New Jersey’s Acting Commissioner of Education has 45 days to either uphold or reject the termination of a tenured Secaucus Board of Education (BOE) employee now that an Administrative Law judge has ruled that the termination was justified.
Since last October the Court of Administrative Law in Newark has been considering the case of former Secaucus BOE employee Natalizia “Natalie” Busnelli Aljallad, who until last year worked in the board office as an administrative assistant.
School trustees voted to fire Aljallad last summer and brought her up on eight tenure charges after she allegedly sexually harassed a police officer assigned to the high school, made false statements to the same officer, and made slanderous statements against members of the BOE.
Aljallad meanwhile fought the charges, arguing that she never mentioned any board members by name, did not have inappropriate contact with the officer, and merely tried to warn the officer of negative rumors circulating about him.
“The [BOE] has proven that Aljallad is not fit to remain employed in the Secaucus School District.” – Judge Ellen S. Bass
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In a 20-page decision made public last week, Judge Bass stated, “I did not deem Aljallad’s testimony to be credible, in large part because she is an admitted and shameless prevaricator. [She] also offered evasive answers at hearing, and ones inconsistent with prior statements…The [BOE] has amply proven that Aljallad is not fit to remain employed in the Secaucus School District.”
Aljallad and her attorney said last week they will appeal Judge Bass’ decision, which now goes to the Commissioner of Education for a final ruling.
The case against her
The administrative charges leveled against Aljallad stem from strange allegations.
In a signed affidavit dated April 14, 2010, Schools Superintendent Cynthia Randina wrote that, “Aljallad determined to conduct a personal investigation of Officer [Reinaldo] Cruzado to see if he was capable of appropriately interacting with female students.”
Aljallad, however, claimed she actually approached Officer Cruzado to warn him that rumors had been circulating about how he allegedly looked at some students.
But the officer and school administrators took a different view.
In her affidavit, which the Reporter obtained last year, Randina stated: “In January 2010, I became aware that an investigation report had been filed by Officer Cruzado in December 2009…Officer Cruzado reported that Aljallad stated [that] two members of the board directed her to befriend [him], meet with him once a week, and have lunch with him to see if he would engage Aljallad in inappropriate behaviors.”
Michael Makarski and Frank Trombetta, the two board members whose names came up in the officer’s conversations with Aljallad, “denied any involvement in the matter” when they were interviewed by Randina and BOE Business Administrator Ed Walkiewicz, according to the superintendent’s affidavit.
After receiving a string of emails and text messages from Aljallad, Cruzado became convinced that he had become the target of an illegal investigation launched independently by Makarski and Trombetta. He took his concerns to his superiors in the Secaucus Police Department.
Aljallad maintains she never mentioned Makarski or Trombetta by name. But her alleged references to them in emails and text messages led to administrative charges that she made slanderous statements against the board members; her interaction with Cruzado, Randina and Walkiewicz maintained, constituted sexual harassment.
The charges
Aljallad, who was initially suspended with pay in January 2010, was ultimately brought up on eight administrative charges, which Bass had to consider. In its charges against her, the BOE alleged that Aljallad:
• sexually harassed Cruzado (three counts);
• made false statements to Cruzado about members of the BOE (three counts);
• did not have the mental capacity to do her job; and
• slandered and defamed Makarski and Trombetta.
Aljallad’s status was changed to suspended without pay in April of last year. In June the BOE voted to fire her. By state law she was put back on the payroll last fall while Bass considered the charges against her.
‘Dismissal the only appropriate penalty’
Of the eight charges against Aljallad, one was withdrawn and one was dismissed. But Bass found that the BOE proved its case against her on the remaining six charges.
After hearing testimony from Cruzado and his wife Georgina, Bass concluded that Aljallad made his work environment “hostile” and “abusive,” ultimately forcing him to leave his post as school resource officer at Secaucus High School for another assignment in the Police Department.
The judge further ruled that Aljallad “fabricated a complex tale in which she implicated [Makarski and Trombetta] in serious misconduct.” This fabrication, she said, disrupted both the professional and personal lives of the two board members, and disrupted school district operations.
Makarski, Trombetta, Randina, Walkiewicz, Aljallad, and BOE President Eleanore Reinl also testified before Judge Bass.
In her decision, Bass stated, “I conclude that the board has demonstrated that Aljallad is guilty of unbecoming conduct. The [BOE] urges that dismissal is the only appropriate penalty for Aljallad’s conduct. I agree.”
The charge that Aljallad lacked the mental capacity to do her job was withdrawn.
Bass stated in her ruling that she did not have jurisdiction over cases involving slander, libel, or defamation, so this charge was dismissed. The judge states the BOE proved that Makarski and Trombetta were “falsely implicated,” but the charge would have to be raised in a different venue.
Reactions to the decision
Philip Feintuch, one of the attorneys who represented Aljallad, said he will appeal Bass’ ruling within 13 days.
“Of course we don’t agree with the judge’s decision. I think she overreached. The judge implied certain things and came to conclusions which I feel were not predicated upon the facts presented to her,” said Feintuch. “We’re filing exceptions to the decision as the rules will allow.”
Aljallad maintained her innocence last week and vowed to keep fighting her case, which she described as a “witch hunt.”
“I am very disappointed with Judge Bass’ decision and I know for a fact that the outcome would have been different if I had had the testimony of the parents and teachers [in this matter],” she said. “I will fight to the end to uphold my reputation.”
BOE spokesman Gene Manfra abruptly left his post on March 18. In his absence it’s unclear who is now speaking on behalf of Randina and the Board.
But Town Administrator David Drumeler whose supervisory jurisdiction includes the Secaucus Police Department, said, “The judge’s opinion reaffirms our belief that our officer did nothing wrong in this matter. He handled himself appropriately. We’re very glad that the officer’s training led him to pursue the right course of action in this matter, as was described by the judge.”
Makarski did not respond to an email seeking comment last week.
Trombetta, who has since left the BOE, could not be reached on his cell phone.
Bass’ decision and Aljallad’s appeal will now go to New Jersey’s Acting Commissioner of Education, Chris Cerf. Cerf can either accept, reject, or modify Judge Bass’ ruling within 45 days, although he has the authority to extend that timeframe as he deems necessary.
Aljallad is entitled to receive her salary and benefits until Commissioner Cerf makes his decision.
E-mail E. Assata Wright at awright@hudsonreporter.com.