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White v. Board of Education of Borough of Glassboro

Superior Court of New Jersey, Appellate Division

June 10, 2013

LINDA WHITE, Petitioner-Appellant,
v.
BOARD OF EDUCATION OF THE BOROUGH OF GLASSBORO, GLOUCESTER COUNTY, Respondent-Respondent.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued February 5, 2013

On appeal from the Commissioner of Education, Docket No. 152-7/10.

Michael D. Capizola argued the cause for appellant (Capizola, Pancari, Lapham &

Fralinger, attorneys; Mr. Capizola, on the brief).

Stacy L. Moore, Jr., argued the cause for respondent Board of Education of the Borough of Glassboro, Gloucester County (Parker McCay, P.A., attorneys; Frank P. Cavallo, of counsel; Mr. Moore, on the brief).

Jeffrey S. Chiesa, Attorney General, attorney for respondent Commissioner of Education (Caroline Jones, Deputy Attorney General, on the statement in lieu of brief).

Before Judges Lihotz and Kennedy.

PER CURIAM

Petitioner Linda White appeals from a final agency decision of the Commissioner of Education (Commissioner), which adopted the initial decision of the Administrative Law Judge (ALJ), holding that petitioner had not acquired tenure rights in the position of a secretary, and that petitioner's termination due to a reduction in force (RIF) was not arbitrary, capricious, or unreasonable. On appeal, petitioner argues that she became a tenured secretary pursuant to N.J.S.A. 18A:17-2, and that she did not receive notice of a possible layoff from her position as required by the Open Public Meetings Act, N.J.S.A. 10:4-6 to —21 ("OPMA"). We affirm.

I.

We derive the facts from the record.

Petitioner was employed by the Board of Education of the Borough of Glassboro (Board) for eleven and one-half years, during which she worked as a data processing technician or operator for six years, a secretary for one year, an aide for three years, and a data processor for almost two years.

On May 3, 2010, the Glassboro Superintendent of Schools sent a letter to petitioner advising her that her employment would be terminated as of June 30, 2010. On July 14, 2010, petitioner filed an appeal to the Commissioner. The matter was thereafter considered a contested case and referred to the Office of Administrative Law for hearings. On March 2, 2012, the ALJ affirmed the decision to terminate petitioner's employment. Thereafter, on April 16, 2012, the Commissioner rendered a final agency decision ...


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