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3 N.J.A.R. 206

Willingboro, School District of the Township of & Willingboro Board of Education v. Gilbert, Ernest E
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Citation: 3 N.J.A.R. 206
Decision Date: 1981
Synopsis: Ernest E. Gilbert was suspended from his position as a tenured teacher pending a determination of the tenure charges brought against him. In compliance with N.J.S.A. 18A:6-14, his salary payments were resumed on September 2, 1980, after the expiration of 120 days from the date of the certification of charges. Between October 1980, and February 1981, Gilbert worked from three to seven days a week from 4:00 p.m. to 11:30 p.m. The Board argued that Gilbert's salary from this position should be set off against his teacher's salary since he had accepted 'substitute employ- ment' pursuant to N.J.S.A. 18A:6-24. The administrative law judge determined that had Gilbert initiated this employment prior to his suspension, the Board would not be entitled to any set off but since this employment began after the suspension, the judge would have to determine whether it did indeed constitute 'substitute employment.' The judge rejected the argument that substitute employment was limited to positions which have simi- lar job responsibilities and determined that the number of hours a week involved in Gilbert's job took the position out of the realm of part-time employment and was clearly substitute employment sought by Gilbert because of his suspension. Accordingly, the administrative law judge ordered that the Board of Education was entitled to set off any salary earned by Gilbert in his substitute employment against his teacher's salary. Louis B. Youmann, Esq. for Petitioner (Warren, Goldberg & Bet- man, Attorneys) Arnold M. Melix, Esq., for Respondent (Katzenbach, Gilda & Rudner, Attorneys) State of New Jersey 207