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1 N.J.A.R. 162

Newark, Board of Education of the City of; Meisenbacher, Raymond v
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Citation: 1 N.J.A.R. 162
Decision Date: 1980
Agency: DEPARTMENT OF EDUCATION
Synopsis: Raymond Meisenbacher sought payment for legal fees incurred for his representation of a teacher in a civil action. Meisenbacher sought payment based on N.J.S.A. 18A:16-6 (which provides for the indemnification of a board of education employee for expenses incurred in civil actions) or alternatively on a theory of quantum meruit. The administrative law judge found that Meisenbacher lacked standing under N.J.S.A. 18A: 16-6 for payment of legal fees since the statute provides solely for the repayment of fees to officers and employees who have incurred expenses in defending a civil action. The judge found that the statute in no way envisions direct payment of counsel fees to an attorney. As to the alternative theory of quantum meruit, the judge observed that it was axiomatic that the Commissioner of Education has no statutory or other authority for granting counsel fees, either as damages or as a fee for litigating a claim. Thus the judge determined he lacked jurisdiction to award money based on a claim of quantum meruit. Accordingly, the petition was dismissed. Raymond Meisenbacher, Esq., Pro Se Louis E. Rosentl, Esq., for Respondent