ASS'N OF SCHOOL ADM'RS v. CERF

Docket No. A-4647-10T4, A-4997-10T1

55 A.3d 74 (2012)

428 N.J. Super. 588

NEW JERSEY ASSOCIATION OF SCHOOL ADMINISTRATORS, James F. O'Neill and Rene T. Rovtar, Plaintiffs-Appellants, v. Christopher D. CERF, in his capacity as Commissioner of Education and his successors, and Kathleen Serafino, in her capacity as Executive County Superintendent for the County of Morris, and the New Jersey State Department of Education, Defendants-Respondents. Robert H. Holster, Plaintiff-Appellant, v. Christopher D. Cerf, in his capacity as Commissioner of Education, Rochelle Hendricks, Robert Gilmartin, in his capacity as Executive County Superintendent for the County of Passaic and his successors, and the New Jersey State Department of Education, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided October 25, 2012.


Attorney(s) appearing for the Case

Maria M. Lepore , Trenton, argued the cause for appellants in A-4647-10.

Andrew Babiak argued the cause for appellant in A-4997-10.

Michael C. Walters , Deputy Attorney General, argued the cause for respondents ( Jeffrey S. Chiesa , Attorney General, attorney; Melissa H. Raksa , Assistant Attorney General, of counsel; Mr. Walters , on the briefs).

Before Judges FUENTES, GRALL and ASHRAFI.


The opinion of the court was delivered by

GRALL, J.A.D.

These separate appeals challenge actions taken by the Commissioner of Education (Commissioner) and three executive county superintendents (ECS or ECSs) in the discharge of their responsibility to review and approve employment contracts that local school districts award to superintendents. N.J.S.A. 18A:7-8(j). At issue is the Commissioner's adoption and implementation of amended regulations capping...

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