21 Results for [("N.J.S.A. 18a:16-6")]

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1 MARIA AZZARO v. BOARD OF EDUCATION OF THE CITY OF TRENTON -- rank: 1000

... A.D. This appeal raises a novel issue of whether N.J.S.A. 18A:16-6 allows school board employees to wait until the final disposition ... initiation of the proceeding, unlike the procedure set forth in N.J.S.A. 18A:16-6.1, which provides that an employee cannot seek reimbursement of ... fees incurred in the successful defense of Azzaro pursuant to N.J.S.A. 18A:16-6. The Board opposed the application. The petition was transmitted as ... and was independent of the outcome. On the other hand, N.J.S.A. 18A:16-6.1 provides defense costs only when the criminal or quasi ... the more than ten-year delay in seeking relief under N.J.S.A. 18A:16-6, the Commissioner denied petitioners' application. This appeal followed. II. Petitioners contend N.J.S.A. 18A:16-6 does not contain a notice requirement and, therefore, Azzaro ...

docket:	a0188-22
court:	NJ Superior Court Appellate Division
decided:	2023-12-21
status:	Published
citation:
Document Size:	41063

2 Ronald W. Sahli, Esq., v. Woodbine Board of Education, et al. -- rank: 918

... whether a school board attorney is entitled to indemnification under N.J.S.A. 18A:16-6, which provides for indemnification in defense of a civil action ... The Board also denied indemnification and defense on grounds that N.J.S.A. 18A:16-6 applies to officers and employees, not independent contractors such as ... in defense of the claim. The trial court concluded that N.J.S.A. 18A:16-6 provided indemnification for the attorney of the Board, but the ... the Board's attorney is not entitled to indemnification under N.J.S.A. 18A:16-6, and rejected Sahli's argument that the claims arose out ... than Board secretary. 386 N.J. Super. 533 (2006). HELD: N.J.S.A. 18A:16-6, which provides for indemnification in defense of a civil action ... s extensive analysis of the legislative and decisional history of N.J.S.A. 18A:16-6, which affords indemnity in a civil action to any " ...

docket:	a-92-06
court:
decided:	2008-01-30
status:
citation:	*CITE_PENDING*
Document Size:	79426

3 L.A. v. Board of Education of the City of Trenton -- rank: 878

... awarded L.A. attorneyâ€™s fees and costs pursuant to N.J.S.A. 18A:16-6, the statute that addresses the right to indemnification for officers ... proceedings to be entitled to indemnification under the civil statute, N.J.S.A. 18A:16-6. This Court granted certification. 217 N.J. 286 (2014). HELD : N.J.S.A 18A:16-6 requires indemnification for fees and costs associated with defending against ... civil and criminal indemnification statutes. Under the civil indemnification statute, N.J.S.A. 18A:16-6, a board of education employee may be indemnified for attorneyâ ... duties of the school board employee. The criminal indemnification statute, N.J.S.A. 18A:16-6.1, requires a disposition of the criminal charges in favor ... his or her employment duties. Thus, the criminal indemnification statute, N.J.S.A. 18A:16-6.1, is not relevant. (pp. 14-15) 3. Here, ...

docket:	A-59-13
court:	NJ Supreme Court
decided:	2015-03-25
status:
citation:	221 N.J. 192 110 A.3d 914
Document Size:	68212

4 Board of Education of the Borough of Florham Park v. Utica Mutual Insurance Company and Selective Insurance Company -- rank: 861

... in force when Ford was acquitted. Meeker held that under N.J.S.A. 18A:16-6.1 the triggering even for insurance coverage is an acquittal ... because both policies incorporate by reference the statutory language in N.J.S.A 18A:16-6.1 and related provisions, and applying Bower v. Board of ... Thereafter, he demanded that the Board reimburse him pursuant to N.J.S.A. 18A:16-6.1 for $487,831.08 in counsel fees and expenses ... the Policy applies to the obligations imposed upon you by N.J.S.A. 18A:16-6.1. Nonetheless, the court felt bound by Meeker Sharkey Associates ... Super. 354 , 358 (App. Div. 1986), which held that under N.J.S.A. 18A:16-6.1 the triggering event for insurance coverage is an acquittal ... Finally, the panel concluded that the “final disposition” language of N.J.S.A. 18A:16-6.1 does not address the triggering event for coverage, ...

docket:	a-60-01
court:	njsupreme
decided:	2002-06-13
status:
citation:	172 N.J. 300
Document Size:	45690

5 PAUL NORMAN BOWER AND WILLS O'NEILL & MELLK VS BOARD OF ED OF EAST ORANGE -- rank: 836

... of those criminal charges. For the first time we construe N.J.S.A. 18A:16-6.1, "Indemnity of officers and employees in certain criminal actions ... in defending against prosecution of the first indictment, pursuant to N.J.S.A. 18A:16-6.1. The Commissioner referred the matter to the Office of ... determined that Bower could not establish the nexus required by N.J.S.A. 18A:16-6.1, that the conduct alleged in the charges against him ... a "final disposition in favor" of Bower as required by N.J.S.A. 18A:16-6.1. The Commissioner of Education adopted the A.L.J ... footnote 2 III Bower claims entitlement to indemnification pursuant to N.J.S.A. 18A:16-6.1, which states: Should any criminal action be instituted against ... this provision refers back to and incorporates the requirements of N.J.S.A. 18A:16-6, governing indemnification in civil actions. Scirrotto v. Warren Hills ...

