243 A.3d 1249
N.J.2021Background
- Jersey City School District and Jersey City Education Association CNA authorized two "releasees" (the Association president and a designee) to devote full time to union business while receiving full District salary and benefits.
- Releasees (Ronald Greco and Tina Thorp) spent most time mediating grievances, facilitating labor-management communications, and responding to administration requests; they reported work location and outcomes to District officials.
- Two taxpayers (Rozenblit and Rim) sued claiming the District’s payment violated the New Jersey Constitution’s Gift Clause; plaintiffs sought declaratory relief.
- Trial court granted summary judgment for the District, concluding the release time fit within the board’s statutory authority (N.J.S.A. 18A:30-7) and did not violate the Gift Clause.
- Appellate Division reversed on statutory grounds, holding the board lacked authority to pay full salaries to employees devoted exclusively to another organization; it did not decide the constitutional claim.
- Supreme Court granted certification, reversed the Appellate Division, holding (1) N.J.S.A. 18A:30-7 (read with Education Code and EERA) authorizes paid release time, and (2) the release time serves a public purpose and does not breach the Gift Clause.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Board had statutory authority to pay full salary/benefits to teachers assigned as full-time releasees | N.J.S.A. 18A:30-7 does not authorize paying salaries when employees are not performing teacher duties; release time is not covered and thus ultra vires | N.J.S.A. 18A:30-7 (payment for "absence not constituting sick leave") read with N.J.S.A. 18A:27-4, 18A:11-1(c), and EERA authorizes boards to grant paid leaves including release time | Court: Board authority exists; statute’s plain language and related Education Code/EERA support paid release time as a discretionary leave of absence |
| Whether paying releasees’ salaries violates the New Jersey Gift Clause | Payment is an unconstitutional gift because funds benefit a private association and District lacks sufficient control/consideration | Release time furthers public purposes (labor peace, dispute prevention/resolution); it was negotiated as part of CNA, includes Board oversight, and the public purpose predominates | Court: No Gift Clause violation—release time serves public purpose and the means (contractual, negotiated, oversight) are consonant with that purpose |
Key Cases Cited
- Roe v. Kervick, 42 N.J. 191 (N.J. 1964) (sets two-part Gift Clause test: public purpose and means consonant with that purpose)
- Gourmet Dining, LLC v. Union Township, 243 N.J. 1 (N.J. 2020) (applies and clarifies Roe framework for Gift Clause review)
- Fair Lawn Educ. Ass’n v. Fair Lawn Bd. of Educ., 79 N.J. 574 (N.J. 1979) (local boards may exercise only legislatively granted powers)
- Headen v. Jersey City Bd. of Educ., 212 N.J. 437 (N.J. 2012) (leave time is a term/condition of employment within scope of negotiations absent statutory preemption)
- In re Local 195, IFPTE, 88 N.J. 393 (N.J. 1982) (scope-of-negotiations framework referenced for bargaining coverage)
- Dunellen Bd. of Educ. v. Dunellen Educ. Ass’n, 64 N.J. 17 (N.J. 1973) (EERA and Title 18A construed together regarding collective bargaining rights)