Withholding Increments. Focus on School Law Series.

Local boards of education in New Jersey are authorized by law to withhold increments of staff members in certain circumstances. The purpose of this publication is to provide an analysis and summary of decisions involving a board's exercise of this authority, and it is intended to serve as a guide and a reference tool to be used in determining when and how increments can be withheld. The first two sections construe the statutory language that gives boards this authority and establishes the nonnegotiability of increment withholding decisions by local boards. The next section discusses appeals for review of increment withholdings by the commissioner of education. Decisions are discussed that (1) clarify the standard of review, (2) uphold actions by local boards, and (3) restore employees' increments. The third section reviews decisions interpreting the procedural requirements at the administrative and board levels that must be met in withholding increments. A final section discusses the four options available to local boards in determining the exact increment amount to be withheld and the time period for withholding it: (1) employment increment only, for one school year; (2) employment increment only, but on a permanent basis; (3) entire increment for one year; and (4) permanent denial of entire increment. (TE)