In the Matter of Amy Vandergrift, Board of Education of the Township of Greenwich, Gloucester County, 1/8/2021, (#9-21SEC)

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SEC Dkt No. D03-20
Agency Dkt. No. 239-11/20
New Jersey Commissioner of Education
Corrected Final Decision
In the Matter of Amy Vandergrift,
Board of Education of the Township of Greenwich,
Gloucester 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 her
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 advises that respondent failed to file her Disclosure Statements despite the issuance of its October 27, 2020
Order to Show Cause. 	Respondent has neither filed exceptions to the recommended penalty, nor has she
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 hereby removed – effective on the date of this decision – as a school official found to have violated the School
Ethics Act for failure to file her Disclosure Statements.
IT IS SO ORDERED.1
ACTING COMMISSIONER OF EDUCATION
Date of Decision: 	January 15, 2021
Date of Mailing: 	January 15, 2021
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.: D03-20
Decision for Failure to File Personal/Relative and
Financial Disclosure Statements
I/M/O Amy Vandergrift,
Greenwich Township Board of Education, Gloucester County
Procedural History
This matter arises from an Order to Show Cause (OTSC) issued by the School Ethics
Commission (Commission) at its meeting on October 27, 2020, and served on October 27, 2020,
through electronic mail, directing Respondent, a “school official” as defined in N.J.S.A. 18A:1223 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:28-3.1.1
The OTSC issued by the Commission provided notification to Respondent that she had twenty
(20) days to respond to the OTSC, and that failure to respond would be deemed an admission of the
facts set forth in the OTSC. Respondent was further 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. The
Commission discussed this matter at its meeting on November 24, 2020.
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. To this end, and
annually, on or before April 30th of each year, all school officials, as defined in N.J.S.A. 18A:12-23,
must file Disclosure Statements with their local board secretaries or charter school designees. N.J.A.C.
6A:28-3.1(a). 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:283.1(d), N.J.A.C. 6A:28-3.1(e), and N.J.A.C.
6A:28-3.1(f).
1 Due to the ongoing Coronavirus (COVID-19) pandemic, service of process was effectuated by the
Commission through electronic transmission only.
2
Respondent is a returning school official and, therefore, was required to file her Disclosure
Statements by April 30, 2020. However, pursuant to Executive Order 159, and because of the ongoing
Coronavirus (COVID-19) pandemic, the deadline for returning school officials to file their Disclosure
Statements was extended until July 31, 2020. Despite this extension, Respondent failed to file her
Disclosure Statements within the required timeframe.
By correspondence dated approximately October 7, 2020, from the Gloucester County Office of
Education, Respondent was reminded that her Disclosure Statements had not yet been filed with the
Commission. This correspondence further advised Respondent that if she failed to file her Disclosure
Statements by October 14, 2020, the Commission had the authority to issue an OTSC, find her in
violation of the Act, and recommend a penalty up to and including removal for her non-compliance.
When the correspondence from the Gloucester County Office of Education failed to cause
Respondent to file her Disclosure Statements, the Commission sent her another letter dated October 15,
2020, and informed Respondent that failure to file her Disclosure Statements by October 23, 2020,
would result in the Commission voting to issue an OTSC. The Commission further advised that, if an
OTSC was issued, Respondent would be assessed a penalty, up to and including removal.
When Respondent failed to file her 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 by October 23, 2020, and despite receiving multiple
reminders and opportunities to file her Disclosure Statements, an OTSC was issued by the Commission
at its meeting on October 27, 2020. After having been served with the OTSC, Respondent still failed to
file her completed Disclosure Statements, or to otherwise respond to the OTSC.
Decision/Penalty Recommendation
Based on the record as set forth above, at its meeting on November 24, 2020, 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. The
Commission readily acknowledges and is sympathetic to the fact that the Coronavirus has had a
significant impact on the daily lives of all people, and believes that reasonable accommodations and
extensions of deadlines are appropriate and 	warranted in certain circumstances. However, the
Commission notes that Disclosure Statements are filed annually, can be completed from any computer
or device with an internet connection, and that it was only required to issue an OTSC to two (2) of
more than sixteen thousand (16,000) school officials about the statutory obligation to file Disclosure
Statements. As such, there is no reasonable basis for Respondent, based on the current record, to have
failed to comply with this mandate.
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-
10.12. 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 her Disclosure Statements
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 adoption by the Commissioner of Education.
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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.” A copy of any comments filed must be sent to the
Commission 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 24, 2020
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Resolution Adopting Decision for Failure to File Personal/Relative and
Financial Disclosure Statements
Docket No.: D03-20
Whereas, Respondent is a “school official,” as defined in N.J.S.A. 18A:12-23 of the School
Ethics Act (Act), at the Greenwich Township Board of Education; and
Whereas, as a returning school official, Respondent was required to file her Personal/Relative
and Financial Disclosure Statements (Disclosure Statements) by April 30, 2020; and
Whereas, pursuant to Executive Order 159, and because of the ongoing Coronavirus (COVID-
19) pandemic, the deadline for returning school officials to file their Disclosure
Statements was extended until July 31, 2020; and
Whereas, Respondent failed to file her Disclosure Statements by July 31, 2020;
Whereas, at its meeting on October 27, 2020, and after several letters were sent to Respondent
advising 	her 	of 	the 	need 	to 	file 	her 	Disclosure 	Statements, 	the 	School 	Ethics 	Commission
(Commission) issued an Order to Show Cause (OTSC) directing Respondent to show cause why she
failed to file her 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 otherwise file a response to the OTSC; and
Whereas, at its meeting on November 24, 2020, 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 her
Disclosure Statements; and
Whereas, at its meeting on November 24, 2020, 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 her
Disclosure Statements 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 adoption by the Commissioner of Education; and
Whereas, at its meeting on November 24, 2020, the Commission agreed that the within
decision accurately memorializes its findings and recommendations; and
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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
I hereby certify that the within Resolution was duly
adopted by the School Ethics Commission at its public
meeting on November 24, 2020.
_____________________________
Kathryn A. Whalen, Director

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