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Vol. 3 No. 92 DECISIONS RELEASED MAY 17, 1995 EDUCATION 16-2-5648 In the Matter of the Tenure Hearing of Ward Campbell, App. Div. (6 pp.) The State Board of Education correctly affirmed the termination of a tenured teacher’s employment since there was sufficient evidence of his continuing and unrepentant pattern of irresponsible and insensitive remarks and physical gestures in dealing with his students. EVIDENCE 19-1-5649 Charles Boland v. Peter Dolan, et al., Supreme Ct. (24 pp.) The jury’s use of a magnifying glass to examine a properly admitted photograph during deliberations did not constitute “new evidence” and was not error, and since it was merely the use of an ordinary device to assist the natural vision of the jurors, no expert testimony was required. [Available online in N.J. Full-Text Decisions.] GOVERNMENT — DISPUTES — COUNSEL FEES 21-2-5650 William J. Simon, Sheriff of Camden Cy. v. Bd. of Chosen Freeholders of the Cy. of Camden, et al., App. Div. (11 pp.) Where sheriff disputed department cutbacks proposed in freeholders’ budget, and that dispute escalated to litigation, the suit amounted to a challenge to the freeholders’ fundamental authority to allocate essential charges and expenses in the budget process; the sheriff’s good faith was irrelevant, and the trial court erred when it awarded the sheriff counsel fees. [Approved for publication May 17, 1995.] [Available online in N.J. Full-Text Decisions.] INSURANCE — VERBAL THRESHOLD 23-2-5651 Nancy Weinberg v. Peter J. Schaflin, et al., App. Div. (4 pp.) Adopting the reasoning of Jordan v. Dennison, 278 N.J. Super. 306 (App. Div. 1995), which provided retroactive application to a 1990 statutory amendment that said that an injured party who has no automobile to insure and who is not part of a household of an insured family member is automatically given the benefit of the no-threshold option, plaintiff was not subject to the verbal threshold and summary judgment was improperly granted to the defendants. LABOR AND EMPLOYMENT 25-2-5652 Raritan Borough v. Bd. of Review, et al., App. Div. (2 pp.) Where employee’s supervisor told her that, if she took a leave of absence without permission, she would not have a job to return to, and where employee chose to take the leave, and was terminated, the employee did not “quit” her job, as she had every intention of returning, and, therefore, employee was not disqualified for unemployment compensation benefits, although the action constituted “misconduct” which disqualified her for the first five weeks of benefits. PUBLIC EMPLOYEES — LABOR DISPUTES — LIMITATIONS 33-2-5653 Maria Jones v. State of N.J., et al., App. Div. (7 pp.) Even though the plaintiff’s union ultimately determined that it had wrongfully declined to represent the plaintiff when she initially requested its help in her dispute with her employer, the statute of limitations was not tolled since the initial decision not to take the case was clear and unambiguous, and nothing prevented plaintiff from filing timely charges against her employer or her union; therefore the decision of the Public Employment Relations Commission (PERC) dismissing plaintiff’s complaint against her employer and her union as untimely is affirmed.

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