In the Matter of Nidia Guerrero, East Newark Board of Education, Hudson County, 4/7/26 (#126-26SEC)

126-26SEC
Agency Dkt. No. 16-11/25A
SEC Dkt. No. D01-25
New Jersey Commissioner of Education
Final Decision
In the Matter of Nidia Guerrero, East Newark
Board of Education, Hudson County
The record of this matter and the October 28, 2025 decision of the School Ethics
Commission (SEC) have been reviewed. The SEC found that respondent Nidia Guerrero – a
member of the East Newark Board of Education (Board) – violated the School Ethics Act (Act) for
failure to timely file complete Disclosure Statements as required by N.J.S.A. 18A:12-25, N.J.SA.
18A:12-26, and N.J.A.C. 6A:28-3.1. The SEC recommended a penalty of removal for the violation.
Alternatively, if respondent filed complete Disclosure Statements before the issuance of the
Commissioner’s final decision, the SEC recommended a sanction of a 60-day suspension. The SEC
notified the Commissioner on November 3, 2025 that respondent’s Disclosure Statements had
been approved. Respondent does not appeal the SEC’s underlying finding of violation pursuant
to N.J.A.C. 6A:4-1 et seq., but she has filed exceptions to the recommended penalty.1
In her exceptions, respondent argues that a 60-day suspension is an unduly harsh penalty
and that the SEC placed disproportionate weight on a prior 30-day suspension related to her
board member training requirement, which is unrelated to the current matter. Respondent
points to other cases where board members were only suspended for 30 days for violations
related to Disclosure Statements. Respondent contends that her short tenure as a new board
1 Respondent initially submitted a Notice of Appeal regarding the SEC’s finding of violation, but she later indicated
that she was only filing exceptions to the recommended penalty and not pursuing an appeal of the SEC’s determination.

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member is a mitigating factor that warrants the imposition of a lesser penalty, characterizing her
actions as those of someone still learning the administrative requirements imposed on board
members rather than someone engaging in unethical conduct causing serious harm to the public.
Respondent notes that she acted promptly to cure the issues with her Disclosure Statements
each time she was notified of them.
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. The record
reflects that the SEC sent multiple communications to both the Board Secretary and to
respondent between July and September 2025, advising that that respondent’s filing had been
rejected as deficient and that the SEC could issue an Order to Show Cause (OTSC); contrary to
respondent’s argument that she acted promptly when she received notices of the deficiencies,
respondent did not cure the deficiencies or respond to the SEC’s communications. The SEC issued
its OTSC on September 23, 2025; respondent did not respond to the OTSC or correct the
Disclosure Statements. Respondent provides no explanation for her failure to respond to any of
these notices. Although a short tenure as a board member may have been a mitigating factor in
matters involving other types of misconduct, it is not an excuse for failing to comply with these
straightforward requirements, particularly when respondent was repeatedly reminded of her
obligations by the SEC.
Furthermore, N.J.A.C. 6A:28-3.3(c) provides for an increased penalty when a board
member has previously been the subject of an OTSC. There is nothing in that provision limiting
it to situations in which the previous OTSC was for the same conduct currently being reviewed,
and the Commissioner finds that the prior OTSC for failure to complete board member training

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is precisely the type of previous OTSC that N.J.A.C. 6A:28-3.3 refers to. Respondent’s argument
that other board members have only been subject to 30-day penalties for Disclosure Statement
violations is unavailing, as those board members had not previously been the subject of an OTSC,
as respondent was. Nor is it relevant that both OTSCs issued against respondent arose out of
failures to comply with the same April 30 deadline, which applies to both the training
requirement and the Disclosure Statements. The training and disclosure obligations placed on
board members are two separate requirements, and failing to complete both in a timely manner
constitutes two separate violations of the Act.
Accordingly, respondent is hereby suspended from the Board for 60 days as a school
official found to have violated the School Ethics Act.
IT IS SO ORDERED.2
COMMISSIONER OF EDUCATION
Date of Decision: April 7, 2026
Date of Mailing: April 7, 2026
2 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.

Before the School Ethics Commission
Docket No.: D01-25
Decision for Failure to File Complete Personal/Relative and
Financial Disclosure Statements
I/M/O Nidia Guerrero,
East Newark Board of Education, Hudson 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 September 23, 2025, directing Respondent,1 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 	her 	in 	violation 	of 	the 	Act 	for 	failing 	to 	file 	complete
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 September 23, 2025, the Commission notified Respondent that she
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. 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).
When it is determined that a school official’s otherwise timely filed Disclosure Statements are
incorrect or incomplete, the filing shall be returned to the school official, and she shall have twenty (20) days
from receipt of the returned filing to correct and/or complete the Disclosure Statements, and to resubmit them
to the local board secretary or charter school designee. N.J.A.C. 6A:28-3.4(a), N.J.A.C. 6A:28-3.4(b). At the
expiration of twenty (20) days, or upon receipt of a filing which continues to fail to provide the information
required by N.J.S.A. 18A:12-25 and/or N.J.S.A. 18A:12-26, the Commission shall issue an Order to Show
Cause, directing the school official to show cause as to why the Commission should not impose a sanction.
N.J.A.C. 6A:28-3.4(c). If the school official fails to submit a response within twenty (20) days, or if school
official fails to properly file, “the Commission may regard the school official’s incomplete filing as a failure to
1 On June 17, 2025, Respondent was issued a 30-day Suspension for failing to complete mandatory training (T15-25). On
August 8, 2025, the Commissioner of Education issued a decision that concurred, and therefore, Respondent was subsequently
suspended for 30 days.

