New Jersey Ass'n of School Administrators v. Schundler

49 A.3d 860, 211 N.J. 535, 2012 WL 1537419, 2012 N.J. LEXIS 511
CourtSupreme Court of New Jersey
DecidedMay 3, 2012
StatusPublished
Cited by70 cases

This text of 49 A.3d 860 (New Jersey Ass'n of School Administrators v. Schundler) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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New Jersey Ass'n of School Administrators v. Schundler, 49 A.3d 860, 211 N.J. 535, 2012 WL 1537419, 2012 N.J. LEXIS 511 (N.J. 2012).

Opinion

Chief Justice RABNER

delivered the opinion of the Court.

In 2007, the Legislature passed a series of reform measures designed to lower property taxes. Among other issues, the reforms attempted to address the problem of excessive benefits for high-level school administrators. The following year, the Commissioner of Education issued various regulations to implement the new laws. The regulations limited certain benefits in new contracts for high-level administrators, and also capped payments for accumulated unused sick leave at $15,000.

The Appellate Division held that the challenged regulations impermissibly reduced the compensation of tenured assistant superintendents, in violation of the tenure statute, and improperly deprived certain administrators of vested rights. The Appellate Division also concluded that the challenge to the sick leave cap was partially mooted by a newly enacted law.

We conclude that the Legislature had the authority to modify terms and conditions for future contracts for public employment in a manner that did not raise constitutional concerns. The laws that protect tenure rights did not prevent the Legislature’s later actions. In this case, the Legislature properly exercised its power when it directed the Commissioner to issue regulations for new contracts for superintendents and assistant superintendents. The regulations that followed were consistent with their respective [540]*540enabling statutes and advanced the Legislature’s goals. They also protected benefits that employees had already accumulated.

We also conclude that the statute capping sick leave payments has not been superseded and covers high-level employees, including superintendents and assistant superintendents. We read the original statute alongside a newer law on the subject, to try to give effect to both, and conclude that the more recent enactment expands the sick leave cap to cover all newly hired school employees.

Accordingly, we reverse the judgment of the Appellate Division.

I.

The statutes and regulations in question date back to executive and legislative efforts in 2006. In July of that year, the Legislature adopted a concurrent resolution that declared “[t]his State’s high property taxes are a matter of great concern to the people of New Jersey.” See Assemb. Con. Res. 3, 212th Leg. (N.J. 2006), available at http://www.njleg.state.nj.us/2006/bills/acr/3_Il.pdf. The resolution also recognized the need “to bring about property tax reform based upon a fairer distribution of tax burdens and the adoption of efficiencies.” Ibid.

The resolution created four legislative committees on school funding, government consolidation and shared services, public employee benefits, and constitutional reform. Ibid. The committees were charged with developing proposals to reduce property taxes, and on December 1, 2006, each committee issued a final report containing a series of recommendations. See Special Session on Property Tax Reform, available at http://www.njleg.state. nj.us/propertytaxsession/specialsessionplureports.asp.

Two problems identified in the committee reports are particularly relevant to this appeal. First, the Committee on Government Consolidation and Shared Services found that “inflated salaries and lucrative benefits” for superintendents, assistant superintendents, and business administrators “have cost New Jersey [541]*541taxpayers millions of dollars.” See J. Legis. Comm, on Gov’t Consolidation and Shared Servs., Final Report, 212th Leg. 55 (N.J. Dec. 1, 2006). The committee relied on a report from the New Jersey State Commission of Investigation, which documented that from 1997 to 2004 the average salary for public school administrators rose thirty-one percent — more than double the average increase for teacher salaries. Ibid, (relying on State of New Jersey Commission of Investigation, Taxpayers Beware: What You Don’t Know Can Cost You — An Inquiry Into Questionable and Hidden Compensation for Public School Administrators 2 (2006) (SCI Report)). The report also noted that school administrators received “a host of unconventional perks, including allowances for personal chauffeurs and reimbursements for moving and housing expenses.” Ibid, (relying on SCI Report, supra, at 14).

Second, the committee found that New Jersey’s county superintendents had “no real power to identify inefficiencies and eliminate waste in school administration!,]” which “ ‘produced a vacuum in which questionable or patently abusive compensation practices have been allowed to flourish.’ ” Ibid, (quoting SCI Report, supra, at 5).

To remedy those inefficiencies and provide enhanced oversight of local administrative spending, the committee proposed to replace the existing position with “super” county superintendents. Id. at 55-56. The new post — to be known as “executive county superintendent of schools” — would have the authority to “[approve or disapprove the hiring, compensation, and benefit plans of local school superintendents,” among other things. Id. at 56.

The Public Employee Benefits Reform Committee also targeted excessive compensation of school administrators. See J. Legis. Comm, on Pub. Emp. Benefits Reform, Final Report, 212th Leg. 141-43 (N.J. Dec. 1, 2006). The committee observed that although state employees could not receive more than $15,000 for accumulated unused sick leave upon retirement, there was no limit on the amount payable to local government or school board employees. Id. at 141. The committee cited the SCI Report, which “revealed [542]*542the widespread practice of allowing [school] administrators to eash-in substantial amounts of accumulated sick and vacation leave at retirement or upon departure.” Id. at 142.

The committee recommended capping the amount of sick leave payouts to local government and education employees upon retirement at $15,000. Ibid. The proposal was designed to “bring supplemental compensation for accumulated unused sick leave in line with the current law and practice for State employees, thus standardizing this benefit for public employees serving at different levels of government in the State.” Id. at 143.

The Legislature adopted both recommendations in 2007 at the same time it addressed various benefits for employees throughout state government. See L. 2007, c. 53, 63, 92 and 260. The Legislature capped payments for accumulated unused sick leave to certain school board officials, at the time of retirement, at $15,000. See N.J.S.A. 18A:30-3.5. The new statute specifically protected employees who had already accumulated a greater amount or would do so under a pending, unexpired contract. Ibid.

The Legislature also created executive county superintendents, see N.J.S.A 18A:7-1 to -16, and required them to “[r]eview and approve, according to standards adopted by the commissioner, all employment contracts for superintendents of schools, assistant superintendents of schools, and school business administrators in school districts within the county, prior to the execution of those contracts.” N.J.S.A 18A:7-8(j) (emphasis added).

To implement those reforms, the Commissioner of Education issued regulations on July 1, 2008, consistent with N.J.S.A. 18A:7-8(j) and -16.

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49 A.3d 860, 211 N.J. 535, 2012 WL 1537419, 2012 N.J. LEXIS 511, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-jersey-assn-of-school-administrators-v-schundler-nj-2012.