ASSEMBLY, No. 427

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblymen KELLY and IMPREVEDUTO

 

 

An Act concerning the salaries of certain teaching staff members and amending N.J.S.18A:29-14.

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. N.J.S.18A:29-14 is amended to read as follows:

    18A:29-14. Any board of education may withhold, for inefficiency or other good cause, the employment increment, or the adjustment increment, or both, of any member in any year by a recorded roll call majority vote of the full membership of the board of education. It shall be the duty of the board of education, within 10 days, to give written notice of such action, together with the reasons therefor, to the member concerned. The member may appeal from such action to the commissioner under rules prescribed by him. The commissioner shall consider such appeal unless the appeal is subject to the provisions of section 5 of P.L.1989, c.269 (C.34:13A-26), in which case the dispute shall be resolved through binding arbitration and in appeals before him or her, the commissioner shall either affirm the action of the board of education or direct that the increment or increments be paid. The commissioner may designate an assistant commissioner of education to act for him in his place and with his powers on such appeals. [It shall not be mandatory upon the board of education to pay any such denied increment in any future year as an adjustment increment.] The board of education shall not be required to repay to the member the actual monies withheld from the member's salary; however, for all years thereafter, except for the specific year from which the increment is withheld, the member shall be compensated on the same salary guide and schedule as adopted by the board pursuant to N.J.S.18A:29-4.1 or section 1 of P.L.1973, c.364 (C.18A:29-4.3) as the case may be, at the step, guide and schedule applicable to the member's education and experience for that particular year without restriction, limitation or reduction as a consequence of the increment withholding.

(cf: P.L.1968, c.295, s.13)

 

    2. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill amends current law, N.J.S.A.18A:29-14, to provide that when a teaching staff member’s increment is withheld for inefficiency or other good cause, although the board of education shall not be required to repay the member the actual monies withheld, in all years following the increment withholding, the teach staff member shall be compensated on the same basis as the member would have been in the absence of the increment withholding at the step, guide, and schedule applicable to the member’s education and experience.

    The bill overrules the holding of the court in Probst v. Board of Education of Haddonfield, 127 NJ 546 (1992).

 

 

 

Provides for compensation of teachers on appropriate salary guide and schedule after withholding of an increment.