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file, and the Commission shall proceed in accordance with N.J.A.C. 6A:28-3.3.” N.J.A.C. 6A:28-3.4(d). As set
forth in N.J.A.C. 6A:28-3.3(a), 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.”
With the above in mind, Respondent is a returning school official and, therefore, was required to file
complete Disclosure Statements by April 30, 2025. Although Respondent filed Disclosure Statements on May
8, 2025, after the required deadline, her filing was rejected. Even though Respondent received reminders as
further detailed below, Respondent failed to file complete Disclosure Statements.
More specifically, throughout the months of July through September, the Commission’s staff sent
repeated messages to the Board Secretary advising that Respondent had not yet filed Disclosure Statements.
The electronic correspondence to the Board Secretary further advised that if Respondent failed to file
Disclosure Statements, the Commission had the authority to issue an OTSC, find Respondent in violation of
the Act, and recommend a penalty up to and including removal for non-compliance.
In addition, by electronic correspondence dated August 14, 2025, and September 9, 2025, Respondent
was reminded that she did not file complete Disclosure Statements. Respondent was further advised that
continued failure to file complete Disclosure Statements would result in the Commission issuing an OTSC,
and recommending a penalty, up to and including removal.
When Respondent failed to file complete 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
September 23, 2025. After having been served with the OTSC, Respondent still failed to file complete
Disclosure Statements, or to otherwise respond to the OTSC.
III. 	Decision/Penalty Recommendation
Based on the record as set forth above, and at its meeting on October 28, 2025, 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 she did not
file complete Disclosure Statements. In addition, in June 2025, Respondent was issued a 30-day suspension for
failing to complete her required training.
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:28-9.11.
Specifically, unless good cause is shown or the school official previously has been the subject of an OTSC,
“the Commission shall recommend that a school official who completes and files the disclosure statements
after the Commission issues a decision, but before the Commissioner issues a final decision, receives a
suspension for 30 days.” N.J.A.C. 6A:28-3.3(d). However, “the Commission will only recommend this penalty
if the school official notifies the Commission, in writing, that the school official successfully completed and
filed the disclosure statements before the Commissioner issues a final decision.” N.J.A.C. 6A:28-3.3(d). If the
school official has not filed the disclosure statements as of the date the Commissioner issues its final decision,
the Commission will recommend removal of the school official from his or her position. N.J.A.C. 6A:28-
3.3(e).
For the reasons set forth above, and given that Respondent was previously the subject of an OTSC and
a 30-day suspension was imposed, the Commission recommends that the Commissioner of Education impose
a 	penalty 	of 	removal, 	with 	such 	removal 	to 	become 	effective 	immediately 	upon 	adoption 	by 	the
Commissioner of Education. However, if Respondent files Disclosure Statements before the Commissioner of
Education adopts a final decision, then the Commission recommends that the Commissioner of Education, in
lieu of removal, impose a sixty (60) day suspension, with such suspension to become effective immediately

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upon adoption by the Commissioner of Education, provided the school official provides written notice that the
disclosure statement has been completed and filed.
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 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.” 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 brief on appeal.
______________________________
Robert W. Bender, Chairperson
Mailing Date: October 28, 2025

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Resolution Adopting Decision for Failure to File Complete Personal/Relative and
Financial Disclosure Statements
Docket No.: D01-25
Whereas, Respondent is a “school official,” as defined in N.J.S.A. 18A:12-23 of the School Ethics Act
(Act); and
Whereas, as a school official, Respondent was required to file Personal/Relative and Financial Disclosure
Statements (Disclosure Statements) by April 30, 2025; and
Whereas, Respondent failed to file complete Disclosure Statements within the statutorily required
timeframe; and
Whereas, at its meeting on September 23, 2025, the School Ethics Commission (Commission) issued an
Order to Show Cause (OTSC) directing Respondent to show cause why she failed to file complete 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; and
Whereas, Respondent failed to file complete Disclosure Statements following issuance of the OTSC; and
Whereas, Respondent failed to file a response to the OTSC; and
Whereas, at its meeting on October 28, 2025, 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 by failing to file complete Disclosure Statements; and
Whereas, Respondent has previously been issued a 30-day Suspension for failing to complete mandatory
training; and
Whereas, at its meeting on October 28, 2025, the Commission recommended that the Commissioner of
Education impose a penalty of removal, with such removal to become effective immediately upon adoption by the
Commissioner 	of 	Education. 	However, 	if 	Respondent 	files 	complete 	Disclosure 	Statements 	before 	the
Commissioner of Education adopts a final decision, then the Commission recommends that the Commissioner of
Education, in lieu of removal, impose a sixty (60) day suspension, with such suspension to become effective
immediately upon adoption by the Commissioner of Education, provided the school official provides written notice
that the disclosure statement has been completed and filed; and
Whereas, at its meeting on October 28, 2025, 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 hereby certify that the within Resolution
was duly adopted by the School Ethics Commission
at its meeting on October 28, 2025.
_____________________________
Brigid C. Martens, Director
School Ethics Commission