MARK BENJAMIN, SR. V. JOANNE MASCIOCCHI AND BOARD OF EDUCATION OF THE TOWNSHIP OF WINSLOW, CAMDEN COUNTY V. MARK BENJAMIN AND BOARD OF EDUCATION OF THE TOWNSHIP OF WINSLOW, CAMDEN COUNTY V. MARK BENJAMIN, SR. (Consolidated), 4/11/13, (#135-13)

#135-13 (OAL Decision: Not available online)
MARK BENJAMIN, SR., 	:
PETITIONER, 	:
V. 	:
JOANNE MASCIOCCHI, 	: 	COMMISSIONER OF EDUCATION
: 	DECISION
RESPONDENT.
:
AND
:
BOARD OF EDUCATION OF THE TOWNSHIP
OF WINSLOW, CAMDEN COUNTY, 	:
PETITIONER, 	:
V. 	:
MARK BENJAMIN, SR., 	:
RESPONDENT. 	:
AND 	:
BOARD OF EDUCATION OF THE TOWNSHIP 	:
OF WINSLOW, CAMDEN COUNTY,
:
PETITIONER,
:
V.
:
MARK BENJAMIN, SR.,
:
RESPONDENT.
:
SYNOPSIS
These consolidated cases relate to conflict of interest allegations brought by then-member of the Winslow Township
Board of Education, Mark Benjamin, Sr., against another member of the Board, Joanne Masciocchi, contending that
Masciocchi’s unemployment benefits stemming from former employment with the Winslow school district should
void her board membership.
The ALJ found that: under the circumstances established here, no conflict of interest existed and Masciocchi is not
disqualified from her position; Benjamin was removed from the Board subsequent to the filing of the above cases,
which moots the Board’s case against Benjamin. The consolidated petitions were dismissed.
The Commissioner adopted the Initial Decision as the final decision in this matter.
This synopsis is not part of the Commissioner’s decision. It has been prepared for the convenience of the reader. It has been neither
reviewed nor approved by the Commissioner.
April 11, 2013

1
OAL DKT. NOS. EDU 14102-11, EDU 1928-12, EDU 4959-12 	(CONSOLIDATED)
AGENCY DKT. NOS. 285-9/11, 340-11/11, 44-2/12
MARK BENJAMIN, SR., 	:
PETITIONER, 	:
V. 	:
JOANNE MASCIOCCHI, 	: 	COMMISSIONER OF EDUCATION
: 	DECISION
RESPONDENT.
:
AND
:
BOARD OF EDUCATION OF THE TOWNSHIP
OF WINSLOW, CAMDEN COUNTY, 	:
PETITIONER, 	:
V. 	:
MARK BENJAMIN, SR., 	:
RESPONDENT. 	:
AND 	:
BOARD OF EDUCATION OF THE TOWNSHIP 	:
OF WINSLOW, CAMDEN COUNTY,
:
PETITIONER,
:
V.
:
MARK BENJAMIN, SR.,
:
RESPONDENT.
:
The record of this consolidated matter and the Initial Decision of the Office of
Administrative Law have been reviewed. The parties did not file exceptions to the Initial Decision.

2
Upon 	full 	review 	and 	consideration, 	the 	Commissioner 	concurs 	with 	the
Administrative Law Judge (ALJ) – for the reasons comprehensively presented in his decision – that,
under the circumstances existing here, Joanne Masciocchi is not disqualified from Board membership
pursuant to N.J.S.A. 18A:12-21
As to the Board’s petition seeking a determination regarding whether board member
Mark Benjamin’s filing of a defamation suit against the Board and seven of its members in
Superior Court 	created 	a 	disqualifying 	conflict 	of 	interest 	under 	N.J.S.A. 	18A:12-2, 	the
Commissioner agrees with the ALJ that – because Mr. Benjamin was removed from the Board by a
vote of the membership of the Board on March 28, 2012, pursuant to N.J.S.A. 18A:12-3, for missing
at least three consecutive meetings without good cause, this matter is appropriately dismissed as
moot.
, by virtue of her receipt of unemployment benefits subsequent to the
Board’s 	non-renewal 	of 	her 	employment 	as 	a 	Student 	Aide 	for 	the 	2010-11 	school 	year.
Consequently, it is unnecessary to reach to the ALJ’s discussion on pages 9-11 of his decision with
respect to the recommended action to be taken had any N.J.S.A. 18A:12-2 conflict been found.
Accordingly, the recommended decision of the OAL is adopted as the final decision –
for the reasons stated therein – and this consolidated matter is hereby dismissed.
IT IS SO ORDERED.2
COMMISSIONER OF EDUCATION
Date of Decision: April 11, 2013
Date of Mailing: April 12, 2013
1 This provision – in pertinent part – specifies: “No member of any board of education shall be interested directly or
indirectly in any contract with or claim against the board…”
2 This decision may be appealed to the Appellate Division of the Superior Court pursuant to P.L. 2008, c. 36
(N.J.S.A. 18A:6-9.1).