In The Matter of The Tenure Hearing of Susan Johnson, Board Of Education of The City of Trenton, Mercer County, 1/17/19, (#19-19)

19-19
In the Matter of the Tenure Hearing of 	:
Commissioner of Education
Susan Johnson, Board of Education of the 	:
Decision
City of Trenton, Mercer County. 	:
Synopsis
Petitioning 	Board 	certified 	tenure 	charges 	of 	excessive 	absenteeism, 	incapacity, 	conduct
unbecoming, abandonment, and other just cause against respondent – a tenured secretary employed
by the Board – and sought to terminate her employment with the district. Respondent was provided
notice that, pursuant to N.J.A.C. 6A:3-5.3 and 6A:3-5.4, she had 15 days from the date that the
charges were filed with the Commissioner to file a written response to the charges, and that – absent
the granting of an extension for good cause – 	failure to do so would result in the charges being
deemed admitted. No reply to the charges was received from or on behalf of the respondent.
The Commissioner concluded that the allegations – which respondent has chosen not to deny – may
be deemed admitted and warrant the termination of the respondent from her tenured position.
Accordingly, the Commissioner granted summary decision to the petitioner, and dismissed the
respondent from her tenured position in petitioner’s school district.
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.
January 17, 2019

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Agency Dkt. No. 291-12/18
In the Matter of the Tenure Hearing of 	:
Commissioner of Education
Susan Johnson, Board of Education of the 	:
Decision
City of Trenton, Mercer County. 	:
For the Petitioner, Adam S. Herman, Esq.
No appearance by or on behalf of Respondent, Susan Johnson
This matter was opened before the Commissioner of Education on December 3, 2018
through tenure charges of excessive absenteeism, incapacity, conduct unbecoming, abandonment, and
other just cause certified by Dr. Shelley Jallow, Chief Schools Officer, Secondary, of the Trenton School
District, together with supporting evidence against respondent, Susan Johnson, a tenured secretary in the
petitioner’s employ. 	The petitioner provided respondent with written notice of such certification at her
last known address – via certified mail, return receipt requested, and regular mail – on October 10, 2018.
On December 3, 2018, the Commissioner directed respondent – via both certified and
regular mail – to file an answer to the charges. This communication provided notice to respondent that,
pursuant to N.J.A.C. 6A:3-5.3 and 6A:3-5.4, an individual against whom tenure charges are certified
“shall have 15 days from the date such charges are filed with the Commissioner to file a written
response to the charges with the Commissioner,” and that failure to answer within the prescribed
period would – absent granting of an extension for good cause shown – result in the charges being
deemed admitted. No reply to the tenure charges was received from, or on behalf of, respondent.
The certified tenure charges and statement of supporting evidence filed by the
petitioner in this matter indicate that respondent has engaged in conduct that is unbecoming of a
support staff member, including excessive absenteeism, failing to follow basic District procedures
and protocols, causing disruption in the work environment, and abandonment of her position.
Respondent was out of the office for 27.5 days during the 2010-2011 school year, 16.0 days during

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the 2011-2012 school year, 60.0 days during the 2012-2013 school year, 62.0 days during the 2013-
2014 school year, 113.5 days during the 2014-2015 school year, 121.5 days during the 2015-2016
school year, 38.5 days during the 2016-2017 school year (after utilizing 59.0 accident days), and
112.5 days during the 2017-2018 school year (after utilizing 57 accident days). The respondent has
failed to report to work during the 2018-2019 school year and has not attempted to contact the
District in any way to discuss her absence. The evidence reflects that respondent’s conduct resulted
in disruption in the work environment.
Deeming the allegations to be admitted – and noting that respondent has failed to
answer the charges certified against her – the Commissioner finds that petitioner’s charges of
conduct unbecoming have been proven, and warrant the respondent’s dismissal from employment.
Accordingly, 	summary 	decision 	is 	hereby 	granted 	to 	the 	petitioner, 	and 	the
respondent is dismissed from her tenured position with the District.
IT IS SO ORDERED.1
COMMISSIONER OF EDUCATION
Date of Decision: January 17, 2019
Date of Mailing: 	January 17, 2019
1 This decision may be appealed to the Appellate Division of the Superior Court pursuant to P.L. 2008, c. 36.
(N.J.S.A. 18A:6-9.1)