CHRISTOPHER TRIGANI, CHARLOTTE DILL-OPPITO AND GILLIAN IMPEY V. BOARD OF EDUCATION OF THE BOROUGH OF MONMOUTH BEACH, AND BOARD OF EDUCATION OF THE MONMOUTH-OCEAN EDUCATIONAL SERVICES COMMISSION, MONMOUTH COUNTY, 12/02/02 (#415-02)

415-02
CHRISTOPHER TRIGANI, 	:
CHARLOTTE DILL-OPPITO AND
GILLIAN IMPEY, 	:
PETITIONERS, 	:
V. 	: 	COMMISSIONER OF EDUCATION
BOARD OF EDUCATION OF THE 	: 	DECISION
BOROUGH OF MONMOUTH BEACH,
AND BOARD OF EDUCATION OF THE 	:
MONMOUTH-OCEAN EDUCATIONAL
SERVICES COMMISSION, MONMOUTH 	:
COUNTY,
:
RESPONDENTS.
:
SYNOPSIS
In consolidated cases, petitioners, three former part-time Child Study Team (CST) members,
alleged the Board terminated their employment in contravention of N.J.A.C. 6A:14-3.1 and
subcontracted their positions to Monmouth-Ocean Educational Services Commission (MOESC).
Petitioners sought retroactive reemployment with compensation or employment with MOESC.
Citing Anders, the ALJ found that the Board acted in good faith to eliminate its CST(s) for
reasons of economy and to join with MOESC to provide basic CST services. 	The ALJ
determined that petitioners were not unlawfully terminated from their positions and that MOESC
was under no legal compulsion to hire petitioners as a result of their termination from
employment with the Board. The ALJ ordered the relief sought by petitioners denied.
The Commissioner adopted the Initial Decision as his own. 	The consolidated petitions were
dismissed.
This synopsis is not part of the Commissionerís decision. It has been prepared for the convenience of the
reader. It has been neither reviewed nor approved by the Commissioner.
December 2, 2002

15
OAL DKT. NOS. EDU. 8644-00 and 8645-00
AGENCY DKT. NOS. 386-10/00 and 387-10/00
CHRISTOPHER TRIGANI, 	:
CHARLOTTE DILL-OPPITO AND
GILLIAN IMPEY, 	:
PETITIONERS, 	:
V. 	: 	COMMISSIONER OF EDUCATION
BOARD OF EDUCATION OF THE 	: 	DECISION
BOROUGH OF MONMOUTH BEACH,
AND BOARD OF EDUCATION OF THE 	:
MONMOUTH-OCEAN EDUCATIONAL
SERVICES COMMISSION, MONMOUTH 	:
COUNTY,
:
RESPONDENTS.
:
The record of this matter and the Initial Decision of the Office of Administrative
Law (OAL) have been reviewed. 	Petitionersí exceptions and replies thereto of the Monmouth
Beach 	Board 	of 	Education 	and 	the 	Monmouth-Ocean 	Educational 	Services 	Commission
(MOESC) were filed in accordance with the requirements of N.J.A.C. 1:1-18.4 and fully
considered by the Commissioner in making his determination herein.
Petitionersí exceptions essentially recast and reiterate their arguments advanced
below, referring to the attached copy of their Brief in Support of Summary Decision submitted to
the Administrative Law Judge (ALJ) for elaboration on each of their renewed contentions.
Upon 	careful 	and 	independent 	review 	of 	the 	record 	in 	this 	matter, 	the
Commissioner finds that, as a matter of law, respondents must be granted summary decision. As
aptly concluded by ALJ:

16
[t]he accumulated case law, culminating in Anders, which is on
point with the circumstances of both the instant consolidated cases,
leads only to the conclusion (a) that petitioners have not been
unlawfully terminated from their positions, and (b) that MOESC is
under no legal compulsions to hire petitioners as a result of their
termination 	from 	employment 	with 	the 	Board 	of 	Education,
Borough of Monmouth Beach. (Initial Decision at 13)
Accordingly, 	the 	Initial 	Decision 	of 	the 	OAL 	is 	adopted 	and 	the 	instant
consolidated Petitions of Appeal are hereby dismissed.
IT IS SO ORDERED. *
COMMISSIONER OF EDUCATION
Date of Decision: 	December 2, 2002
Date of Mailing: 	December 3, 2002
* This decision, as the Commissionerís final determination may be appealed to the State Board of Education
pursuant to N.J.S.A. 18A:6-27 et seq. and N.J.A.C. 6A:4-1.1 et seq. Commissioner decisions are deemed filed three
days after the date of mailing to the parties.