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1 N.J.A.R. 427

Kinnelon, Board of Education of the Borough of; Ferraiolo, John D. v
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Citation: 1 N.J.A.R. 427
Decision Date: 1980
Agency: DEPARTMENT OF EDUCATION
Synopsis: Ferraiolo, a tenured teacher, asserts that the Board of Education improperly remunerated him for the 1979-80 school year after withholding an increment from him. The teacher conceded the Board's authority to withhold both an annual employment increment and an adjustment increment resulting from a change in salary guide but argued that the Board meant to withhold only the employment increment. The administrative law judge found that the language used in the Board's resolution to withhold the increment was not completely clear. The word 'increment' was never used in the plural and although the judge found that a high degree of certainty supported the Board's intent to withhold the employment increment, there was no such certainty to support a conclusion that the Board intended to withhold the increment reflecting the adjustment to the revised salary guide. Noting that he was precluded from 'guessing' the intention of the Board and that the double withholding could have easily been specifically provided for, the administrative law judge ordered that the teacher be awarded' the adjustment increment resulting from the revised salary guide. Saul R. Alexander, Esq., for the Petitioner Thomas R. Curtin, Esq., for the Respondent