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Date:

July 11, 2011

Mr. Richard D. Tomko, Superintendent 60 EAST 53RD STREET ELMWOOD PARK, NEW JERSEY 07407

Re:

Mr. Tomko's correspondence dated July 8, 2011 in regard to withholding my increments for the 2011-2012 school year

Dear Mr. Tomko,

I am respectfully writing this letter in response to your correspondence dated July 8, 2011

(attachment) which I received on Saturday July 9, 2011, informing me for the first time, that you

have recommended Elmwood Park BOE to withhold my increments for the 2011-2012 school

year. On this correspondence you have also mentioned that Elmwood Park BOE has adopted

your recommendation at their meeting of June 28, 2011 (same meeting that they credited the

tenure charges that you had brought against me) while as a tenured employee I have a “property

interest” in my position, and constitutional due process right requires me to be afforded an

opportunity for a meaningful hearing prior to the depravation of my interest.

On June 11, 2011, I was informed that you had brought 28 tenure charges against me 1 which

was supposed to be discussed during Elmwood Park BOE’s meeting of June 28, 2011, but I was

never advised at any time that you have recommended Elmwood Park BOE to withhold my

increments too. Not to mention that even the contract (Annual Notice) dated June 22, 2011 that

I received from your office to sign which I singed and mailed it to your office, did not indicate

anything at all in regard to withholding my increments for the 2011-2012 school year.

Again, not only you have violated my Statutory and Constitutional rights and denied my due

process 2 by not informing me about your recommendation to the board of education in regard to

withholding my increments for the 2011-2012 school year, since:

1 Mr. Tomko brought the tenure charges against me, after he was informed that I was going to file a complaint with Department of Education in regard to placing false and falsified information on my observation and evaluation reports and in my personnel file.

2 As I filed a sworn response along with about 600 pages documents which were and are refuting the 28 tenure charges that Mr. Tomko brought against me (Regardless that after about 28 hours that I had submitted my sworn response along with about 600 pages of documents to Elmwood Park BOE, all of them were disregarded by all NEXT PAGE

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If the administrator recommends to the superintendent that the employee’s increment be withheld for the following academic year. Any such recommendation shall be in writing, giving the specific reasons for the recommendation and representing to the superintendent that the subject employee is being held to the same standards as all other employees under the administrator’s supervision. A true copy of the administrator’s written recommendation shall be transmitted on the same date to the employee. The superintendent shall represent to the Board that the standards to which the employee has been held are not exceptional or unusual and apply to all employees in a similar classification. In order to make a withholding determination, prior to voting on a recommendation to withhold a salary increment, the Board shall offer the employee the right to a hearing before the Board thereof to oppose the proposed withholding, and to insure due process protection.”

but you have also violated the N.J.S.A. 18A:29-14 by not serving me a notice that Elmwood Park BOE has adopted your recommendation within the 10 days time limit [as you have stated on your letter dated July 8, 2011, the Elmwood Park BOE’s meeting was held on June 28, 2011 and I was served with the notice of Elmwood Park BOE’s decision on July 9, 2011 (12 th day), not to mention that on this notice you have not even mentioned any specific indicator as a reason for withholding my increments].

N.J.S.A. 18A:29-14 states:

“Any board of education may withhold, for inefficiency or other good cause, the employment increment, or the adjustment increment, or both, of any member in any year by a recorded roll call majority vote of the full membership of the board of education. It shall be the duty of the board of education, within 10 days, to give written notice of such action, together with the reason therefore, to the member concerned…”

BOE’s members and Elmwood Park BOE credited those tenure charges) I should have been given a chance to refute the false and falsified information which has been stated on my observation and evaluation reports to prove that not only the claim of inefficiency has been baseless but also this adverse action has been induced by improper and malicious motives.

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As a teacher, my reputation and my expectation of employment are my liberty and

property rights, so your actions, bringing false tenure charges against me to warrant my

dismissal and reduction in salary and on the top of that simultaneously taking another

adverse action which is withholding my increments (3 rd times) based on the false and

falsified observation and evaluation reports which there are sufficiently serious questions

on their merits, have stigmatized me and altered my expectation of employment which

consequently have interfered with my liberty and property interests.

And again Elmwood park BOE has fostered and ratified another violation of law and

discriminatory and harassing conduct by adopting your recommendation which violates my

Statutory and constitutional rights that are protected under State and Federal Law, 42 U.S.C. §

1983, 42 U.S.C. § 1985 and US Constitution. Elmwood park BOE is limited by State and Federal

Statutes and Constitutions, violation of my rights as a citizen can never be justified due to

Elmwood Park BOE and you are not allowed to

extend your power beyond its legal limits.

overriding Elmwood Park BOE’s/your goal and

Respectfully,

Irandokht Toorzani

Cc:

My Personnel File William Moffitt, Business Administrator/Board secretary and All Elmwood Park BOE Members Nickolas Celso III, Elmwood Park BOE’s Attorney Al Ramey, NJEA’s Assistant Director UniServ North

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