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School Ethics Act Violated Regarding Disclosure Statements

November 29, 2016
By Sanmathi (Sanu) Dev, Esq.

In November 2016, the New Jersey Commissioner of Education (“Commissioner”) upheld three decisions by the School Ethics Commission that various board members violated the School Ethics Act for failing to timely file their Personal/Relative and Financial Disclosure statements.

N.J.S.A. 18A:12-25 and 26 require school board and charter school board members to annually file with the School Ethics Commission disclosure statements regarding their employment, financial interests, and sources of income. Moreover, these provisions of the School Ethics Act mandate that board members also disclose similar information regarding their relatives. Financial disclosure statements must be filed on or before April 30 of each year.

In a matter involving a board member from the Gray Charter School, the Commissioner found that the board member violated the School Ethics Act by filing incomplete disclosure statements and by failing to correct those statements in violation of N.J.A.C. 6A:28-3.4. The Commissioner agreed with the School Ethics Commission to suspend the board member for 30 days or until she corrects her disclosure statements. The Commissioner further advised that the board member will be removed from her position as a school official if she fails to correct her disclosure statements within 30 days.

In the Matter of Alex Janklowicz (Lakewood Township Board of Education) and In the Matter of Ronald Murphy (Beverly City Board of Education), the Commissioner upheld the School Ethics Commission’s decision to reprimand two board members for untimely filing their disclosure statements. Only after Orders to Show Cause were filed on July 26, 2016 did the board members submit the required paperwork. While the board members filed the disclosure statements prior to the School Ethics Commission’s August 23, 2016 meeting, the board members were admonished for causing “unnecessary expenditure of administrative and adjudicative resources.”

These decisions serve as a reminder to Board members that they must timely file their Personal/Relative and Financial Disclosure statements or otherwise risk losing their position.

 

About the Author:

Sanmathi (Sanu) Dev

Chair, Education Practice


Ms. Dev concentrates her practice on the representation of boards of education and school districts in all areas of education law including: labor and employment, special education, Section 504, student discipline, student records, Family Educational Rights and Privacy Act, Anti-Bullying Bill of Rights Act, School Ethics Act, student residency, civil rights, tenure, negotiations, Open Public Records Act, and Open Public Meetings Act.

In connection with these representations, she is an experienced litigator before State and Federal courts, including the Office of Administrative Law. She routinely defends school districts and employers in a variety of claims involving employee discipline and termination, discrimination, harassment, hostile work environment, leaves of absence, Family and Medical Leave Act, New Jersey Family Leave Act, health and safety, whistleblowing, Americans with Disabilities Act, Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act, and First Amendment. Ms. Dev is also an experienced special education litigator and defends school districts in due process hearings from inception through trial. In addition, she litigates employment, labor, and civil rights claims before governmental agencies, including the U.S. Equal Employment Opportunity Commission, U.S. Office for Civil Rights, New Jersey Public Employment Relations Commission, and New Jersey Division on Civil Rights.

Ms. Dev also serves as labor counsel and chief negotiator on behalf of employers. She negotiates collective bargaining agreements with union leadership and manages contract negotiations with various collective bargaining units. Ms. Dev defends grievances, disputes, and arbitrations related to collective bargaining agreements.

Ms. Dev founded Capehart Scatchard’s Diversity and Inclusion Committee and served as its Chair from 2017 through February 2024. From 2018-2023, she served as the firm’s Hiring Shareholder. Ms. Dev previously served as a judicial law clerk to the Honorable Ronald E. Bookbinder, A.J.S.C. in Burlington County.

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