In the Matter of Israel Varela and Kenneth Puccio, Board of Education of the City of Perth Amboy, Middlesex County, 6/18/19, (#153-19SEC)

153-19SECNjcommned

Testo completo

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153-19SEC(SEC Decision:https://www.state.nj.us/education/legal/ethics/2019/C17-12,%20C18-12,%20C21-12%20Consolidated.pdf )
New Jersey Commissioner of Education
Final Decision
In the Matter of Israel Varela and
Kenneth Puccio, Perth Amboy Board of
Education, Middlesex County.
Synopsis
The School Ethics Commission (Commission) found that respondent Israel Varela – a member
of 	the 	Perth 	Amboy 	Board 	of 	Education 	(Board) 	– 	violated 	several 	provisions 	of
N.J.S.A. 18A:12-24.1, the Code of Ethics for School Board Members (Code), when he failed on
multiple occasions to comply with the procedures detailed in the school district’s Visitor Policy,
thereby persistently ignoring mandated school security practices. Additionally, the Commission
found that Mr. Varela also violated several provisions of the Code when – in regard to improper
meetings with Hector Muniz, a school secretary – he became involved in the day-to-day
functions and responsibilities of school personnel, conducted a private and unauthorized
investigation, made promises to employees, and sought to obtain information in a private setting
with the purpose of undermining school personnel. As Mr. Varela is no longer a member of the
Board, the Commission recommended a penalty of censure in this matter.
Upon review, the Commissioner preliminarily found that the consolidated matter concerning
Kenneth Puccio has been appealed, and will therefore be the subject of a separate decision to be
issued under Agency Docket No. 4/4-19A at a later date. In regard to the matter concerning
Israel 	Varela, 	the 	Commissioner 	concurred 	that 	censure 	is 	the 	appropriate 	penalty 	for
the violation found. 	Accordingly, the Commissioner directed that respondent be censured as a
school official found to have violated the School Ethics Act.
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.
June 18, 2019
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SEC Dkt Nos. C17-12, C18-12, and C21-12 (Consolidated)
OAL Dkt. Nos. EEC 13642-12, EEC 13643-12, and EEC 13644-12
Agency Dkt. No. 106-5/19
New Jersey Commissioner of Education
Final Decision
In the Matter of Israel Varela and
Kenneth Puccio, Perth Amboy Board of
Education, Middlesex County.
The Commissioner has reviewed the record of this matter and the May 2, 2019
decision of the School Ethics Commission (Commission). 	The Commission found that respondent
Israel Varela, a member of the Perth Amboy Board of Education, violated the following provisions of
the Code of Ethics for School Board Members: N.J.S.A. 18A:12-24(b), N.J.S.A. 18A:12-24.1(d),
and N.J.S.A. 18A:12-24.1(i) in connection with violations of the district’s visitor policy; and
N.J.S.A. 18A:12-24.1(d), N.J.S.A. 18A:12-24.1(e), N.J.S.A. 18A:12-24.1(i), and N.J.S.A. 18A:12-
24.1(j) in connection with improper interference relating to meetings with Hector Muniz.1 	The
Commission recommended a penalty of censure for the violation. The Commission’s decision was
forwarded to the Commissioner for final determination on the recommended penalty pursuant to
N.J.S.A. 18A:12-29(c). 	Respondent Israel Varela has neither filed exceptions to the recommended
penalty nor instituted an appeal, pursuant to N.J.A.C. 6A:4-1 et seq., of the Commission’s underlying
finding of violation.
1 The Commission’s May 2, 2019 decision also contains findings of fact and legal conclusions regarding Respondent
Kenneth Puccio, whose matter was consolidated with Mr. Varela’s due to the similarity of the legal issues and
evidence. Mr. Puccio has appealed the Commission’s decision pursuant to N.J.A.C. 6A:4-1 et seq.; therefore, this
decision only pertains to respondent Israel Varela (SEC Docket Nos. C17-12 and C18-12; OAL Docket. Nos. EEC
13462-12 and EEC 13463-12). 	The Commissioner will issue a separate decision regarding Mr. Puccio’s appeal
under Agency Docket No. 4/5-19A.
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Upon review, the Commissioner concurs with the penalty recommended by the
Commission for respondent’s failure to comply with the district’s visitor policy and for his improper
interference in the day to day functions of school personnel.
Accordingly, respondent is hereby censured as a school official found to have
violated the School Ethics Act.
IT IS SO ORDERED.2
COMMISSIONER OF EDUCATION
Date of Decision: 	June 18, 2019
Date of Mailing: 	June 19, 2019
2 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).

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