Ratajczak v. Bd. of Educ. of Perth Amboy

• Decision Date: 29 March 1935
• Docket Number: No. 250.,250.
• Citation: 177 A. 880
• Parties: RATAJCZAK v. BOARD OF EDUCATION OF PERTH AMBOY.
• Court: New Jersey Supreme Court

177 A. 880

RATAJCZAK

v. BOARD OF EDUCATION OF PERTH AMBOY.

No. 250.

Supreme Court of New Jersey.

March 29, 1935.

Edward Ratajczak was discharged as custodian of a public school building, and he appealed to the State Commissioner of Education, who ordered his reinstatement. To review a judgment of the State Board of Education which affirmed the judgment of reinstatement, the Board of Education of Perth Amboy, N. J., brings certiorari.

Affirmed.

Argued October term, 1934, before HEHER and PERSKIE, JJ.

Joseph B. Schwartz, of Perth Amboy, for prosecutor.

John C. Stockel, of Perth Amboy, for respondent.

HEHER, Justice.

The issue presented for determination is the validity vel non of a resolution adopted by the board of education of the city of Perth Amboy on September 15, 1933, whereby one Godlesky was "appointed school custodian to fill vacancy of Edward Ratajczak at usual salary less twenty per cent., effective October 1, 1933." Ratajczak, invoking the provision of chapter 44 of the Laws of 1911 (Pamph. L. 1911, p. 67 [Comp. St. Supp. 1924, §§ 185—314, 185—315]), which protects public school "janitors" from discharge, dismissal, or suspension, "except upon sworn complaint for cause, and upon a hearing had before" (section 2 [Comp. St. Supp. 1924, § 185—315]) the board of education, appealed to the state commissioner of education, who found that he held the position of "janitor," within the intendment of the act, and ordered his reinstatement. The state board of education, upon appeal by the local board, affirmed this judgment. The local board thereupon sued out this writ of certiorari.

The decisive question, therefore, is whether Ratajczak, at the time of the adoption of the resolution, held a position protected by the act of 1911, supra. This must be answered in the affirmative.

We concur in the findings of fact made by the commissioner of education. This is the history: In October, 1928, when Ratajczak was first employed by the local board, his father, John, and one James Lynch were the school janitors. Edward was employed to assist these janitors. At first he devoted four hours per day to the work, and later eight hours. His compensation was at the rate of 50 cents per hour. He was designated on the board's records as an "extra"—the classification accorded to those—principally women— who, under the supervision of the janitors, served as cleaners. In August, 1930, Lynch retired from the service, and his duties were thereupon assigned to Edward. The board insists that the latter's status as a mere employee of the board, a relationship terminable at will, was not in anywise altered, while Edward maintains that he was in fact appointed as school janitor in the place and stead of Lynch. While Edward's status on the school board's records was not changed— he was still carried as an "extra"—we are not left in doubt as to the intent and purpose of those in authority. He was in point of fact given the position held by Lynch. John Rata jczak and Lynch were severally in charge of one-half of the school building. Lynch was, apparently, advanced in years—age was the reason assigned for his retirement—and Edward was employed primarily to assist him. The board's business manager, and as such its agent charged with the care of school properties, Sheehy, testified thus on this crucial phase of the inquiry: "The father (John Ratajczak) spoke to me one day, asking whether it was not possible to have the boy put on as janitor at the regular monthly salary of $175.00. I told him that was up to the Board of Education, but that I would mention it to Mr. Gullman (Goldman), chairman of the Building Committee. I spoke to Mr. Gullman, telling him about the request of the father and he said that he was not in favor of giving him $175.00 per month, but I was instructed to tell Miss Goldstein, secretary to the superintendent, to put him on at $140.00 per month. Q. In place of Mr. Lynch? A. Yes." Thereafter, Edward was in charge of the portion of the building assigned to Lynch, while his father continued as theretofore in charge of the remainder. Thereafter, his was the self-same service rendered by Lynch. And he was accorded in fact the recognition that goes with the janitorial status. He was given all the privileges of this class—the annual two weeks' vacation, a right not granted to those whose compensation was on an hourly basis, classified as "extras."

And when the board was compelled to function on a reduced budget, it submitted to its teachers and janitors, for signature, a memorandum expressing the signer's consent to a "donation" of...