On appeal from the Commissioner of Education, Docket No. 4-7/08A.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted September 20, 2010
Before Judges Reisner and Sabatino.
Steven Kramer, an educator licensed by the State of New Jersey, appeals a final agency decision of the Commissioner of Education dated April 8, 2009. The Commissioner's decision sustained a finding by the State Board of Examiners ("the Examiners") that appellant had engaged in conduct unbecoming a school administrator while he was employed by the Montville Board of Education. Appellant contests that finding, and the associated sixty-nine-day suspension of his license that was imposed. Applying our limited scope of review of such administrative decisions, we affirm.
The pertinent events occurred while appellant was principal of Montville High School. After renovations somehow interfered with the integration of the school's new fire alarm system, false alarms repeatedly occurred several times per month. The private company responsible for the school's alarm system was unable to rectify the problem, despite multiple repair attempts. Each time the alarm sounded, the school had to be evacuated until personnel from the local fire department arrived and gave clearance to the students and the staff to re-enter the building.
In an effort to minimize the disruption caused by the repeated false alarms, appellant instituted what he described as a "human system." Under this arrangement, during the school day, the fire alarms were switched to "test mode," which disconnected the automatic link that would otherwise alert the fire department whenever an alarm was set off. In lieu of the automatic notification, designated staff members with walkietalkies were assigned to go to the alarm's location and ascertain whether an actual fire was occurring; if so, the fire department would be immediately called. Appellant implemented these changes unilaterally, without the knowledge or permission of local fire officials.
In March 2006, a fire erupted in one of the trash cans at the school. The building was not evacuated except in the vicinity of the fire, and appellant did not report the fire until about thirty minutes after it was detected. Although the fire was promptly extinguished without anyone being harmed, a citation was issued for the school's violation of fire safety codes after local fire officials discovered that the alarm system had been placed on test mode. Shortly thereafter, appellant was suspended from his position as principal. The Board of Education then brought an administrative action to revoke appellant's tenure.
After the tenure matter was referred to the Office of Administrative Law ("OAL"), appellant and the Board of Education reached a settlement, in which appellant agreed to resign from his tenured position in the school district. Following the Commissioner's approval of that settlement, the Examiners brought the instant action to revoke or suspend appellant's teaching certificates.
The matter was tried as a contested case before an Administrative Law Judge ("ALJ") over two days in July 2007. After considering the proofs, which included the testimony of several witnesses, the ALJ recommended that appellant not be sanctioned. The ALJ acknowledged that placing the fire alarm system in test mode violated the State's Fire Prevention Code, which, among other things, proscribes "tampering with or interfering with the effectiveness of a fire suppression, fire detection or alarm system[.]" See N.J.A.C. 5:70-3.2(a)(5)(viii), at Section F-504.2.1. Nevertheless, the ALJ concluded that although appellant's actions were "clearly an error in judgment," they did not, in the ALJ's estimation, "amount to unbecoming conduct so as to justify the revocation or suspension of [his teaching certificates]."
The Examiners took exception to the ALJ's conclusion that appellant had not engaged in unbecoming conduct. In a written decision dated February 21, 2008, the Examiners determined that "[appellant]'s actions put the entire school at risk" by "eliminat[ing] the immediate notification of fire department officials" when an alarm was activated. Based on their contrary assessment of his culpability, the Examiners voted to suspend appellant's certificates as a school administrator for a period of two years. The Examiners left intact, however, appellant's certificate as an instructor.
Appellant filed an administrative appeal of the Examiners' decision and moved for a stay of the two-year suspension. Upon further review, the Examiners reconsidered the penalty and decided to "give greater weight to the circumstances that led to [appellant]'s decision to disable the fire alarm from fire department notification." The Examiners recognized that "[appellant] honestly believed he was doing his best to keep his students safe while minimizing needless disruptions to the educational process." Although the Examiners reiterated that they did not condone appellant's solution, they acknowledged his "frustration in light of the [school] district's inaction and his attempt to fulfill his role as an administrator in extremely trying circumstances." In light of these mitigating factors, the Examiners reduced appellant's suspension from two years to the period that he had already served, i.e., from February 21, 2008 through May 1, 2008.
On April 9, 2009, the Commissioner of Education affirmed the Examiners' determination and the modified ...