Snapshot of Ethics complaint

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Before the School Ethics Commission

OAL Docket No.: EEC-03124-22
Agency Docket No. 260-9/23
SEC Docket No.: C86-21
Resolution of Censure



Jim Giannakis, Keith Both, Thomas Cassio, Pio Pennisi, Doug Chapman
and William Seesselberg,
Complainants
v.
Debbie Boyle,
South Plainfield Board of Education, Middlesex County
Respondent



Whereas, the above-captioned matter arises from a Complaint that was filed with the
School Ethics Commission (Commission) on November 24, 2021, by Jim Giannakis, Keith Both,
Thomas Cassio, Pio Pennisi, Doug Chapman and William Seesselberg (Complainants) alleging
that Debbie Boyle (Respondent) violated multiple provisions of the Code of Ethics for School
Board Members (Code); and


Whereas, at its meeting on March 22, 2022, the Commission adopted a decision granting
the Motion to Dismiss as to the alleged violations of N.J.S.A. 18A:12-24.1(c), N.J.S.A. 18A:12-
24.1(i) and N.J.S.A. 18A:12-24.1(j) in Count 1; denying the Motion to Dismiss as to the alleged
violations of N.J.S.A. 18A:12-24.1(d) and N.J.S.A. 18A:12-24.1(e) in Count 1, and as to the alleged
violations of N.J.S.A. 18A:12-24.1(c), N.J.S.A. 18A:12-24.1(d), N.J.S.A. 18A:12-24.1(e), N.J.S.A.
18A:12-24.1(f), N.J.S.A. 18A:12-24.1(i) and N.J.S.A. 18A:12-24.1(j) in Count 2 of the Complaint;
directing Respondent to file an Answer to the remaining allegations, and upon receipt of the
Answer, transmitting the above-captioned matter to the Office of Administrative Law (OAL) for
a plenary hearing; and

 
Whereas, the Administrative Law Judge (ALJ) issued an Initial Decision dated July 17,
2023; and


Whereas, at its meeting on September 26, 2023, and after thoroughly reviewing and
considering the full record, the Commission voted to adopt the ALJ’s conclusion that Respondent violated N.J.S.A. 18A:12-24.1(e) in Count 1 and N.J.S.A. 18A:12-24.1(d), N.J.S.A. 18A:12- 24.1(e), N.J.S.A. 18A:12-24.1(i) and N.J.S.A. 18A:12-24.1(j) in Count 2; to adopt the ALJ’s
conclusion that Respondent did not violate N.J.S.A. 18A:12-24.1(f) in Count 2; to reject the ALJ’s
conclusion that Respondent violated N.J.S.A. 18A:12-24.1(d) in Count 1 and/or N.J.S.A. 18A:12-
24.1(c) in Count 2; and to adopt the recommended penalty of censure for the violations; and

Whereas, pursuant to N.J.S.A. 18A:12-29(c), the Commission’s decision was forwarded to
the Commissioner of Education (Commissioner) for final determination on the recommended
penalty; and

 
Whereas, following the issuance of the Commission’s decision, neither party filed an
appeal and/or exceptions with the Commissioner of Education; and

Whereas, by decision dated November 2, 2023, the Commissioner of Education concurred
with “the penalty recommended by the Commission for [R]espondent’s actions in bypassing the chain of command and criticizing and questioning district administrators”; and

Whereas, N.J.A.C. 6A:28-9.11(d) provides that for a penalty of censure, suspension or
removal, a Resolution shall be adopted at the Commission’s next meeting following the
Commissioner’s imposition of the sanction, and the Resolution shall be read at the Board’s next
public meeting following adoption by the Commission, shall be posted in such places as the Board posts its public notices for no less than thirty (30) days, shall be published online on the District’s website, if available, for no less than thirty (30) days, and the reading of the resolution shall be memorialized in the Board’s meeting minutes, and once approved, a copy of the minutes shall be forwarded to the Commission; and

Now Therefore Be It Resolved, that the Commission adopts this Resolution stating that
Respondent is hereby CENSURED as a penalty for having violated the Act as set forth herein;
and

Be It Further Resolved, that the Board is ordered to read this Resolution at its next
regularly scheduled public meeting, to post it in such places as the Board posts its public notices for a period of no less than thirty (30) days, and to publish it online on the District’s website, if available, for no less than thirty (30) days; and

Be It Further Resolved, that the Board shall provide the Commission with the minutes,
once adopted, from the meeting at which it reads the within Resolution.

 
_____________________________
Robert W. Bender, Chairperson
School Ethics Commission

I hereby certify that the above Resolution
was adopted by the School Ethics Commission at
its meeting on November 28, 2023.
_____________________________
Brigid C. Martens, Director
School Ethics Commission