ALI FETI VS. BOARD OF EDUCATION OF THE BOROUGH OF NETCONG, MORRIS COUNTY(NEW JERSEY COMMISSIONER OF EDUCATION), A-2584-15T2

Background

Petitioner Ali Feti was a long‑time full‑time custodian for Netcong Board of Education whose successive employment contracts ran July 1–June 30; the last produced contract expired June 30, 2012.
The Board voted June 26, 2012 to appoint Feti as Full‑Time Custodian effective July 1, 2012 and set an annual salary, but no written 2012–2013 contract was produced at hearing.
Board Policy 4360 and the collective bargaining agreement required fixed‑term contracts for custodians and stated custodians shall not receive tenure; the CBA preserved negotiability of custodial tenure terms.
The ALJ found the business office was disorganized and lost the 2012–2013 contract; relying on prior contracts, Policy 4360, the CBA, and testimony, the ALJ concluded Feti was appointed for a fixed one‑year term.
The Commissioner adopted the ALJ’s factual findings and credibility determinations, held Feti did not acquire tenure under N.J.S.A. 18A:17‑3, and awarded $1,000 for a vacation pay miscalculation but did not explain a discrepancy from the ALJ’s recommendation.
The Appellate Division affirmed the tenure ruling and the ALJ’s findings on post‑2012 pay/vacation support, but remanded limitedly for explanation of the monetary discrepancy between ALJ and Commissioner.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Feti acquired tenure under N.J.S.A. 18A:17‑3	Feti: absence of a signed written 2012–2013 contract means no fixed‑term appointment, so he gained tenure immediately	Board: Policy 4360, CBA, prior fixed‑term practice, and board appointment show a fixed‑term appointment	Court: No tenure — substantial evidence supports fixed‑term appointment and Board practice/policy/CBA justified decision
Whether a written, signed contract is required to prove a fixed term	Feti: nonproduction of the written contract proves no fixed term	Board: statute and Wright do not require a formal signed writing; other evidence suffices	Court: No formal written contract required; documentary and testimonial evidence sufficed to show fixed term
Burden of proof / due process claim	Feti: Commissioner shifted burden to him	Board: decision properly relied on Board policy/CBA and ALJ findings	Court: Argument lacks merit given evidence; due process claim previously denied and not pursued on appeal
Correctness and amount of monetary relief for salary/vacation pay	Feti: ALJ’s calculation should be enforced	Board/Commissioner: Commissioner awarded $1,000 for vacation miscalculation but did not adopt ALJ’s salary adjustment recommendation	Court: ALJ’s factual findings on pay are supported; remand required because Commissioner failed to explain discrepancy between ALJ’s recommended $1,000 salary adjustment (and pro rata vacation at higher rate) and Commissioner’s narrower $1,000 vacation award

Key Cases Cited

Wright v. Board of Education of the City of East Orange, 99 N.J. 112 (1985) (interpreting N.J.S.A. 18A:17‑3 and enforcing negotiability of custodial tenure under CBA)
City of Newark v. Nat. Res. Council, Dep’t of Envtl. Prot., 82 N.J. 530 (1980) (courts defer to agency reasonableness in delegated matters)
U.S. Bank, N.A. v. Hough, 210 N.J. 187 (2012) (courts not bound by agency statutory interpretation but accord deference to reasonable exercises of delegated authority)
In re Musick, 143 N.J. 206 (1996) (agency determinations disturbed only if arbitrary, capricious, unreasonable, unsupported by evidence, or contrary to policy)
DiProspero v. Penn, 183 N.J. 477 (2005) (statutory language is best indicator of legislative intent)
Lavezzi v. State, 219 N.J. 163 (2014) (courts defer to agency findings of fact)
Leang v. Jersey City Bd. of Educ., 198 N.J. 557 (2009) (procedural due process remedies and available administrative processes)