WEST NEW YORK -- The new West New York superintendent has filed a petition with the state saying a reduction of her salary to conform to the state's superintendent salary cap violated her tenure rights.

Clara Brito Herrera was making $190,587 as an assistant superintendent before becoming superintendent this school year, when her salary was reduced to $177,500, according to her petition for relief, which was filed with the N.J. Commissioner of Education Sept. 24.

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The petition states that Herrera, who has not yet responded to a request for comment, has been an educator with the West New York school board since 1981. She began as a teaching staff member, but advanced to supervisor in 1999, principal in 2002 and assistant superintendent in 2011.

Herrera's new salary reflects the "maximum" salary of a New Jersey superintendent under the salary cap imposed by Gov. Chris Christie in 2011, $175,000, plus a bonus of $2,500, which state law allows for superintendents in districts with high schools.

The contract reducing Herrera's salary, which was approved by the school board in July, is "in violation of her tenure rights," her petition states, and Herrera is seeking a new contract, retroactive to July 2015, that contains an annual "base salary" of $190,587.

Herrera is one of many N.J. superintendents who have taken salary reductions following the cap, and who have complained of the salary cap, which Christie said he imposed to save taxpayers money.

The cap has been blamed for early retirements and an exodus of superintendents from the state to nearby districts in N.Y. and Pennsylvania. Some superintendents have come out of retirement to bypass the cap as "interim" superintendents.

In May, the state Senate voted to end the cap, and a similar measure has been introduced in the Assembly.

According to the petition, Herrera expressed salary concerns to Hudson County Executive County Superintendent Monica Tone before her contract's creation, but Tone researched the issue and told Herrera she needed to conform to the cap.

"In order to begin the school year" with Herrera as superintendent, Herrera and the board prepared her contract with the reduced salary, the petition says.

MORE: Read Herrera's petition here

Herrera's approved five-year contract included the lowered salary, plus stipulations for 15 sick days and 25 vacation days. The contract says Herrera's employment will "automatically renew" for five-year terms until July 2025.

Herrera's lawyer from the New Jersey Association of School Administrators, Andrew Babiak, cited N.J.S.A. 18A:28-5, which states that teaching staff "shall not be dismissed or reduced in compensation except for inefficiency, incapacity, or conduct unbecoming." In the complaint, Babiak also cited 18A:17-20.4, which says a superintendent "promoted from within a district shall retain all tenure rights accrued in any (district) position which was previously held."

On Oct. 30, Acting Attorney General John Hoffman responded on behalf of Tone, stating she did not deny Herrera any rights and followed the law.

Lester Taylor, the lawyer for the West New York school board, also filed an answer to the petition this fall, saying the school board "at all times relevant herein complied with New Jersey laws regarding superintendent salaries," and should be reimbursed for legal expenses.

Taylor, Babiak, Tone and West New York Board of Education President Steven Rodas have not yet responded to requests for comment.

Asked about Herrera's claim about her tenure rights, David Saenz, a spokesman for the state Department of Education, declined comment citing the pending petition.

Laura Herzog may be reached at lherzog@njadvancemedia.com. Follow her on Twitter @LauraHerzogL. Find NJ.com on Facebook.