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3 N.J.A.R. 276

Passaic Board of Education; Moreland, Dennis v
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Citation: 3 N.J.A.R. 276
Decision Date: 1980
Agency: DEPARTMENT OF EDUCATION
Synopsis: On December 22, 1979, Dennis Moreland received a letter from the local superintendent of schools stating that his teaching services would be terminated as of February 13, 1980. Pursuant to agreement, Moreland filed a grievance on January 4, 1980 which was heard before an arbitrator on January 30, 1980. Moreland refused to accept the arbitrator's award and on March 28, 1980 filed a petition with the Commissioner of Education seeking resolution of his disagreement with his school superintendent. The administrative law judge assigned to the case determined that pursuant to N.J.A.C. 6:24-1.2 Moreland's petition was time barred since he had filed it more than 90 days after the date he bad received notice of the superintendent's proposed action. Additionally, the judge concluded that the prior arbitration award was final and thus under the doctrine of res judicata Moreland was barred from pursu- ing a subsequent administrative proceeding. The judge noted that Moreland voluntarily selected the initial fo- rum for remedying his termination of employment, that the arbitra- tion award was complete and valid and that Moreland should have pursued all claims and defenses he had before the arbitrator. The judge rejected the argument that he could set aside the arbitra- tor's award since such an application must be made to Superior Court. Accorlingly, the administrative law judge concluded that More- land's petition was barred by both the 90 day rule and the doctrine of res judicata and ordered the petition dismissed. Dennis Moreland, Petitioner, Pro Se Michael J. Michaelis, Esq., for Respondent
Rule(s) Cited: 6:24-1.2