Search Rutgers Law Library N.J. Court Opinions

1 BRENDA MILLER v. STATE-OPERATED SCHOOL DISTRICT OF THE CITY OF NEWARK, ESSEX COUNTY - -- rank: 1000

... District) was terminated in violation of her tenure rights under N.J.S.A. 18A:17-2, and the termination was void because it was effectuated without ... termination of petitioner's employment violated her tenure rights under N.J.S.A. 18A:17-2, we reverse. I. The relevant facts are not disputed. Petitioner ... alleged her termination was unlawful because she had tenure under N.J.S.A. 18A:17-2 in her position as a Confidential Assistant, and Rodriguez lacked ... disposition in petitioner's favor finding petitioner had tenure under N.J.S.A. 18A:17-2 because she had been employed by the District in secretarial ... ALJ concluded petitioner's termination violated her tenure rights under N.J.S.A. 18A:17-2, and recommended petitioner's reinstatement. The District filed exceptions to ... decision. The Commissioner determined petitioner did not earn tenure under N.J.S.A. 18A:17-2 while she served in classified positions under the Act ...

docket:	a0078-16
court:	NJ Superior Court Appellate Division
decided:	2018-07-27
status:
citation:
Document Size:	44143

2 JUDITH A. DINAPOLI v. BOARD OF EDUCATION OF THE TOWNSHIP OF VERONA ESSEX COUNTY -- rank: 806

... and not contractual. Zimmerman , supra , 38 N.J. at 72. N.J.S.A. 18A:17-2 defines the conditions under which secretarial employees of a board ... aff'd , 89 N.J. 216 (1982). The Board argues N.J.S.A. 18A:17-2 authorizes tenure to be maintained only while the employee serves ... tenure rights upon transfer to a certificated position. Nor does N.J.S.A. 18A:17-2 reflect a legislative design to provide secretaries, who have relinquished ... employment, the right to retain tenure. Rather, the language of N.J.S.A. 18A:17-2 limits the retention of tenure to the time during which ... had intended for a secretary, who acquired tenure pursuant to N.J.S.A. 18A:17-2 (b) or (c), to retain tenure upon relinquishment of his ... a different position prior to achieving tenure in that position. N.J.S.A. 18A:17-2 does not contain a similar tenure retention provision regarding ...

docket:	a5649-11
court:	NJ Superior Court Appellate Division
decided:	2014-01-22
status:	published
citation:	434 N.J.Super. 233 83 A.3d 857
Document Size:	58073

3 Brenda Miller v. State-Operated School District of the City of Newark -- rank: 763

... District) was terminated in violation of her tenure rights under N.J.S.A. 18A:17-2. Miller was hired by the District in 1998 and held ... Education, alleging it was unlawful because she had tenure under N.J.S.A. 18A:17-2. The Commissioner determined Miller did not earn tenure under N.J.S.A. 18A:17-2 while she served in classified positions under the Act because ... she satisfied the time in employment requirements for tenure under N.J.S.A. 18A:17-2.” ___ N.J. Super. ___, ___ (App. Div. 2018) (slip op. at ... 18A:28- “is inapplicable to tenure rights earned under N.J.S.A. 18A:17-2,” id. at ___ (slip op. at 15- 16), and stressed that “ N.J.S.A. 18A:17-2 does not exempt secretarial employees in Civil Service positions ...

docket:	a-52-18
court:	NJ Supreme Court
decided:	2019-11-04
status:
citation:
Document Size:	18947

4 HELEN CHELOC v. BOARD OF EDUCATION OF THE CITY OF ELIZABETH UNION COUNTY -- rank: 723

... dismissing the petition because Cheloc was not tenured under either N.J.S.A. 18A:17-2 or N.J.S.A. 18A:28-5. She also ... concerns the reasonableness of the Acting Commissioner’s interpretations of N.J.S.A. 18A:17-2 and N.J.S.A. 18A:28-5. We observe ... are loathe to disturb. Tenure is a statutory right, and N.J.S.A. 18A:17-2 defines with specificity the conditions under which an individual may ... or shall have served therein for three consecutive calendar years." N.J.S.A. 18A:17-2(a). Because Cheloc never acted as a school business administrator ... since the filing of the matter four years earlier." 5 N.J.S.A. 18A:17-2(a) provides that [a]ny . . . school business administrator . . . of a ...

docket:	a1885-11
court:	NJ Superior Court Appellate Division
decided:	2012-10-03
status:	unpublished
citation:
Document Size:	36975

5 /usr/local/share/www/libweb/collections/courts/appellate/a0990-19.opn.html -- rank: 668

