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5 N.J.A.R. 133

Paterson, Mayor, Municipal Council, and Board of School Estimate of the City of; Paterson, Board of Education of the City of v
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Citation: 5 N.J.A.R. 133
Decision Date: 1982
Agency: DEPARTMENT OF EDUCATION
Synopsis: The Board of Education of the City of Paterson contended that the respondent improperly withheld $1,582,724 from the school dis- trict's 1980-81 budget. The administrative law judge assigned to the case found that while there was no material fact in dispute, the respondent had intentionally manipulated the 1980-81 school budget by increasing the anticipated miscellaneous revenues, for the sole purpose of creating a com- mensurate decrease in the amount to be raised by taxation. This manipulation was accepted by petitioner only because it was assured that all of the funds in the budget would be paid. The judge determined that the governing body of the municipality was responsible for payment to the Board of Education of the full amount of the budget appropriation for local school purposes each year. By withholding this amount, the governing body of the City of Paterson had placed the Board's task of assuring a thorough and efficient education in jeopardy. Accordingly, the respondents were ordered to remit the funds in dispute. APPEARANCES: Herman W. Steinberg, Esq., for petitioner. Irwin H. Tesslet, Assistant Corporation Counsel for respondent, Mayor of the City of Paterson. Richard M. Freid, Esq., for respondent, Municipal Council of the City of Paterson.