NJ School Ethics Commission finds lack of probable cause in confidential meeting minutes complaint

Today the New Jersey School Ethics Commission dismissed a complaint from a local resident that a South Hunterdon School Board member that the board member violated the Act when he received confidential meeting notes of a recent Township Committee Executive session, and then disseminated those minutes to the Superintendent, who subsequently shared them with the entire Board of Education.

The decision is available below.

C41-24 SEC Decision on PC.pdf

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Regarding the first count in the complain, the Commission states: "Pursuant to N.J.A.C. 6A:28-6.4, factual evidence of a violation of N.J.S.A. 18A:12-24.1(c),

shall include evidence that Respondent took board action to effectuate policies and plans without consulting those affected by such policies and plans, or took action that was unrelated to Respondent’s duty to (i) develop the general rules and principles that guide the management of the school district or charter school; (ii) formulate the programs and methods to effectuate the goals of the school district or charter school; or (iii) ascertain the value or liability of a policy.

After review, the Commission finds that there are insufficient facts and circumstances presented in the Complaint and the Written Statement to lead a reasonable person to believe that N.J.S.A. 18A:12-24.1(c) was violated. In the current matter, Complainant has not presented any3evidence that Respondent took board action or was acting in his capacity as a Board member when he accepted the Committee minutes or shared them with the Superintendent. The Commission does not see how accepting meeting minutes from another governing body would effectuate Board policies and plans. Accordingly, and pursuant to N.J.A.C. 6A:28-9.7(b), the Commission dismisses the alleged violation of N.J.S.A. 18A:12-24.1(c)".

The ruling on the second count is similar: "In accordance with N.J.A.C. 6A:28-6.4(a), factual evidence of a violation of N.J.S.A.

18A:12-24.1(e), shall include evidence that Respondent made personal promises or took action beyond the scope of his duties such that, by its nature, had the potential to compromise the board.

Following its assessment, the Commission finds that there are insufficient facts and

circumstances presented in the Complaint and the Written Statement to lead a reasonable person to believe that N.J.S.A. 18A:12-24.1(e) was violated. The Complaint is devoid of any allegations or evidence that Respondent has made any personal promises. While Complainant argues that Respondent’s actions of receiving the confidential meeting minutes and giving them to the Superintendent have left the Board open to potential litigation, Complainant failed to establish that Respondent was under any responsibility or obligation to keep the meeting minutes confidential.

In addition, Complainant has not shown that Respondent acted in his capacity as a Board member when he received the meeting minutes or when he gave them to the District. As such, Complainant has not demonstrated how Respondent took any action beyond the scope of his duties that could compromise the Board. Accordingly, and pursuant to N.J.A.C. 6A:28-9.7(b), the Commission dismisses the alleged violation(s) of N.J.S.A. 18A:12-24.1(e)."

A local Township Committee person was censured by the Township Committee for her part in this issue, as captured in the Township Committee Meeting Minutes from May 2024.