In the Matter of Matthew Walker, Holland Township Board of Education, Hunterdon County, 8/12/2022, (#197-22SEC)

SEC Dkt. No. T24-21
Agency Dkt. No. 167-6/22
New Jersey Commissioner of Education
Final Decision
In the Matter of Matthew Walker,
Board of Education of the Township of
Holland, Hunterdon 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 complete board member training in accordance with N.J.S.A. 18A:12-33 and
N.J.A.C. 6A:28-4.1. 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 completed the required training before the
issuance of the Commissioner’s final decision, the SEC recommended that respondent be
suspended for 30 days. Following the SEC’s June 28, 2022 decision, respondent provided proof
that he had completed the required training. 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 seq.
Upon review, the Commissioner concurs with the penalty recommended by the SEC for
respondent’s failure to timely honor an obligation placed upon board members by law.
197-22SEC

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Accordingly, as of the filing date of this decision, respondent is suspended from the board for
30 days for violating the School Ethics Act.
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.
August 12, 2022
August 12, 2022

1
Before the School Ethics Commission
Docket No.: T24-21
Amended Decision for Failure to Complete Mandatory Training
Requirement in a Timely Manner1
I/M/O Matthew Walker,
Holland Township Board of Education, Hunterdon 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 April 26, 2022, and also served on April 26, 2022, via
electronic mail.2 The OTSC directed Matthew Walker (Respondent), a “board member” 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 him in violation of the Act, for failing to complete training as
required by N.J.S.A. 18A:12-33 and N.J.A.C. 6A:28-4.1.
In the OTSC served on April 26, 2022, the Commission notified Respondent that he had twenty
(20) days to respond to the OTSC, and further advised that failure to respond would be deemed an
admission of the facts set forth in the OTSC. Respondent was also notified that, upon receipt of the
response or upon expiration of the twenty (20) day time period for so filing, the Commission may
proceed to a determination of a violation on a summary basis (i.e., without a hearing or further
proceedings) in accordance with N.J.A.C. 6A:28-1.6(c), which so permits when material facts are not
in dispute.
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. N.J.S.A. 18A:12-
33 and N.J.A.C. 6A:28-4.1 require every board member to complete a training program prepared and
offered by the New Jersey School Boards Association (NJSBA).
Respondent is a member of the Holland Township Board of Education (Board), located in
Hunterdon County. As a result of his position on the Board, and in accordance with N.J.S.A. 18A:12-
33 and N.J.A.C. 6A:28-4.1, Respondent is required to complete a mandated training program on an
annual basis. For convenience and ease, the training is offered online so any board member may
complete it at any time, from anywhere. Respondent was required to complete the Governance 2
training program by December 31, 2021.
1 The School Ethics Commission adopted an Amended Decision on June 28, 2022, solely because the
Resolution appended to its May 24, 2022, decision contained incorrect information.
2 As a result of the ongoing Coronavirus (COVID-19) pandemic, and the implementation of electronic filing,
service of process was effectuated by the Commission through electronic transmission only.

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On or about April 15, 2022, NJSBA provided the Commission with the names of those board of
education members who failed to complete mandated training by December 31, 2021, and the list
provided included Respondent. Prior to this time, multiple communications about mandated training
were sent to Respondent from NJSBA through a variety of means, including targeted e-mail messages
and postings in School Board Notes. More specific information detailing the outreach efforts of
NJSBA to communicate with Respondent and/or the charter school lead about mandated training is set
forth in the attached Certification from NJSBA. Notwithstanding all of these communications,
Respondent did not complete mandated training.
In light of Respondent’s failure to complete mandated training, an OTSC was issued by the
Commission, and served on Respondent, via electronic mail, on April 26, 2022.
To date, there is no dispute that Respondent did not complete his required training by
December 31, 2021, and did not complete the training prior to the issuance of the Commission’s
OTSC. After having been served with the OTSC, Respondent filed a response to the Commission’s
OTSC. More specifically, Respondent acknowledged that he did not complete his required training
before the December 31, 2021, deadline, and represented that he would complete training on May 19,
2022; however, on May 24, 2022, NJSBA advised that Respondent did not complete training on May
19, 2022. Importantly, Respondent did not deny that he did not complete training in a timely fashion.
III. 	Decision/Penalty Recommendation
N.J.A.C. 6A:28-4.2(d) provides that school board members and charter school trustees who fail
to comply with their training mandate shall be considered in violation of N.J.S.A. 18A:12-33. 	Based
on the record as set forth above, at its meeting on May 24, 2022, the Commission found that
Respondent violated N.J.S.A. 18A:12-33 and N.J.A.C. 6A:28-4.1. Respondent received repeated
notifications of his training requirement, and had ample opportunity to complete the mandated training
in a timely fashion; nonetheless, he failed to complete training as required. Where a violation of the
Act is found by the Commission, the Commission may recommend to the Commissioner of Education
that a penalty be imposed. The recommended penalty can include a reprimand, censure, suspension, or
removal of the school official. N.J.A.C. 6A:28-10.12.
For the reasons set forth above, and because training is regularly completed annually and can
be completed from any computer or device with an internet connection, the Commission recommends
that the Commissioner of Education impose a penalty of removal, with such removal to become
effective immediately upon issuance of the Commissioner of Education’s decision. However, if
Respondent completes training before the Commissioner of Education adopts a final decision (which
will be forty-five (45) days after the mailing date of the within 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 	issuance 	of 	the
Commissioner of Education’s decision.
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.

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Parties taking exception to the recommended sanction 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.”3 A copy of any comments filed must 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 briefs on appeal.
______________________________
Robert W. Bender, Chairperson
Mailing Date: June 28, 2022
3 An electronic submission may also be sent to controversiesdisputesfilings@doe.nj.gov.