Kriser v. Bd. of Educ. of City of Trenton, 232.
| Decision Date | 10 April 1939 |
| Docket Number | No. 232.,232. |
| Citation | 5 A.2d 466,122 N.J.L. 323 |
| Parties | KRISER et al. v. BOARD OF EDUCATION OF CITY OF TRENTON. |
| Court | New Jersey Supreme Court |
Proceeding by Frederick H. Kriser and others to have the State Commissioner of Education direct the Board of Education of the city of Trenton to pay petitioners their full contractual salaries as public school janitors. The Commissioner's order directing the board to pay such salaries was affirmed by the State Board of Education, and the city Board of Education brings certiorari.
Affirmed in part and reversed in part. Argued October term, 1938, before CASE, DONGES, and PORTER, JJ.
Henry M. Hartmann, of Trenton, for prosecutor.
Frank I. Casey and Louis Josephson, both of Trenton, for respondents.
Firmin Michel, of Camden, amicus curias.
Respondent Kriser was employed by the Board of Education of the City of Trenton as a janitor in the public schools by contract, dated March 6, 1924, for a period of one year from February 11, 1924, at a salary of $1,200 per year. He has been continuously engaged as a janitor in the public schools since said date, February 11, 1924, and has never been subject to any charges. For the school year 1929-1930 his salary was fixed at $1,680 per year. From 1933-1934 to 1936-1937 school years his salary was fixed at $1,344 per year and paid and accepted at that figure. Kriser asserts that by a resolution of the Board of Education, adopted April 1, 1937, his salary was fixed at $1,428 for the school year July 1, 1937, to July 1, 1938, and that, under the law, he is entitled to a salary of $1,680. He appealed to the Commissioner of Education of the State to have the school board directed to pay him his salary at the claimed rate, and the Commissioner ordered the school board to pay at the rate of $1,680 for the school year 1937-1938. The State Board of Education affirmed that order. This writ is to review such determination in the case of Kriser and a group of janitors, whose appeal was joined with that of Kriser, inasmuch as the order of the Commissioner of Education required the board of education to pay them the full amounts severally claimed by them.
It appears without question that Kriser became subject to the provisions of the act of 1911, known as the Janitors' Tenure Act, P.L.1911, p. 67 (now R.S. 18:5-66, 18:5-67). This act (section 2) provides, in part: "No public school janitor in any municipality or school district shall be discharged, dismissed or suspended, nor shall his pay or compensation be decreased except...
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Harper v. Atl. City.
...1937, 119 N.J.L. 17, 194 A. 66; Hopkins v. City of Passaic, Sup., 1940, 125 N.J.L. 379, 16 A.2d 63; Kriser v. Board of Education of City of Trenton, Sup., 1939, 122 N.J.L. 323, 5 A.2d 466; Goldberger v. City of Perth Amboy, Sup., 1938, 197 A. 267, 16 N.J.Misc. 84; Harley v. Passaic County, ......
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Bd. of Educ. of City of Trenton v. State Bd. of Educ.
...the present matter to waive was notice to the Board of their protest against the proposed action. The situation in Kriser v. Board of Education, 122 N.J.L. 323, 5 A.2d 466, was very different. In the instant case, the attempt was to coerce those who had devoted years to the city school syst......
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