BOARD OF EDUCATION OF THE WESTWOOD REGIONAL SCHOOL DISTRICT, BERGEN COUNTY V. RUSSELL MILLER, 4/7/14, (#145-14)

#145-14 (OAL Decision: http://njlaw.rutgers.edu/collections/oal/html/initial/edu06392-13_1.html)
BOARD OF EDUCATION OF THE 	:
WESTWOOD REGIONAL SCHOOL
DISTRICT, BERGEN COUNTY, 	:
PETITIONER, 	:
V. 	: 	COMMISSIONER OF EDUCATION
RUSSELL MILLER, 	: 	DECISION
RESPONDENT. 	:
_______________________________________
SYNOPSIS
The petitioning Board sought a declaratory ruling that respondent, Russell Miller, is ineligible to
serve as a member of the Board due to a conflict of interest prohibited by N.J.S.A. 18A:12-2.
Respondent, who was elected to the Westwood Board of Education in November 2012, is either
an owner or employee of a company – Westwood Truck Center – that has provided vehicle
maintenance services to the Board since at least 2004. Both parties argued that the dispositive
issue in this matter is whether the respondent owns Westwood Truck Center.
The ALJ found that: N.J.S.A. 18A:12-2 governs this dispute, as the New Jersey Supreme Court
has held that N.J.S.A. 18A:12-2 imposes ongoing qualifications for membership on a board of
education, and the provisions of the subsequently-enacted School Ethics Act do not supersede
N.J.S.A. 18A:12-2; 	regardless of whether respondent is an owner or employee of Westwood
Truck Center, an impermissible conflict of interest existed under the regulations; however, the
disqualifying conflict of interest was cured, and thereby mooted, when the contract with
Westwood Truck Center terminated on June 30, 2013; and after that date, no conflict of interest
existed. 	Accordingly, because the contract has been terminated, the ALJ concluded that the
respondent is not required to forfeit his seat on the Board.
The Commissioner 	concurred 	with 	the ALJ’s 	findings 	and 	conclusion, 	and 	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 7, 2014

OAL DKT. NO. EDU 6392-13
AGENCY DKT. NO. 57-3/13
BOARD OF EDUCATION OF THE 	:
WESTWOOD REGIONAL SCHOOL
DISTRICT, BERGEN COUNTY, 	:
PETITIONER, 	:
V. 	: 	COMMISSIONER OF EDUCATION
RUSSELL MILLER, 	: 	DECISION
RESPONDENT. 	:
_______________________________________
The record of this matter and the Initial Decision of the Office of Administrative
Law have been reviewed. The parties did not file exceptions to the Initial Decision.
Upon such review, the Commissioner concurs with the Administrative Law Judge
(ALJ) that the respondent, Russell Miller, had an impermissible and disqualifying conflict of
interest pursuant to N.J.S.A. 18A:12-2 when he was sworn in as a member of the Westwood
Regional Board of Education (Board). 	The Commissioner is also in accord with the ALJ’s
determination that the disqualifying conflict of interest was cured, and thereby mooted, once the
Board’s contract with Westwood Trucking Center terminated on June 30, 2013. 	Accordingly,
the recommended decision of the ALJ is adopted for the reasons expressed therein.
IT IS SO ORDERED.*
ACTING COMMISSIONER OF EDUCATION
Date of Decision: 	April 7, 2014
Date of Mailing: 	April 8, 2014
* 	This decision may be appealed to the Superior Court, Appellate Division, pursuant to P.L. 2008, c. 36
(N.J.S.A. 18A:6-9.1).