Atlantic City Education Association, on behalf of itself and on behalf of Erica Shepherd AND Erica Shepherd, Individually, v. Board of Education of the City of Atlantic City, Atlantic County, 9/19/2022, (#235-22)

OAL Dkt. No. EDU 13974-15
Agency Dkt. No. 210-8/15
New Jersey Commissioner of Education
Final Decision
Atlantic City Education Association and
Erica Shepherd,
Petitioners,
v.
Board of Education of the City of
Atlantic City, Atlantic County,
Respondent.
The record of this matter and the Initial Decision of the Office of Administrative Law (OAL) have
been reviewed. The parties did not file exceptions.
Upon review, the Commissioner agrees with the Administrative Law Judge’s determination that
the petition should be dismissed. Accordingly, the Initial Decision of the OAL is adopted as the final
decision in this matter for the reasons expressed therein, and the petition is hereby dismissed.
IT IS SO ORDERED.1
ACTING COMMISSIONER OF EDUCATION
Date of Decision:
Date of Mailing:
1 This decision may be appealed to the Appellate Division of the Superior Court pursuant to N.J.S.A. 18A:6-9.1.
Under N.J.Ct.R. 2:4-1(b), a notice of appeal must be filed with the Appellate Division within 45 days from the date
of mailing of this decision.
235-22
September 19, 2022
September 19, 2022

New Jersey Is An Equal Opportunity Employer
INITIAL DECISION
DISMISSAL
OAL DKT. NO. EDU 13974-15
AGENCY DKT. NO. 210-8/15
ATLANTIC CITY EDUCATION
ASSOCIATION, ON BEHALF OF ITSELF,
AND ON BEHALF OF ERICA SHEPHERD,
AND ERICA SHEPHERD, INDIVIDUALLY,
Petitioners,
v.
BOARD OF EDUCATION OF THE CITY OF
ATLANTIC CITY, ATLANTIC COUNTY,
Respondent.
__________________________________
Jason E. Sokolowski, Esq., for petitioners (Zazzali, Fagella, Nowak, Kleinbaum
& Friedman, attorneys)
Tracy L. Riley, Esq., for respondent (Law Offices of Riley and Riley, attorneys)
Record Closed: August 1, 2022 	Decided: August 11, 2022
BEFORE KATHLEEN M. CALEMMO, ALJ:

OAL DKT. NO. EDU 13974-15
2
STATEMENT OF THE CASE
Petitioners, the Atlantic City Education Association and Erica Shepherd, allege
respondent, the Atlantic City Board of Education (BOE), violated Ms. Shepherd’s tenure
rights under N.J.S.A. 18A:17-2 by terminating her employment pursuant to a reduction in
force which occurred on June 30, 2015. At issue is whether Ms. Shepherd’s tenure rights
were violated.
PROCEDURAL HISTORY
This matter arose with the filing of a petition of appeal with the Commissioner of
Education (the Commissioner) on August 5, 2015. 	The BOE filed its answer on
September 4, 2015. The matter was transmitted to the Office of Administrative Law (OAL)
as a contested case on September 9, 2015.
On December 23, 2019, Administrative Law Judge John S. Kennedy issued a
Letter Order denying respondent’s Motion for Summary Decision. After Judge Kennedy’s
appointment to the Judiciary of the Superior Court, the matter was assigned to me on or
about July 29, 2021.
After conducting telephone conferences with the attorneys, I scheduled the matter
for a hearing, via Zoom platform, on August 1, 2022. Ms. Shepherd failed to appear.
FACTUAL FINDINGS
I FIND the following as FACTS:
This matter was scheduled for a Zoom hearing on August 1, 2022, at 9:30 a.m.
Petitioner was notified of the hearing by her attorney, Mr. Sokolowski, by regular mail,
dated July 22, 2022. In his correspondence, Mr. Sokolowski advised Ms. Shepherd that
her appeal would be dismissed if she failed to participate in the hearing.

OAL DKT. NO. EDU 13974-15
3
At a telephone conference on November 5, 2021, Mr. Sokolowski advised me that
he had not had any contact from Ms. Shepherd despite his efforts. 	I allowed Mr.
Sokolowski the opportunity to continue his attempts to contact Ms. Shepherd.
On May 31, 2022, Mr. Sokolowski sent a letter by regular mail to Ms. Shepherd
and copied the Atlantic City Education Association asking Ms. Shepherd to advise
whether she intended to pursue her appeal or withdraw it. She failed to respond.
On July 13, 2022, Mr. Sokolowski re-sent his May 31, 2022, correspondence to
Ms. Shepherd but received no response. 	By correspondence, dated July 22, 2022, Mr.
Sokolowski advised Ms. Shepherd of the August 1, 2022, Zoom hearing. 	He also
informed her that she risked the dismissal of her appeal if she failed to appear.
None of the regular mailings to Ms. Shepherd were returned as undeliverable by
the United States Post Office. 	This appeal has been pending for approximately seven
years and Mr. Sokolowski has not had any contact from Ms. Shepherd in over two years
despite diligent efforts.
Ms. Shepherd has abandoned her appeal by failing to participate.
LEGAL DISCUSSION AND CONCLUSIONS OF LAW
Pursuant to N.J.A.C. 1:1-14.4(a),
If, after appropriate notice, neither a party nor a representative
appears at any proceeding scheduled by the Clerk or judge,
the judge shall hold the matter for one day before taking any
action. 	If the judge does not receive an explanation for the
nonappearance within one day, the judge shall, . . . direct the
Clerk to return the matter to the transmitting agency for
appropriate disposition pursuant to N.J.A.C. 1:1-3.3(b) and
(c).
This matter was scheduled for a hearing via Zoom on August 1, 2022, at 9:30 a.m.
Petitioner was given notice of the hearing date and time by her attorney. 	Petitioner did
not appear for the Zoom hearing.

OAL DKT. NO. EDU 13974-15
4
Accordingly, 	I 	CONCLUDE 	that 	despite 	receiving 	appropriate 	notice, 	Ms.
Shepherd failed to appear at the hearing scheduled for August 1, 2022. 	Therefore, the
matter should be dismissed as petitioner has abandoned her appeal.
ORDER
It is ORDERED that the Clerk return this matter to the Commissioner of the
Department of Education for appropriate disposition pursuant to N.J.A.C. 1:1-3.3(b) and
(c).
I 	hereby 	FILE 	this 	initial 	decision 	with 	the 	COMMISSIONER 	OF 	THE
DEPARTMENT OF EDUCATION for consideration.
This 	recommended 	decision 	may 	be 	adopted, 	modified 	or 	rejected 	by 	the
COMMISSIONER OF THE DEPARTMENT OF EDUCATION, who by law is authorized
to make a final decision in this matter. 	If the Commissioner of the Department of
Education does not adopt, modify or reject this decision within forty-five days and unless
such time limit is otherwise extended, this recommended decision shall become a final
decision in accordance with N.J.S.A. 52:14B-10.

OAL DKT. NO. EDU 13974-15
5
Within thirteen days from the date on which this recommended decision was
mailed to the parties, any party may file written exceptions with the COMMISSIONER OF
THE DEPARTMENT OF EDUCATION, ATTN: 	BUREAU OF CONTROVERSIES AND
DISPUTES, 100 Riverview Plaza, 4th Floor, PO Box 500, Trenton, New Jersey 08625-
0500, marked “Attention: 	Exceptions.” 	A copy of any exceptions must be sent to the
judge and to the other parties.
August 11, 2022
DATE 	KATHLEEN M. CALEMMO, ALJ
Date Received at Agency:
Date Mailed to Parties:
KMC/jns