In the Matter of Christopher Murray, Fair Haven Borough Board of Education, Monmouth County, 1/23/2024, (#73-24SEC)

73-24SECNjcommned

Full text

73-24SEC
SEC Dkt. No. T13-23
Agency Dkt. No. 356-12/23
New Jersey Commissioner of Education
Final Decision
In the Matter of Christopher Murray,
Fair Haven Borough Board of Education,
Monmouth County.
The record of this matter and the decision of the School Ethics Commission (SEC) have been reviewed.
The SEC found that respondent violated N.J.S.A. 18A:12-33 by failing to timely complete the required board
member training. The SEC’s decision was forwarded to the Commissioner for final determination on the
recommended penalty pursuant to N.J.S.A. 18A:12-29(c). The SEC recommended a sanction of removal
effective upon the adoption of the decision by the Commissioner. Alternatively, if respondent completed the
required training before the issuance of the Commissioner’s final decision and notified the SEC accordingly, the
SEC recommended a sanction of a thirty-day suspension. To date, respondent has not notified the SEC that he
has completed the required training. Respondent has neither filed exceptions to the recommended penalty,
nor instituted an appeal of the SEC’s underlying finding of violation pursuant to N.J.A.C. 6A:4-1 et seq.
Upon review, the Commissioner concurs with the penalty recommended by the SEC for respondent’s
failure to timely honor an obligation placed upon school officials by law. Accordingly, respondent is removed
from the Board for violating the School Ethics Act.
IT IS SO ORDERED.1
ACTING COMMISSIONER OF EDUCATION
Date of Decision: January 23, 2024
Date of Mailing: January 24, 2024
1 This decision may be appealed to the Appellate Division of the Superior Court pursuant to N.J.S.A. 18A:6-9.1.
Under N.J.Ct.R. 2:4-1(b), a notice of appeal must be filed with the Appellate Division within 45 days from the date of
mailing of this decision.
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Before the School Ethics Commission
Docket No.: T13-23
Decision for Failure to Complete Mandatory Training
Requirement in a Timely Manner
I/M/O Christopher Murray,
Fair Haven Borough Board of Education, Monmouth County
I. 	Procedural History
This matter arises from an Order to Show Cause (OTSC) that was issued by the School Ethics
Commission (Commission) in connection with the above-captioned matter at its meeting on November
28, 2023, directing Christopher Murray (Respondent), a “board member” as defined in N.J.S.A. 18A:12-
23 of the School Ethics Act (Act), N.J.S.A. 18A:12-21 et seq., to show cause as to why the Commission
should not find Respondent in violation of the Act, for failing to complete training as required by N.J.S.A.
18A:12-33 and N.J.A.C. 6A:28-4.1.
In the OTSC that was served on November 28, 2023, the Commission notified Respondent that he
had twenty (20) days to respond to the OTSC. Respondent was further advised that failure to respond
would be deemed an admission of the facts set forth in the OTSC, and the Commission may take action
on a summary basis, in accordance with N.J.A.C. 6A:28-1.6(c).
II. 	Analysis
The Act was enacted by the New Jersey State Legislature to ensure and preserve public confidence
in members of local boards of education and local school administrators. N.J.S.A. 18A:12-33 and N.J.A.C.
6A:28-4.1 require every board member to complete a training program prepared and offered by the New
Jersey School Boards Association (NJSBA).
Respondent is a member of the Fair Haven Borough Board of Education, located in Monmouth
County. As a result of his position as a board of education member, and in accordance with N.J.S.A.
18A:12-33 and N.J.A.C. 6A:28-4.1, Respondent is required to complete a mandated training program on
an annual basis. For convenience and ease, the training is offered online so any board member may
complete it at any time, from anywhere. According to NJSBA, Respondent was required to complete the
Governance 2 training program by December 31, 2022.
On or about September 19, 2023, the NJSBA provided the Commission with the names of those
board of education members who failed to complete mandated training by December 31, 2022, and the list
provided included Respondent. Prior to that time, multiple communications about mandated training were
sent to Respondent from the NJSBA through a variety of means, including targeted e-mail messages on
March 17, 2023, and May 8, 2023, as well as postings in School Board Notes on 12 occasions.
Notwithstanding all of these communications, Respondent did not complete mandated training.
As a final warning, the Commission’s staff sent e-mails to Respondent dated October 24, 2023,
and November 15, 2023, advising Respondent that the Commission required completion of the training by
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November 17, 2023, to avoid the issuance of an OTSC for non-compliance. Again, notwithstanding this
correspondence, Respondent did not complete the required training. As a result, an OTSC was issued by
the Commission at its meeting on November 28, 2023.
To date, there is no dispute that Respondent did not complete his required training by December
31, 2022, and did not complete the training prior to the Commission’s final deadline of November 17,
2023, and therefore, the Commission issued an OTSC at its meeting on November 28, 2023. After having
been served with the OTSC, Respondent failed to respond to the Commission’s OTSC as to why he did
not complete training by December 31, 2022, and also failed to complete training as required by N.J.S.A.
18A:12-33 and N.J.A.C. 6A:28-4.1.
III. 	Decision/Penalty Recommendation
N.J.A.C. 6A:28-4.2(d) provides that school board members and charter school trustees who fail to
comply with their training mandate shall be considered in violation of N.J.S.A. 18A:12-33. Based on the
record as set forth above, at its meeting on December 19, 2023, the Commission found that Respondent
violated N.J.S.A. 18A:12-33. Respondent received repeated notifications of his training requirement, and
had ample opportunity to complete the mandated training in a timely fashion; nonetheless, Respondent
failed to complete training as required.
Where a violation of the Act is found by the Commission, it may recommend to the Commissioner
of Education that a penalty be imposed. The recommended penalty can include a reprimand, censure,
suspension or removal of the school official. N.J.A.C. 6A:28-9.11. Specifically, unless good cause is
