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5 N.J.A.R. 393

Ross, Michael v. Jersey City, Hudson C3unty, Board of Education of the City of
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Citation: 5 N.J.A.R. 393
Decision Date: 1981
Agency: DEPARTMENT OF EDUCATION
Synopsis: A superintendent of schools alleged that the local Board of Educa- tion improperly appointed two assistant superintendents of schools in violation of N.J.S.A 18A:17-16 in that the superintendent had not nominated the individuals appointed. The Board argued that the language of the statute calling for nomi- nations by the superintendent was permissive and not mandatory. The administrative law judge determined that the statute was man- datory and that boards of education may appoint assistant super- intendents only after nomination by the superintendent. The judge relied on the unambiguous language of the statute and the argument that a superintendent must play a key role in the appointment of his deputies. Arthur N. D'Italia, Esq., for petitioner William Massa, Esq., for respondent