DELIA HUNTER V. BOARD OF EDUCATION OF THE TOWN OF PHILLIPSBURG, WARREN COUNTY, 1/28/09, (#50-09)

#50-09 (OAL Decision: Not available online)
OAL DKT. NO. EDU 7530-08
AGENCY DKT. NO. 129-5/08
DELIA HUNTER, 	:
PETITIONER, 	:
V. 	: 	COMMISSIONER OF EDUCATION
BOARD OF EDUCATION OF THE TOWN 	: 	DECISION
OF PHILLIPSBURG, WARREN COUNTY,
:
RESPONDENT.
Upon such review, the Commissioner observes that the President of the Board of
Education of the Town of Phillipsburg signed the Settlement Agreement on behalf of the Board. In that
neither the file nor the settlement agreement contains a copy of the Board’s resolution approving the
settlement and designating this individual to sign the agreement on its behalf, nor, in the alternative, is the
agreement signed by the Board attorney,
:
The 	record, 	Settlement 	Agreement, 	and 	Initial 	Decision 	issued 	by 	the
Office of Administrative Law (OAL), pursuant to N.J.A.C. 1:1-19.1, have been reviewed.
1
IT IS SO ORDERED.
who is the Board’s duly authorized representative in litigation,
the Commissioner cannot approve the within settlement agreement.
Accordingly, the Commissioner hereby remands this matter to the OAL for revision of
the Stipulation of Settlement consistent with the concerns set forth above. If the parties are unwilling or
unable to reach accord on a modified agreement for submission to the Commissioner, the matter shall
proceed to hearing.
2
1 It is noted that the Board Attorney signed the agreement only in the capacity of attestor to the Board President’s
signature.
2 This decision may be appealed to the Appellate Division of the Superior Court pursuant to P.L. 2008, c. 36
COMMISSIONER OF EDUCATION
Date of Decision: January 28, 2009
Date of Mailing: 	January 29, 2009