shown or the school official previously has been the subject of an OTSC, “the Commission shall
recommend that a board member or trustee who completes training after the Commission issues its
decision, but before the Commissioner issues a final decision, receives a suspension for 30 days.”
N.J.A.C. 6A:28-4.3(c). However, “the Commission will recommend this penalty only if the board member
or the trustee provides to the [NJSBA] and the Commission written notice before the Commissioner
issues a final decision.” Ibid. If the board member or trustee fails to complete training as of the date the
Commissioner issues its final decision, the Commission will recommend removal of the board member or
trustee from his or her position. N.J.A.C. 6A:28-4.3(d).
For the reasons set forth above, the Commission recommends that the Commissioner of Education
impose a penalty of removal, with such removal to become effective immediately upon issuance of the
Commissioner 	of 	Education’s 	decision. 	However, 	if 	Respondent 	completes 	training 	before 	the
Commissioner of Education adopts a final decision (which will be within forty-five (45) days after the
mailing date of this decision), then the Commission recommends that the Commissioner of Education, in
lieu of removal, impose a thirty (30) day suspension, with such suspension to become effective
immediately upon issuance of the Commissioner of Education’s decision, provided the board member or
trustee provides written notice of successful completion of the training requirement.
Pursuant to N.J.S.A. 18A:12-29(c), this decision shall be forwarded to the Commissioner of
Education for review of the Commission’s recommended penalty. Respondent may either: 1) file
exceptions to the recommended sanction; 2) file an appeal of the Commission’s finding of a violation; or
3) file both exceptions to the recommended sanction together with an appeal of the finding of a violation.
Parties taking exception to the recommended sanction of the Commission but not disputing the
Commission’s finding of a violation may file, within thirteen (13) days from the date the Commission’s
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decision is forwarded to the Commissioner, written exceptions regarding the recommended penalty to the
Commissioner. The forwarding date shall be the mailing date to the parties, as indicated below. Such
exceptions must be forwarded to: Commissioner of Education, c/o Bureau of Controversies and Disputes,
P.O. Box 500, Trenton, New Jersey 08625, marked “Attention: Comments on Ethics Commission
Sanction.” as well as to (ControversiesDisputesFilings@doe.nj.gov). A copy must also be sent to the
Commission (school.ethics@doe.nj.gov) and all other parties.
Parties seeking to appeal the Commission’s finding of violation must file an appeal pursuant to the
standards set forth at N.J.A.C. 6A:4:1 et seq. within thirty (30) days of the filing date of the decision
from which the appeal is taken. The filing date shall be three (3) days after the date of mailing to the
parties, as shown below. In such cases, the Commissioner’s review of the Commission’s recommended
sanction will be deferred and incorporated into the Commissioner’s review of the finding of violation on
appeal. Where a notice of appeal has been filed on or before the due date for exceptions to the
Commission’s recommended sanction (thirteen (13) days from the date the decision is mailed by the
Commission), exceptions need not be filed by that date, but may be incorporated into the appellant’s
briefs on appeal.
______________________________
Robert W. Bender, Chairperson
Mailing Date: December 19, 2023
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Resolution Adopting Decision for Failure to Complete Mandatory
Training Requirement in a Timely Manner
Docket No.: T13-23
Whereas, Christopher Murray (Respondent) is a “board member” as defined in N.J.S.A. 18A:12-23 of
the School Ethics Act (Act); and
Whereas, as a board member, Respondent is required to complete a training program prepared and
offered by the New Jersey School Boards Association (NJSBA) on an annual basis; and
Whereas, Respondent failed to complete his training program by December 31, 2022; and
Whereas, at its meeting on November 28, 2023, the School Ethics Commission (Commission) issued
an Order to Show Cause (OTSC) directing Respondent to show cause as to why he failed to complete his
mandatory training by December 31, 2022, as required by N.J.S.A. 18A:12-33 and N.J.A.C. 6A:28-4.1; and
Whereas, after having been served with the OTSC, Respondent failed to respond to the Commission’s
OTSC as to why he did not complete training by December 31, 2022, and also failed to complete training as
required by N.J.S.A. 18A:12-33 and N.J.A.C. 6A:28-4.1; and
Whereas, at its meeting on December 19, 2023, the Commission found that Respondent violated
N.J.S.A. 18A:12-33 and N.J.A.C. 6A:28-4.1 by failing to complete the training requirement he was obligated to
complete; and
Whereas, at its meeting on December 19, 2023, the Commission recommended that the Commissioner
of Education impose a penalty of removal, with such removal to become effective immediately upon issuance
of a final decision by the Commissioner of Education. However, if Respondent completes training before the
Commissioner of Education adopts a final decision (which will be within forty-five (45) days after the mailing
date of this decision), then the Commission recommends that the Commissioner of Education, in lieu of
removal, impose a thirty (30) day suspension, with such suspension to become effective immediately upon
issuance of a final decision by the Commissioner of Education, provided the board member or trustee provides
written notice of the successful completion of the training requirement; and
Whereas, at its meeting on December 19, 2023, the Commission agreed that the within decision
accurately memorializes its findings and recommendations; and
Now Therefore Be It Resolved, that the Commission hereby adopts the within decision and directs its
staff to notify all parties to this action of the decision.
_____________________________
Robert W. Bender, Chairperson
I certify that the within Resolution was duly adopted
by the School Ethics Commission at its public meeting
on December 19, 2023.
_____________________________
Brigid C. Martens, Director
School Ethics Commission

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