While I’m hopeful that the results of this year’s election can restore a bit of civility to the dais at the Board of Education, the actions exhibited throughout the campaign by certain Trustees demonstrated outright contempt toward fellow board members in a manner implicating several areas of the School Ethics Act.
School Ethics Act
School Board Trustees receive specific training in regard to the School Ethics Act. One of the core requirements of the act and the decisions that come from it, is that Trustees must affirmatively state in a disclaimer when they are speaking as an individual and not as a BOE member (those who have attended any meeting where Howard Rose was in the vicinity during his time on the BOE are very familiar with this longstanding requirement).
The mandated disclaimer is not always enough, though. And when it comes to education-related matters, the School Ethics Act is not to be taken lightly.
The following is from an article taught to new Trustees and can be found on the New Jersey School Boards Association website:
SEC Warns Personal Opinion Disclaimer May Not Be Enough to Avoid Ethics Charges
New Jersey School Boards Association
“In an April 27, 2021 decision, the School Ethics Commission (SEC) voted to censure a school board member for writing an opinion article that endorsed some school board candidates but specifically called for the defeat of another. Finding an increase in the number of complaints received related to statements made on social media, the SEC drafted a substantive decision warning board members that a disclaimer of personal opinion in a public statement does not necessarily cure all ethics violations within the statement.”
What did this Trustee say that was worthy of Censure by the Ethics Commission?
“On October 30, 2018, the author of the opinion piece endorsed four school board candidates but spoke negatively about another, questioning her qualifications for the board.”
That was it. The author “spoke negatively” and questioned the fellow BOE member’s qualifications.
And they did it WITH the required disclaimer:
“In that writing, the member wrote a disclaimer saying: ‘The author is writing this endorsement on his own personal behalf. His opinions are his own.’ An administrative law judge who reviewed the case found that the disclaimer written by the member ‘was insufficient to convey that he was expressing his personal opinion.’ Additionally, the judge held that the board member admitted he did not seek approval from the board or its counsel before writing the article, and the author admitted that the endorsements were meant to influence the voters. “
Was this person censured because of a previous history of violating the rules? Nope.
“The judge held that a reprimand was appropriate based on case law and the fact that the board member had no previous history of ethics violations. However, the SEC disagreed and elevated the penalty to censure based on the severity of the violation.”1
With that in mind, let’s look at Teaneck’s BOE Trustee who just won re-election, Jonathan Rodriguez:
“Why do I think there’s so much hostility on the Current board? I… I’m gonna be plain. I think that our three new members [Ed note: David Gruber, Gerald Kirshenbaum and James Woff] have been a detriment to the board. I think that they have, done their best despite the six of us to damage the district. Both in perception and in actuality. Speaking on perception, I think that the, they’re fueled by, I don’t know, Facebook, to keep the vitriol going, as opposed to opening their minds and seeing that we are all people and we all want the best things for ourselves, for our community, and for our children. Thanks.”
If the oath to abide by the School Ethics Act is so serious as to merit censure even when you use a disclaimer and talk negatively about the qualifications of a candidate, what happens when you say that fellow BOE members are actively damage the district without a disclaimer?
We will find out.
During the campaign, I asked Mr. Rodriguez if he would apologize for the statements, try to foster a bit more cohesion and eliminate the negativity as a candidate.
I didn’t receive a response.
I’ve been watching and offering to help the BOE at every step because I truly want to end divisive rhetoric and get things to a point where the Board complies with the law and the public has notice of what’s going on with an opportunity to comment. That way, we can all work towards a more productive Teaneck.
If that has to be forced, it’s unfortunate but it was it is.
Complaint filed with NJ Ethics Commission
Below, you can find the complaint filed by me against Jonathan Rodriguez based on the standards the School Ethics Act mandates for Board Trustees.
It is my hope that such a complaint will 1) remind current BOE members of their obligations and 2) ensure compliance in the future by all members of the Board.
A response is due within 20 days of service (which took place on November 6, 2024).
- “Ultimately, the board member who wrote the article resigned his board position and argued that his resignation should mitigate or reduce the penalty. The SEC disagreed and held that ‘[t]o the extent resignation affords a school official the ability to avoid the imposition of a harsher penalty, the force and effect of the Act becomes diminished.’”
Download a copy of the Complaint
C88-24_2024-10-29_Complaint C88-24_2024-11-06_Acknowledgement Letter re Complaint