docket:	a4836-93
court:	njappellate
decided:	1996-01-30
status:	published
citation:	287 N.J.Super. 15
Document Size:	56362

6 PAUL NORMAN BOWER AND WILLS O'NEILL & MELLK VS BOARD OF ED OF EAST ORANGE -- rank: 836

docket:	a6827-93
court:	njappellate
decided:	1996-01-30
status:	published
citation:	287 N.J.Super. 15
Document Size:	56362

7 RAY WATERS v. BOARD OF EDUCATION OF THE TOWNSHIP OF TOMS RIVER OCEAN COUNTY - -- rank: 826

... finding of liability. Plaintiffs thereafter brought an action pursuant to N.J.S.A. 18A:16-6 before the Commissioner of Education (Commissioner), seeking reimbursement in the ... necessary to secure such rights." Finding that the intent of N.J.S.A. 18A:16-6 is "to defray the employee's expenses" for "potentially ruinous ... Board asserts that plaintiffs are not entitled to relief under N.J.S.A. 18A:16-6 because Horace Mann is not an â€œemployeeâ€ of the ... arises "out of contract -- here, a statutory contract founded in [ N.J.S.A. 18A:16-6] -- to establish an insurance fund that included . . . the obligation to ... Horace Mann's contract with NJEA is nonetheless valid because N.J.S.A. 18A:16-6's indemnity provision is not superseded by the TCA. N.J.S.A. 18A:16-6 requires boards of education to defend and indemnify employees " ...

docket:	a4706-10
court:	NJ Superior Court Appellate Division
decided:	2011-12-22
status:	unpublished
citation:
Document Size:	39147

8 JOSEPH C. PARLAVECCHIO et al. v. STATE-OPERATED SCHOOL DISTRICT CITY OF NEWARK -- rank: 826

... Newark seeking a judgment by way of reimbursement pursuant to N.J.S.A. 18A:16-6.1 for "legal fees and costs to defend . . . federal and ... civil action complaint is equally meritless. The statute at issue, N.J.S.A. 18A:16-6.1, is manifestly a provision of the school laws, over ... 1997). Persons affected by a decision regarding the application of N.J.S.A. 18A:16-6.1 may not defeat the presumptively valid time requirement of ... argument. See Kaprow , supra , 131 N.J. at 583-86. N.J.S.A. 18A:16-6.1 provides for the reimbursement of employees' legal costs in ... employee by or on behalf of the board of education. N.J.S.A. 18A:16-6 provides for defrayal of employees' legal costs in civil matters ... 149 N.J. 416 (1997), the Supreme Court recognized that N.J.S.A. 18A:16-6.1 refers back to N.J.S.A. 18A: ...

docket:	a6634-04
court:	njappellate
decided:	2007-01-18
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	53584

9 BOARD OF EDUCATION BOROUGH OF FLORHAM PARK, Plaintiff v. UTICA MUTUAL INSURANCE COMPANY, -- rank: 759

... the Borough of Florham Park (Board) for its liability under N.J.S.A. 18A:16-6.1. Utica asserts that coverage is available only under a ... required to pay, pursuant to responsibility of the Board under N.J.S.A. 18A:16-6.1, $487,831.08, in counsel fees and expenses Ford ... acquittal, Ford filed a claim with the Board pursuant to N.J.S.A. 18A:16-6.1 for reimbursement of his counsel fees and expenses in ... the Policy applies to the obligations imposed upon you by N.J.S.A. 18A:16-6.1 the potential triggering of liability occurred with the filing ... responsible for indemnifying the Board for its liability pursuant to N.J.S.A. 18A:16-6.1, which provides: Should any criminal action be instituted against ... trial and all appeals. Section 6.1, as well as N.J.S.A. 18A:16-6, See footnote 3 3 provides that board of education ...

docket:	a6397-99
court:	njappellate
decided:	2001-10-31
status:	published
citation:	344 N.J. Super. 558
Document Size:	24399

10 Bower v. Board of Education of the City of East Orange -- rank: 757

... in defending against prosecution of the first indictment, pursuant to N.J.S.A. 18A:16-6.1 (“the statute”), which the Commissioner referred to the Office ... in the adjudicatory proceeding instituted by Bower was impermissible. 1. N.J.S.A. 18A:16-6.1 prescribes a two-part standard for determining whether board ... after all charges against him were dismissed. The relevant statutes, N.J.S.A. 18A:16-6 and -6.1, provide that indemnification is mandatory if the ... in defending against prosecution of the first indictment, pursuant to N.J.S.A. 18A:16-6.1. The Commissioner referred the matter to the Office of ... determined that Bower could not establish the nexus required by N.J.S.A. 18A:16-6.1, that the conduct alleged in the charges against him ... a "final disposition in favor" of Bower as required by N.J.S.A. 18A:16-6.1. The Commissioner of Education adopted the A.L. ...

