This Day in History: 1954-06-08

Another round in the continuing battle between the Board of Education and its Superintendent, Dr. Roy Austin was fought out at the Board meeting. Frederick W. Branea, the Field Director of the New Jersey Education Association informed the Board that they would support Austin in the coming hearing before the State Commissioner of Education. The NJEA maintained that since the Board did not formally accept Austin’s resignation on April 12th or during a thirty day period after that date the provisions of the tenure law went into effect and Austin could not be removed. The Board’s attorney John Warhol Jr. contended that by actively seeking a new Superintendent the Board had made an implied acceptance of the resignation. Austin had since withdrawn the resignation and was prepared to fight for his position. Board President Cyrus M. Tibballs III recalled that when the resignation had been presented he had called for a formal motion of acceptance. None had been made at the time, he claimed. Warhol also stated that since Austin’s contract permitted either side to terminate the contract unilaterally no formal action by the Board was necessary. The Board proceeded to vote to terminate Austin’s services on the spot, but the NJEA representative said that this was not a valid action as they would contend at the formal hearing in two weeks. (Bristow)