Wilbert v. De Camp
Decision Date | 16 January 1962 |
Docket Number | No. A--369,A--369 |
Citation | 72 N.J.Super. 60,178 A.2d 85 |
Parties | B. Franklin WILBERT, August Kofoet and Walter Holm, members of the Township Committee of the Township of Lacey; Township of Lacey and John C. Parker, Plaintiffs, v. Elizabeth DE CAMP, Secretary of the Central Regional Board of Education, and Charles S. Whilden, Ocean County Superintendent of Schools, Defendants. |
Court | New Jersey Superior Court — Appellate Division |
Edward W. Haines, Toms River, for plaintiffs (Haines & Schuman, Toms River, attorneys).
Alfred Abbotts, Deputy Atty. Gen., for defendant Charles S. Whilden (David D. Furman, Atty. Gen., attorney).
Before Judges GOLDMANN, FREUND and FOLEY.
The opinion of the court was delivered by
GOLDMANN, S.J.A.D.
Plaintiffs seek judgment setting aside the reapportionment of the membership of the Board of Education of the Central Regional School District in Ocean County made by defendant Charles S. Whilden, Ocean County Superintendent of Schools, pursuant to the provisions of N.J.S.A. 18:8--5; directing him to apportion the membership to provide for a representation of two members for Lacey Township; and ordering defendant Elizabeth DeCamp, secretary of the board of education, to accept for filing the nominating petition of plaintiff John C. Parker and to place his name upon the ballot to be used in the school board election to be held February 6, 1962.
Plaintiffs, who are the members of the Lacey Township Committee, Lacey Township itself, and Parker, instituted this action in the Law Division by a verified complaint in lieu of the prerogative writ of Mandamus. An order issued calling upon defendants to appear before the Law Division on January 12, 1962 and show cause why judgment should not be entered granting the relief sought by plaintiffs, and further, restraining them from taking any action with respect to the printing of ballots for the school board election pending final determination of the matter. Defendants moved to dissolve the temporary restraint and dismiss the complaint because plaintiffs had failed to exhaust their administrative remedies, as required by R.S. 18:3--14 and 15, N.J.S.A. and R.R. 4:88--14. Upon the return day of the order to show cause it was suggested that the Law Division might not be vested with jurisdiction since the matter involved the review of action by a state administrative agency under R.R. 4:88--8. The Law Division judge thereupon, on his own motion, transferred the case to the Appellate Division.
Both sides agree that this matter properly belongs in the Appellate Division. A state agency is involved, since all county superintendents of schools are appointed by the State Commissioner of Education with the advice and consent of the State Board of Education, N.J.S.A. 18:4--1, and are directed and supervised by him, N.J.S.A. 18:3--19. A county superintendent of schools exercises general supervision over the public schools of the county in his charge, in accordance with rules and regulations prescribed from time to time by the State Board of Education, N.J.S.A. 18:4--7. He is required to render an annual report to the State Commissioner of Education on such matters relating to the schools under his direction as the Commissioner shall require, R.S. 18:4--8, N.J.S.A.
In September 1954 the school districts of Berkeley and Lacey Townships, and the Boroughs of Island Heights, Seaside Park, Seaside Heights and Ocean Gate, formed a regional school district known as the Central Regional School District under the provisions of R.S. 18:8--1 et seq., as amended, N.J.S.A. N.J.S.A. 18:8--4 provides that when such a regional school district is created the county superintendent of schools shall select from among the citizens of the school districts comprising the regional district nine members to constitute the regional board of education. The regional board of education, as originally constituted, was comprised of two members each from Berkeley and Lacey Townships and Seaside Park Borough, and one member from each of the remaining school districts of the Boroughs of Seaside Heights, Island Heights and Ocean Gate. This apportionment continued until the results of the 1960 federal census were promulgated and became effective in New Jersey on May 6, 1961. N.J.S.A. 52:4--2. It then became necessary for defendant County Superintendent of Schools Whilden to recompute and reapportion the membership of the regional board of education in accordance with N.J.S.A. 18:8--5, which provides:
On December 26, 1961 defendant county superintendent of schools announced the reapportionment required under N.J.S.A. 18:8--5. The 1960 federal census figures for the member districts of the Central Regional School District, the original apportionment, and the December 26, 1961 apportionment, follow:
Plaintiff John C. Parker has been a member of the regional board of education, serving as one of the Lacey Township representatives. His present term of office expires on the first Monday following the forthcoming school board election. N.J.S.A. 18:8--8. Desirous of reelection to the board, he presented his nomination petition to defendant Elizabeth DeCamp, school board secretary, seeking a position on the ballot at the February school board election. She refused to accept it, although it is conceded that the petition is in all respects proper and filed within time.
Plaintiffs contend that the reapportionment method employed by the county superintendent of schools is arbitrary, capricious and unauthorized under N.J.S.A. 18:8--5. They insist that the proper and most equitable method for determining the representation which each of the member school districts shall have on the regional board of education is the so-called method of equal proportions. By this method each municipality would be assigned one member initially, as called for by N.J.S.A. 18:8--5, and the remaining three members allotted so that Berkeley Township would be entitled to a total of three members and Lacey Township to two. It is plaintiffs' claim that as a result of defendants' actions Lacey Township will be deprived of its proper representation on the regional board of education, and plaintiff Parker deprived of his right to stand as candidate for reelection to the board.
Plaintiffs readily agree that N.J.S.A. 18:8--5 does not by its terms establish any particular formula or method to be used in reapportioning membership on the regional board. The only statutory directive is that such membership be apportioned 'as nearly as may be' according to the population of each member school district as shown by the...
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