N.J. superintendents suing to block cap on their salaries

The association representing New Jersey school superintendents is looking to block Gov. Chris Christie's plan to cap school leaders' pay, with a lawsuit filed in Morris County Thursday.

The suit names Morris County Executive Superintendent Kathleen Serafino, Acting Commissioner of Education Rochelle Hendricks and the state Department of Education as the defendants. It claims the state has no authority to interfere with school board decisions about administrator pay, and says the salary caps are illegal.

New Jersey legislative law “specifically vest[s] the authority to fix salaries for school superintendents with the boards of education,” reads the complaint, filed by the New Jersey Association of School Administrators along with two Morris County school superintendents.

Under a plan put forth by Gov. Chris Christie last year, and set to take effect  Feb. 7, most school districts could pay their top officials no more than $175,000 per year—the same salary the governor makes. Salary caps are set on a scale by district population; smaller districts would have lower ceilings for superintendent pay.

The proposed cap, which would go into effect on Feb.1, affects districts with student populations between 3,001 and 10,000. 

District superintendent contracts typically go to county executive superintendents for review. But on Nov. 15, Hendricks ordered Serafino and other county executive superintendents to hold off on approving any such contracts that exceed the cap—even though the cap hasn't yet taken effect.

Hendricks told each county executive superintendent to conduct a “comprehensive review" of any contracts. Until the reviews are completed, she said, no new contracts should be approved.

"Gov. and acting Commissioner Hendricks are saying no and working with county executive superintendents to stop these abuses that come at the expense of New Jersey children and restoring fiscal sanity by bringing school superintendents’ salaries under control," the state Department of Education said in a press release issued in December. "Acting Commissioner Hendricks has directed the executive county superintendents not to approve any contract extensions for superintendents whose current contracts expire after Feb. 7, 2011 unless they are consistent with the salary cap that will take effect on that date. "The suit contends that direction was illegal.

"The acting commissioner does not have the authority to tell county executive superintendents not to approve the contracts," said Maria M. Lepore, chief counsel for the New Jersey Association of School Administrators. "Refusal to approve the contracts is contrary to New Jersey constitutional law."

Hendricks' directive came after Parsippany's school board submitted a contract with its own superintendent's salary well above the cap, and Christie publicly singled out that school district as an example of why reform is needed.

Also joining the suit directly are Chatham school Superintendent Jim O’Neill and Long Hill Township schools Superintendent Dr. Renee Rovtar, who say Hendricks specifically had no right to block their own contract approvals.

The State Department of Education declined to comment Friday.