In the Matter of Sheila Brogan, Board of Education of the Village of Ridgewood, Bergen County, 10/18/2023, (#311-23)

SEC Dkt. No. C71-20
OAL Dkt. No. EEC-04006-21
Agency Dkt. No. 8-7/23A
New Jersey Commissioner of Education
Final Decision
In the Matter of Sheila Brogan, Ridgewood Board
of Education, Bergen County.
This matter involves an appeal of a School Ethics Commission (Commission) decision issued
February 25, 2022, determining that appellant – a member of the Ridgewood Board of Education
(Board) – violated N.J.S.A. 18A:12-24(c) of the School Ethics Act by failing to recuse herself from
executive session on May 7, 2020, despite her personal interest in a lawsuit slated to be discussed.
The Commission recommended that appellant be censured for the violation. For the reasons
explained herein, the Commissioner holds that the appeal should be dismissed as untimely.
It is well-established that “any appeal of a determination of the School Ethics Commission
shall be to the Commissioner of Education whose determination shall be a final agency action ….and
appeal of that action shall be directly to the Appellate Division of the Superior Court.” N.J.S.A. 18A:12-
29.1. Consistent with this statutory requirement, page 8 of the Commission’s February 25, 2022,
decision states that “[p]arties seeking to appeal the Commission’s findings of violations must file an
appeal pursuant to the standards set forth at N.J.A.C. 6A:4, et seq., within thirty (30) days of the filing
date of the decision from which the appeal is taken.” Indeed, N.J.A.C. 6A:4-1.3(c) provides that
“[a]ppeals of School Ethics Commission decisions finding that a school official has violated the School
Ethics Act (Act), including the Code of Ethics for School Board Members, shall be made to the
311-23

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Commissioner in accordance with this chapter.” Such appeals “shall be filed within 30 days of the
filing date of the decision being appealed.” N.J.A.C. 6A:4-2.2(b).
Instead of appealing the Commission’s decision to the Commissioner, appellant filed an
appeal with the Superior Court of New Jersey, Appellate Division, on March 9, 2022. In the Matter of
Sheila Brogan, Ridgewood Board of Education, Bergen County, Dkt. No. A-1959-21 (June 21, 2023)
(slip op. at 4). Meanwhile, as the Commissioner had not received an appeal of the underlying
violation from appellant, the Commissioner reviewed the Commission’s recommended penalty of
censure as required pursuant to N.J.S.A. 18A:12-29(c). On April 14, 2022, the Commissioner issued a
final decision concurring with the recommended penalty and censuring appellant for violating the
Act. In the Matter of Sheila Brogan, Ridgewood Board of Education, Bergen County, Commissioner
Decision No. 79-22SEC (April 14, 2022). Over a year later, on June 21, 2023, the Appellate Division
dismissed appellant’s appeal for lack of jurisdiction. In re Brogan, slip op. at 4-5.1 Subsequently,
appellant filed the instant appeal to the Commissioner on July 10, 2023, challenging the underlying
violation.
Appellant contends that although her appeal to the Commissioner is untimely, it should be
considered “[i]n light of the directions on the Final Decision dated April 14, 2022.” Appellant’s brief,
at 5. That decision—a final agency decision of the Commissioner adopting the penalty recommended
by the Commission—states in a footnote that it may be appealed to the Appellate Division of the
Superior Court pursuant to N.J.S.A. 18A:6-9.1. Although it is uncontested that appellant filed her
appeal of the Commission’s decision with the Appellate Division on March 9, 2022, she now attempts
to convince the Commissioner that she only did so because of the instruction in the footnote of the
1 See N.J. Ct. R. 2:2-3(a)(2) (permitting appeals to the Appellate Division as of right from “final decisions or actions
of any state administrative agency or officer”).

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Commissioner’s April 14, 2022 final agency decision regarding the penalty. Given the undisputed fact
that her appeal to the Appellate Division was filed more than one month before the Commissioner’s
final agency decision was issued, this explanation is clearly disingenuous.
Furthermore, appellant has not established any unusual or compelling circumstances that
would warrant relaxation of the thirty-day filing deadline for appeals in the interest of justice. See
N.J.A.C. 6A:4-4.4(a) (explaining that Chapter 4 rules “shall be construed to secure a just
determination, simplicity of procedure, fairness in administration, and elimination of unnecessary
delay” and are subject to relaxation by the Commissioner when not mandated by statute “in his or
her discretion, if strict adherence to the rule is deemed inappropriate or unnecessary or would result
in injustice”).
Accordingly, appellant’s appeal of the Commission’s February 25, 2022, decision is dismissed
as untimely. The Commissioner’s April 14, 2022, final decision concurring with the penalty
recommended by the Commission and censuring appellant for violating the Act remains in full force
and effect.
IT IS SO ORDERED.2
ACTING COMMISSIONER OF EDUCATION
Date of Decision:
Date of Mailing:
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.
October 18, 2023
October 19, 2023