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2 N.J.A.R. 116

Schell, William E. v. Hazlet, Monmouth County, Board of Education of the Township of
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Citation: 2 N.J.A.R. 116
Decision Date: 1979
Agency: DEPARTMENT OF EDUCATION
Synopsis: Schell, an assistant principal, alleged that the Board of Education established his starting salary contrary to the provisions of the Board's supervisors' and administrators' salary plan, thereby creating a lower salary base than that to which he was entitled. That salary plan called for a total 20 percent increase to a teacher's present salary when promoted to a supervisory position. The administrative law judge found that the Board interpreted the word 'present' in its literal sense (not only for Schell but for six other employees) to mean the teaching salary they were making on the date of promotion. The judge found nothing in the record to conclude that 'present salary' meant the teaching salary the individual would have been making in his first year as an administrator. In addition, the administrative law judge did not view the Board's different interpretation of the policy in the following year as discriminatory against Schell; N.J.S.A. 18A:29-4.1 does not prohibit a different interpretation of the same policy so long as salaries of future employees are not less than what would have been originally required. Peter P. Frunzi, Jr., Esq., for the Petitioner Robert H. Otten, Esq., for the Respondent (Croweli and Otten, Attorneys)
Rule(s) Cited: 6:11-10.4(c) 6:24-1.17