docket:	a-88-96
court:	njsupreme
decided:	1997-06-10
status:
citation:	149 N.J. 416
Document Size:	78721

11 KENNETH WELSH v. WARREN COUNTY SPECIAL SERVICES SCHOOL DISTRICT -- rank: 754

... appeal involves a part-time school psychologist's claim under N.J.S.A. 18A:16-6.1 for reimbursement of attorney's fees. A parent filed ... 2425-16T4 2 6 requires to qualify for reimbursement under N.J.S.A. 18A:16-6.1. In the alternative, Hackettstown argues that if plaintiff is ... v. Bd. of Educ., 149 N.J. 416, 423 (1997). N.J.S.A. 18A:16-6 pertains to civil actions and N.J.S.A. 18A:16-6.1 pertains to criminal and quasi-criminal proceedings. Importantly, both ... or employment under the jurisdiction of any board of education.' N.J.S.A. 18A:16-6. Under N.J.S.A. 18A:16-6, a board of education shall 'defray all costs of ...

docket:	a2425-16
court:	NJ Superior Court Appellate Division
decided:	2018-10-19
status:	Unpublished
citation:
Document Size:	34565

12 ARTHUR MATTHEWS BOARD OF EDUCATION OF THE UNION COUNTY VOCATIONAL TECHNICAL SCHOOL -- rank: 749

... a suit filed by a student of Matthews pursuant to N.J.S.A. 18A:16-6. The Board appeals from that final administrative agency decision. For ... disposition of this defense and indemnification issue is governed by N.J.S.A. 18A:16-6, which states in pertinent part: Whenever any civil . . . proceeding has ... actions alleged in the Complaint." Mellk requested payment, pursuant to N.J.S.A. 18A:16-6, of $19,460.73 in costs and fees incurred for ... to indemnification. The Commissioner stated that entitlement to reimbursement under N.J.S.A. 18A:16-6 required petitioners to satisfy only the two criteria set forth ... Matthews is not entitled to reimbursement because the provisions of N.J.S.A. 18A:16-6 do not apply to allegations of assault. We disagree. Courts ... takes Matthews' conduct outside the scope of actions covered by N.J.S.A. 18A:16-6. As we have noted, the allegation was denied by ...

docket:	a1181-12
court:	NJ Superior Court Appellate Division
decided:	2014-08-06
status:	unpublished
citation:
Document Size:	24818

13 CHARLES J. KRATOVIL, v. MARK A. ANGELSON -- rank: 725

... position or 29 employmentâ€ with a board of education under N.J.S.A. 18A:16-6 because he was not an employee of the board, but ...

docket:	L-1254-18
court:	NJ Superior Court Appellate Division
decided:	2020-08-03
status:
citation:
Document Size:	115122

14 Chasin v. Montclair State University -- rank: 650

... 149 N.J. 416 , 423-31 (1997) (affirming indemnification under N.J.S.A. 18A:16-6 and 18A:16-6.1); Lameiro v. West New York ... 585 , 589-91 (Law Div. 1975)(rejecting implied repeal of N.J.S.A. 18A:16-6 by TCA). Those cases addressed N.J.S.A. 59 ... indemnity in civil actions for members of boards of education); N.J.S.A. 18A:16-6.1 (indemnity for local school officials and employees in criminal ... argument that the TCA impliedly repealed the indemnity provision of N.J.S.A. 18A:16-6. Observing that "[i]ndemnity . . . is not alien to the [A ... permissive indemnity of the TCA and the mandatory indemnity of N.J.S.A. 18A:16-6. Id. at 590. The legislative history also supports the conclusion ...

docket:	a-161-97
court:	njsupreme
decided:	1999-06-02
status:
citation:	159 N.J. 418
Document Size:	97874

15 L.A. AND THE HORACE MANN INSURANCE COMPANY v. BOARD OF EDUCATION OF THE CITY OF TRENTON, MERCER COUNTY -- rank: 626

... At issue is whether L.A. met the requirements of N.J.S.A. 18A:16-6, triggering the Board's obligation to provide indemnification of L ... and protect such person from any financial loss resulting therefrom[.] [ N.J.S.A. 18A:16-6.] Understanding taxpayers are being called upon to pay the legal ... at 419. Bower's claim for indemnification was based on N.J.S.A. 18A:16-6.1, which the court found refers back to N.J.S.A. 18A:16-6. Id. at 423 (citation omitted). The Court held "indemnification is mandatory," under N.J.S.A. 18A:16-6, "if the charges are dismissed or result in a favorable ... the course of the performance of the duties of . . . employment." N.J.S.A. 18A:16-6. See also Bower , supra , 149 N.J. at 431. ...

docket:	a4635-11
court:	NJ Superior Court Appellate Division
decided:	2013-09-24
status:	unpublished
citation:
Document Size:	24540

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