In the Matter of Michael Smith, Board of Trustees of the Gray Charter School, Essex County, 10/24/22, (#274-22SEC)

New Jersey Commissioner of Education
Final Decision
In the Matter of Michael Smith,
Board of Trustees of the Gray Charter School,
Essex County.
The Commissioner has reviewed the record of this matter and the decision of the
School Ethics Commission (SEC), finding that respondent violated the School Ethics Act for
failure to timely file Personal/Relative and Financial Disclosure Statements (“Disclosure
Statements”) in accordance with N.J.S.A. 18A:12-25, N.J.S.A. 18A:12-26, and N.J.A.C. 6A:28-3.1.
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 advises that respondent
ultimately filed the Disclosure Statements after the issuance of the August 23, 2022 Order to
Show Cause but prior to the SEC’s September 14, 2022 meeting; therefore, a penalty of
reprimand is recommended. 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.
274-22SEC
SEC Dkt. No. D01-22
Agency Dkt. No. 239-9/22

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Accordingly, respondent is hereby reprimanded as a school official found that have violated the
School Ethics Act.
IT IS SO ORDERED.1
ACTING COMMISSIONER OF EDUCATION
Date of Decision:
Date of Mailing:
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.
October 24, 2022
October 24, 2022

Before the School Ethics Commission
Docket No.: D01-22
Decision for Failure to File Personal/Relative and
Financial Disclosure Statements
I/M/O Michael Smith,
The Gray Charter School, Essex County
I. 	Procedural History
This matter arises from an Order to Show Cause (OTSC) that was issued by the School
Ethics Commission (Commission) at its meeting on August 23, 2022, directing Respondent, a
“school official” 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 him in violation of
the Act for failing to file Personal/Relative and Financial Disclosure Statements (Disclosure
Statements) as required by N.J.S.A. 18A:12-25, N.J.S.A. 18A:12-26, and N.J.A.C. 6A:28-3.1.
In the OTSC that was served on August 23, 2022, the Commission notified Respondent
that he had twenty (20) days to respond to the OTSC, and further advised Respondent that failure
to respond would be deemed an admission of the facts set forth in the OTSC.1 Respondent was
also notified that, upon receipt of the response or upon expiration of the twenty (20) day time
period for so filing, the Commission may proceed to a determination of a violation on a summary
basis (i.e., without a hearing or further proceedings) in accordance with N.J.A.C. 6A:28-1.6(c),
which so permits when the material facts, as here, are not in dispute.
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. By virtue of
N.J.S.A. 18A:12-23.1, the breadth of the Act was expanded to include charter school trustees and
administrators.
Pursuant to N.J.S.A. 18A:12-25, N.J.S.A. 18A:12-26, and N.J.A.C. 6A:28-3.1(a), all
school officials must file, on forms prescribed by the Commission, Disclosure Statements with
their local board secretaries or charter school designees, and must do so on or before April 30th
of each year. In addition, all newly elected board members or board members appointed to fill
vacancies, 	newly 	appointed 	members 	of 	a 	board 	of 	trustees 	of 	a 	charter 	school, 	and
administrators appointed to fill a vacancy must file their Disclosure Statements within thirty (30)
days of appointment or taking office. N.J.A.C. 6A:28-3.1(c), N.J.A.C. 6A:28-3.1(d), N.J.A.C.
6A:28-3.1(e), and N.J.A.C. 6A:28-3.1(f).
1 In order to conduct business during the Coronavirus (COVID-19) pandemic, the Commission
implemented an electronic filing system, which remains a permissible method by which the Commission
and parties can effectuate service of process. Consequently, service of process was effectuated by the
Commission through electronic transmission only.

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If a school official fails to file the required Disclosure Statements, the Commission is
authorized, pursuant to N.J.A.C. 6A:28-3.3(b), to issue an Order to Show Cause. Moreover,
failure to timely file the required Disclosure Statements “shall constitute a violation of the … Act
and may result in the reprimand, censure, suspension or removal of a school official pursuant to
the recommendation of the Commission as acted upon by the Commissioner [of Education].”
N.J.A.C. 6A:28-3.3(a).
Based on the list of school officials prepared by The Gray Charter School Lead,
Respondent became a school official on or about November 8, 2021. Therefore, Respondent was
required to file his Disclosure Statements within thirty (30) days of his appointment. Despite this
fact, Respondent failed to file Disclosure Statements within the statutorily required timeframe.
Respondent 	also 	received 	reminders 	from 	the 	Commission 	to 	file his 	Disclosure
Statements. More specifically, by electronic correspondence dated July 1, 2022, and August 2,
2022, Respondent was reminded that his Disclosure Statements had not yet been filed.
Respondent was further advised that continued failure to file Disclosure Statements would result
in the Commission issuing an OTSC, and recommending a penalty, up to and including removal.
When Respondent failed to file Disclosure Statements as required by N.J.S.A. 18A:12-25,
N.J.S.A. 18A:12-26, and N.J.A.C. 6A:28-3.1, an OTSC was issued by the Commission at its
meeting on August 23, 2022. After having been served with the OTSC, Respondent filed his
Disclosure Statements on August 29, 2022, and also filed a response to the Commission’s OTSC.
More specifically, Respondent stated, “as a new Board Member, [he] was not aware of the
deadline for the annual Disclosure Statement[s]” and he “was not checking emails with any
regularity” because he was “devoted to planning for [his] wedding.” 	Importantly, Respondent
did not deny that he did not file his Disclosure Statements in a timely fashion.
III. 	Decision/Penalty Recommendation
Based on the record as set forth above, and at its special meeting on September 14, 2022,
the Commission found that Respondent violated N.J.S.A. 18A:12-25, N.J.S.A. 18A:12-26, and
N.J.A.C. 6A:28-3.1 because he did not timely file Disclosure Statements. Although Respondent
ultimately filed his Disclosure Statements, the filing was several months late, and submitted only
after 	multiple reminders 	were 	sent 	reiterating 	his 	statutory obligation 	to 	file Disclosure
Statements.
Where a violation of the Act is found by the Commission, it may recommend to the
Commissioner of Education that a penalty be imposed on the school official. The recommended
penalty can include a reprimand, censure, suspension or removal of the school official. N.J.A.C.
6A:28-3.3(a); 	N.J.A.C. 	6A:28-10.12. 	For 	the 	reasons 	set 	forth 	above, 	the 	Commission
recommends that the Commissioner of Education impose a penalty of reprimand.
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.

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Parties taking exception to the recommended penalty 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 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.”2 A copy of any comments filed
must 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 brief on appeal.
______________________________
Robert W. Bender, Chairperson
Mailing Date: September 14, 2022
2 An electronic submission may also be sent to controversiesdisputesfilings@doe.nj.gov.