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Tuesday, January 28, 2014

JUDITH A. DINAPOLI VS. BOARD OF EDUCATION OF THE TOWNSHIP OF VERONA, ESSEX COUNTY A-5649-11T2

JUDITH A. DINAPOLI VS. BOARD OF EDUCATION OF THE
TOWNSHIP OF VERONA, ESSEX COUNTY
 A-5649-11T2

Respondent Board of Education of the Township of
Verona sought review of the final decision of the
Commissioner of Education finding Petitioner retained her
secretarial tenure rights and could “bump back” to her
secretarial position after she had voluntarily transferred
to a non-secretarial position. The parties stipulated the
issue as whether Petitioner was entitled to bumping rights
to a secretarial or clerical position following the
elimination of her then non-secretarial position.
Respondent argued that a secretary forfeits her tenure upon
promotion to a non-secretarial position, as there is no
legislative authority which permits the retention of
secretarial tenure rights. Petitioner urged the court to
find that the tenure rights she acquired through her
employment as a secretary prior to promotion were not
relinquished and remain a continuing entitlement. The
court reversed. The court explained that the express terms
of N.J.S.A. 18A:17-2 do not support the Commissioner’s
conclusion that secretarial staff maintain tenure upon
transfer to non-secretarial positions, thus Petitioner
relinquished her secretarial and tenure rights when she
voluntarily assumed the non-secretarial position.
01/22/14