Board of Education of the Borough of Kinnelon, Morris County v. Karen D’Amico, 1/8/2024, (#10-24)

OAL Dkt. No. EDU 04830-21, 10023-21 (on remand)
Agency Dkt. No. 43-3/21
Appellate Division Dkt. No. A-2764-21
New Jersey Commissioner of Education
Final Decision
Board of Education of the Borough of
Kinnelon, Morris County,
Petitioner,
v.
Karen D’Amico,
Respondent.
In this matter, the Kinnelon Board of Education (Board) contended that respondent Karen
D’Amico had a direct or indirect interest in a substantial financial claim against the Board in
violation of N.J.S.A. 18A:12-2 and was therefore disqualified from serving as a Board member. The
Commissioner previously found that respondent had a claim for monetary relief against the Board
that precluded her continued service as a board member. Bd. of Educ. of the Borough of Kinnelon,
Morris Co. v. Karen D’Amico, Commissioner Decision No. 58-22 (April 1, 2022). Respondent
appealed, and the Appellate Division of the Superior Court found that because respondent had not
filed a due process request for tuition reimbursement, the line that would require disqualification
from the Board had not been crossed. Accordingly, the Appellate Division reversed and remanded
the matter to the Commissioner.
Following the remand, respondent notified the Commissioner that her term on the Board
was expiring in December 2023 and that this matter was therefore moot.
10-24

2
Upon review, the Commissioner concludes that this matter is moot due to the expiration of
respondent’s term on the Board. Accordingly, no further proceedings are necessary, and the
petition of appeal is hereby dismissed.
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.
January 8, 2024
January 10, 2024