 1939-1940 at the salary of $3,800. Prosecutor accepted the position.

Thereafter, on August 11th, 1939, a series of charges were preferred against prosecutor by a former president of the local board, a present member of the local board, and by the supervising principal. In our view of this cause, it will serve no purpose to state even in epitomized form the details of these extensive charges. Suffice it to observe that they charged prosecutor with inefficiency, incapacity, insubordination, lack of co-operation, unfitness and conduct generally unbecoming a principal.

After conducting 19 hearings, taking testimony and 150 exhibits resulting in a record of some 1,400 typewritten pages, the local board (the member thereof who had filed charges not voting), on December 12th, 1939, found prosecutor guilty on most of the specifically ...


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