In the Matter of Katheryn Weller-Demming, Montclair Board of Education, Essex County, 1/10/25 (#10-25SEC)

10-25SEC
SEC Dkt. No. D02-24
Agency Dkt. No. 371-11/24
New Jersey Commissioner of Education
Final Decision
In the Matter of Katheryn Weller-Demming,
Montclair Board of Education, Essex County
The Commissioner has reviewed the record of this matter and the decision of the School Ethics Commission
(SEC) finding that respondent violated the School Ethics Act for failure to timely file Personal/Relative and Financial
Disclosure Statements (“Disclosure Statements”) in accordance with N.J.S.A. 18A:12-25, N.J.S.A. 18A:12-26, and N.J.A.C.
6A:28-3.1. The SEC’s decision was forwarded to the Commissioner for final determination on the recommended penalty
pursuant to N.J.S.A. 18A:12-29(c). The SEC recommended a sanction of removal effective upon the adoption of the
decision by the Commissioner. Alternatively, if the respondent filed the Disclosure Statements before the issuance of
the Commissioner’s final decision and notified the SEC accordingly, the SEC recommended a sanction of a thirty-day
suspension. To date, respondent has not notified the SEC that she has filed the Disclosure Statements. Respondent has
neither filed exceptions to the recommended penalty, nor instituted an appeal of the SEC’s underlying finding of
violation pursuant to N.J.A.C. 6A:4-1 et seq.
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. Accordingly, respondent is removed from the Board for
violating the School Ethics Act.
IT IS SO ORDERED.1
ACTING COMMISSIONER OF EDUCATION
Date of Decision: 	January 10, 2025
Date of Mailing: 	January 13, 2025
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.

Before the School Ethics Commission
Docket No.: D02-24
Decision for Failure to File Personal/Relative and
Financial Disclosure Statements
I/M/O Katheryn Weller-Demming,
Montclair Board of Education, Essex 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 October 22, 2024, directing Respondent, 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 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 October 22, 2024, 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).
If a school official fails to file the required Disclosure Statements, the Commission is
authorized, pursuant to N.J.A.C. 6A:28-3.3(b), to issue an Order to Show Cause. Moreover,
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.” N.J.A.C.
6A:28-3.3(a).

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With the above in mind, Respondent is a returning school official and, therefore, was
required to file Disclosure Statements by April 30, 2024. Despite this fact, and even though
Respondent received reminders as further detailed below, Respondent failed to file Disclosure
Statements within the statutorily required timeframe.
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 October 2, 2024, and October 9, 2024,
Respondent was reminded that her Disclosure Statements had not yet been filed. Respondent was
further 	advised 	that 	continued 	failure to 	file 	Disclosure Statements 	would 	result 	in 	the
Commission issuing an OTSC, and recommending a penalty, up to and including removal.
When Respondent failed to file 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 October 22, 2024. After having been served with the OTSC, Respondent still failed
to file 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 November 26, 2024, 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 timely file Disclosure Statements.
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, 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 thirty (30) day
suspension, with such suspension to become effective immediately upon adoption by the

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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: November 26, 2024

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Resolution Adopting Decision for Failure to File Personal/Relative and
Financial Disclosure Statements
Docket No.: D02-24
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, 2024; and
Whereas, Respondent failed to file Disclosure Statements within the statutorily required
timeframe; and
Whereas, 	at 	its 	meeting 	on 	October 	22, 	2024, 	the 	School 	Ethics 	Commission
(Commission) issued an Order to Show Cause (OTSC) directing Respondent to show cause why
she failed to file 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 her Disclosure Statements following issuance of the
OTSC; and
Whereas, Respondent failed to file a response to the OTSC; and
Whereas, at its meeting on November 26, 2024, 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
Disclosure Statements; and
Whereas, at its meeting on November 26, 2024, 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
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
thirty (30) 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 November 26, 2024, 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

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I hereby certify that the within Resolution
was duly adopted by the School Ethics Commission
at its meeting on November 26, 2024.
_____________________________
Brigid C. Martens, Director
School Ethics Commission