18A:6-11 - Written charges; written statement of evidence; filing; statement of position by employee; certification of determination; notice - New Jersey Statutes

18A:6-11.  Written charges;  written statement of evidence;  filing; statement of position by employee;  certification of determination;  notice
    Any charge made against any employee of a board of education under tenure during good behavior and efficiency shall be filed with the secretary of the board in writing, and a written statement of evidence under oath to support such charge shall be presented to the board.  The board of education shall forthwith provide such employee with a copy of the charge, a copy of the statement of the evidence and an opportunity to submit a written statement of position and a written statement of evidence under oath with respect thereto. After consideration of the charge, statement of position and statements of evidence presented to it, the board shall determine by majority vote of its full membership whether there is probable cause to credit the evidence in support of the charge and whether such charge, if credited, is sufficient to warrant a dismissal or reduction of salary.  The board of education shall forthwith notify the employee against whom the charge has been made of its determination, personally or by certified mail directed to his last known address.  In the event the board finds that such probable cause exists and that  the charge, if credited, is sufficient to warrant a dismissal or reduction of  salary, then it shall forward such written charge to the commissioner for a  hearing pursuant to N.J.S. 18A:6-16, together with a certificate of such determination.  Provided, however, that if the charge is inefficiency, prior to  making its determination as to certification, the board shall provide the  employee with written notice of the alleged inefficiency, specifying the nature  thereto, and allow at least 90 days in which to correct and overcome the  inefficiency.  The consideration and actions of the board as to any charge  shall not take place at a public meeting.

L.1967, c.271; amended by L.1975, c. 304, s. 1, eff. Feb. 7, 1976.