... she was not under tenure as a secretary, pursuant to N.J.S.A. 18A:17-2, when she was terminated. We conclude Saylor has met her ... Commissioner of Education claiming she was a tenured employee under N.J.S.A. 18A:17-2, and the Board erred by failing to file tenure charges ... 434 N.J. Super. at 236. The Commissioner mistakenly construed N.J.S.A. 18A:17-2 in concluding, under the facts presented, Saylor was not a ... school district or under any office thereof' gains tenure under N.J.S.A. 18A:17-2(b), after 1. The expiration of a period of employment ... A. 18A:6-9 to -29. '[T]he language of N.J.S.A. 18A:17-2 limits the retention of tenure to the time during which ... allows a person holding 'any secretarial position' to gain tenure. N.J.S.A. 18A:17-2(b) (emphasis added). Saylor moved from one secretarial position ...

docket:
court:
decided:
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Document Size:	32185

6 ANGELO RAIMONDI v. BOARD OF EDUCATION WESTWOOD REGIONAL SCHOOL DISTRICT, BERGEN COUNTY -- rank: 632

... of service in the Westwood School District entitle him under N.J.S.A. 18A:17-2 to employment as the school business administrator, assuming that the ...

docket:	a5555-05
court:	njappellate
decided:	2007-08-07
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	53226

7 DIANNE GIARDINA v. BOARD OF EDUCATION TOWNSHIP OF PEQUANNOCK, MORRIS COUNTY -- rank: 558

... the Commissioner, alleging that she had gained tenure pursuant to N.J.S.A. 18A:17-2, and that the Board violated her tenure rights when it ... Giardina] held a 'clerical position' eligible for tenure pursuant to N.J.S.A. 18A:17-2 when she served as an Office Aide." In denying Giardina ... position as an office aide is tenure eligible, pursuant to N.J.S.A. 18A:17-2, but that [Giardina] did not accrue tenure in either the ... the position of a ten-month secretary, are governed by N.J.S.A. 18A:17-2, which provides in pertinent part: b. Any person holding any ...

docket:	A0822-05
court:	NJ Superior Court Appellate Division
decided:	2006-06-19
status:	unpublished
citation:
Document Size:	37083

8 LINDA WHITE v. BOARD OF EDUCATION OF THE BOROUGH OF GLASSBORO -- rank: 558

... 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 ... petitioner argues that she became a tenured secretary pursuant to N.J.S.A. 18A:17-2, and that the Board's decision to terminate her employment ... N.J. at 588. Tenure is a statutory right, and N.J.S.A. 18A:17-2 sets forth with specificity the conditions under which an individual ... Educ. of Pine Hill Borough , 51 N.J. 400 (1968). N.J.S.A. 18A:17-2 grants tenure to "[a]ny person holding any secretarial or ...

docket:	a4711-11
court:	NJ Superior Court Appellate Division
decided:	2013-06-10
status:	unpublished
citation:
Document Size:	23365

9 JOANNE C. BURGER - v. BOARD OF EDUCATION OF THE BOROUGH OF MAYWOOD BERGEN COUNTY - -- rank: 496

... 2010). On appeal, Burger argues she achieved tenure, pursuant to N.J.S.A. 18A:17-2, and was entitled, "by virtue of her tenure[,] to continue ... assistant position was error because it violated her tenure rights. N.J.S.A. 18A:17-2 sets forth tenure qualifications for state secretaries, teachers, school administrators ... support, consistent, however, with legitimate demands for governmental�economy." Ibid. N.J.S.A. 18A:17-2 expresses the exceptions to the continued employment of a tenured ...

docket:	a5223-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-05
status:	unpublished
citation:
Document Size:	29253

10 DANELE STILL v. STATE-OPERATED SCHOOL DISTRICT OF THE CITY OF CAMDEN, CAMDEN COUNTY -- rank: 467

... and then to a certified position. The court recognized that N.J.S.A. 18A:17-2 10 A-3002-16T4 To the extent we have not ...

docket:	a3002-16
court:	NJ Superior Court Appellate Division
decided:	2018-07-05
status:	unpublished
citation:
Document Size:	38228

11 CRESSKILL BOARD OF EDUCATION v. CRESSKILL EDUCATION ASSOCIATION -- rank: 243

... Employee Relations Act, 99 N.J. 112, 119 (1985), interpreted N.J.S.A. 18A:17-2 as allowing the Board to deny tenure to custodians. Therefore ...

docket:	a5284-01
court:	njappellate
decided:	2003-07-03
status:	published
citation:	362 N.J. Super. 7
Document Size:	14344