STEPHEN BROWN, CAROL LISA AND GLENN GARRISON V. DAVID MATTHEWS, BOARD MEMBER (BOARD OF EDUCATION OF THE CITY OF ENGLEWOOD, BERGEN COUNTY), 4/14/09, (#123-09A)

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#123-09A (School Ethics Decision: http://www.nj.gov/education/legal/ethics/2005/C13-07.pdf)
SCHOOL ETHICS COMMISSION DKT. NO. C13-07
AGENCY DOCKET NO. 14-11/08A
STEPHEN BROWN, CAROL LISA 	:
AND GLENN GARRISON,
:
PETITIONERS,
:
V. 	COMMISSIONER OF EDUCATION
:
DAVID MATTHEWS, BOARD OF EDUCATION 	DECISION
OF THE CITY OF ENGLEWOOD, 	:
BERGEN COUNTY,
:
RESPONDENT.
:
Decision issued by the School Ethics Commission, October 28, 2008
For the Respondent-Appellant, Schwartz, Simon, Edelstein, Celso
and Kessler, LLC (Marc H. Zitomer, Esq.)
For the Complainants-Respondents, Schenck, Price, Smith & King, LLP
(Sidney A. Sayovitz, Esq.)
Upon a comprehensive consideration of the record and the parties’
submissions on appeal, and cognizant of the applicable standard of review in this matter,1
1 “In determining appeals from decisions of …the School Ethics Commission…, the Commissioner shall ascertain
whether the decision is supported by sufficient credible evidence in the record and shall not disturb the decision
unless the appellant has demonstrated that the …Commission acted in a manner that was arbitrary, capricious or
contrary to law.” N.J.A.C. 6A:4-4.1(a)
the Commissioner affirms the decision of the School Ethics Commission – for the
reasons 	expressed 	therein 	– 	that 	the 	appellant 	violated 	N.J.S.A. 	18A:12-24.1,
Code of Ethics for School Board Members, (d) when he attended the January 4, 2007
meeting with Bergen Tech without Board authorization, (e) as a consequence of his
interactions with respect to Ms. Mullins; and (i) as a result of his refusal to cooperate

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with affirmative action officer Ms. Finn-Bruce’s investigation and his making statements
of 	an 	offensive 	nature 	to 	her. 	The 	Commissioner, 	additionally, 	adopts 	the
recommendation of the School Ethics Commission – for the reasons stated in its decision
– that the appropriate sanction under the circumstances is a censure.
IT IS SO ORDERED.*
* This decision may be appealed to the Appellate Division of the Superior Court pursuant to P.L. 2008, c. 36.
COMMISSIONER OF EDUCATION
Date of Decision: April 14, 2009
Date of Mailing: 	April 15, 2009