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23. a. In the event that the matter before the arbitrator pursuant to section 22 of this act is employee inefficiency pursuant to section 25 of this act, in rendering a decision the arbitrator shall only consider whether or not:
(1) the employee's evaluation failed to adhere substantially to the evaluation process, including, but not limited to providing a corrective action plan;
(2) there is a mistake of fact in the evaluation;
(3) the charges would not have been brought but for considerations of political affiliation, nepotism, union activity, discrimination as prohibited by State or federal law, or other conduct prohibited by State or federal law; or
(4) the district's actions were arbitrary and capricious.
b. In the event that the employee is able to demonstrate that any of the provisions of paragraphs (1) through (4) of subsection a. of this section are applicable, the arbitrator shall then determine if that fact materially affected the outcome of the evaluation. If the arbitrator determines that it did not materially affect the outcome of the evaluation, the arbitrator shall render a decision in favor of the board and the employee shall be dismissed.
c. The evaluator's determination as to the quality of an employee's classroom performance shall not be subject to an arbitrator's review.
d. The board of education shall have the ultimate burden of demonstrating to the arbitrator that the statutory criteria for tenure charges have been met.
e. The hearing shall be held before the arbitrator within 45 days of the assignment of the arbitrator to the case. The arbitrator shall render a written decision within 45 days of the start of the hearing.
L.2012, c.26, s.23.
Jun 29, 2023
Active
Essex County
Essex County, NJ
MER L 000825-15 06/11/2015 Pg 1 of3 Trans ID: LCV2017360178 SAL ) STEVENS & LEE 100 Lenox Drive, Suite 200 Lawrenceville, NJ 08648 …
Apr 14, 2015
Closed
Mercer County, NJ
Jun 11, 2015
Paul Innes
ESX-L-003700-22 04/25/2023 11:15:20 AM Pg 1 of 2 Trans ID: LCV20231359521 Daniel T. DiCicco (ID # 069742013) RONAN, TUZZIO & GIANNONE, P.C. One Hovchild Plaza 4000 Route 66, Suite 231 Tinton Falls, New Jersey 07753 (732) 922-3300 Attorneys for Defendants/Third-Party Plaintiffs, ORANGE, NEWARK, ELIZABETH BUS, INC. i/p/a “O.N.E. Bus, Inc.” and COACH USA, INC. i/p/a “Coach USA” File No. 101.14475 MKT CONCETTA BARBATO, SUPERIOR COURT OF NEW JERSEY …
Jun 23, 2022
Active
OCN L 003482-17 01/29/2018 Pg 1 of 7 Trans ID: LCV2018173418 Steven Secare, Esq., Attorney I.D. No.: 279471972 JAN 7 ay i" SECARE & HENSEL 16 Madison Avenue Toms River, New Jersey 08753 (732) 349-2800 Attorneys for Defendants Township of Lakewood and Township Committee of the Township of Lakewood NEW JERSEY SHORE BUILDERS SUPERIOR COURT OF NEW JERSEY ASSOCIATION, A Non-Profit New Jersey LAW DIVISION…
MID-L-005421-23 09/26/2023 3:36:34 PM Pglof7 Trans ID: LCV20232949949 Tan 2. Winograd - 041302016 PRESSLER, FELT & WARSHAW, LLP Debit Acct # 140275 Attorneys At Law Using reference # 231834767 7 Entin Rd. Parsippany, NJ …
MON-L-002067-23 07/03/2023 11:27:23 AM Pglof7 Trans ID: LCV20231995286 Patrick Wong - 235902019 PRESSLER, FELT & WARSHAW, LLP Debit Acct # 140275 Attorneys At Law Using reference # 231291346 7 Entin Rd. Parsippany, NJ …
Monmouth County, NJ
Jul 03, 2023
David A Nitti
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