JAMES A. HENSEL V. BOARD OF EDUCATION OF THE TOWNSHIP OF VOORHEES, CAMDEN COUNTY, 5/18/09, (#155-09)

#155-09 (OAL Decision: Not available online)
JAMES A. HENSEL, 	:
PETITIONER, 	:
V. 	: 	COMMISSIONER OF EDUCATION
BOARD OF EDUCATION OF THE 	: 	DECISION
TOWNSHIP OF VOORHEES,
CAMDEN COUNTY, 	:
RESPONDENT. 	:
SYNOPSIS
Petitioner appealed the Board’s decision not to renew his annual contract as a maintenance mechanic,
contending that the Board failed to provide him with adequate and timely notice of his non-renewal.
The petitioner filed a motion for summary decision; subsequently, the Board filed a cross-motion for
summary decision.
The ALJ found, inter alia, that: the material facts are not in dispute, and the matter is ripe for
summary decision; N.J.S.A. 18A:27-10, and the May 15 notice of nonrenewal deadline contained
therein, does not apply to employees in nontenurable positions; petitioner received notice of
nonrenewal in a timely manner pursuant to his annual contract and the contract between the Board
and the Voorhees Township Education Association (CNA); and petitioner’s last evaluation – which
concluded with a statement from his supervisor that clearly indicated he was recommending
non-renewal of petitioner’s contract – constituted, pursuant to the CNA, notice of “any action which
may possibly result in his….future dismissal or non-renewal of contract.” 	Accordingly, the ALJ
concluded that petitioner’s appeal should be dismissed.
Upon careful and independent review of the record, the Commissioner concurred with the ALJ and
adopted the Initial Decision of the OAL as the final decision in this matter. 	The petition was
dismissed.
This synopsis is not part of the Commissioner’s decision. It has been prepared for the convenience of the reader. It
has been neither reviewed nor approved by the Commissioner.
May 18, 2009

OAL DKT. NO. EDU 6545-08
AGENCY DKT. NO. 230-8/08
JAMES A. HENSEL, 	:
PETITIONER, 	:
V. 	: 	COMMISSIONER OF EDUCATION
BOARD OF EDUCATION OF THE 	: 	DECISION
TOWNSHIP OF VOORHEES,
CAMDEN COUNTY, 	:
RESPONDENT. 	:
The record of this matter, the Initial Decision of the Office of Administrative Law
and the parties’ exceptions have been reviewed. 	For the reasons set 	forth therein, the
Commissioner adopts the Initial Decision as the final decision in this case.
IT IS SO ORDERED.*
* This decision may be appealed to the Superior Court, Appellate Division, pursuant to P.L. 2008, c. 36.
COMMISSIONER OF EDUCATION
Date of Decision: May 18, 2009
Date of Mailing: 	May 18, 2009