A panel of judges of the New Jersey Superior Court, Appellate Division issued a ruling today on the challenge filed on behalf of NJASA and three individual members seeking to overturn the regulations establishing mandatory caps on the salaries of school superintendents. Two cases emanating from Morris and Passaic counties were consolidated by the court for the ruling following oral arguments which were heard on September 20, 2012.
The Court’s decision affirmed the authority of the NJ Commissioner of Education to establish salary caps, as well as the authority of former Commissioner Rochelle Hendricks to suspend the review of employment contracts in 2010. The Court also held that contracts which are renewed by law when school boards do not provide notice of nonrenewal are renewed only for a new term of the same duration. The Court determined that the salary caps do not conflict with the authority of a local school board to fix the superintendent’s salary by establishing a maximum salary based on student enrollment in a district.
The NJASA leadership does not agree with the ruling and is disappointed with the Court’s findings. The NJASA legal team is carefully analyzing the decision to evaluate what actions might be taken and whether an appeal should be filed.