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Thursday, June 21, 2012

N.J. Association of School Administrators v. Bret Schundler (066789; A-98-10)


N.J. Association of School Administrators v. Bret
Schundler (066789; A-98-10)

    N.J.A.C. 6A:23A-3.1(e)(3) - (6) are valid, and
N.J.S.A. 18A:30-3.6 did not supersede N.J.S.A. 18A:30-
3.5.  The Legislature had the authority to modify
terms and conditions for future contracts for public
employment in a manner that did not raise
constitutional concerns; the laws that protect tenure
rights did not prevent the Legislature’s later
actions; the Legislature properly exercised its power
when it directed the Commissioner to issue the
regulations; and the regulations were consistent with
their respective enabling statutes, advanced the
Legislature’s goals, and protected benefits that
employees had already accumulated.  The statute
capping sick leave payments has not been superseded
and covers high-level employees, including
superintendents and assistant superintendents; the
more recent enactment expands the sick leave cap to
cover all newly hired school employees. 5-3-12